L01 To NC -lodge MCA · 51983.3225.16

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Figure 1 – The Site & Premises




Figure 2 – The Premises within the Site




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Figure 1 — The Site & Premises

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Figure 2 — The Premises within the Site

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Figure 3 – Extract from GTP1154 showing the Metes and Bounds of the Premises (Lot 3 on GTP1154)




2. The Existing Development Approval

The existing development over the site was originally approved by Council in October 1983
(TPC1632 – 25 Bungalow Style 2 bedroom Units & 8 Shops – Group Title). The existing
development approval was issued as a town planning consent approval under the then 1973 Noosa
Shire Council planning scheme and the then Local Government Act 1936.

A restaurant was subsequently approved on the site in December 2000 (DA 18478). A number of
changes have been approved for the site and include but not only limited to the following:

       June 2006 - A change to the development approval to enclose the manager’s residence car
        space into an office.

       June 2011 - Plans to enclose 8m² of the lower level of Unit 7 were considered ’generally in
        accordance’ with the existing approval.

       November 2014 – Enclosure of an additional 5.75m² of the ground floor of unit 22.

       October 2015 - Enclosure of the carport of Unit 11 (13.3m2 to be enclosed).

       March 2016 – Enclosure of the carports of Units 14 and 25 (an additional 14m 2 per unit).

       May 2016 - Change to an existing approval for the redevelopment of Unit 15 of “The
        Hastings” that sought to the replace the existing dwelling unit on site with a new dwelling
        unit. Four storey dwelling approved for the site

       March 2017 - Change to an existing approval to enclose part of the car port of Unit 20 by
        20.5m2. This change did not approve a space capable of being a bedroom as this was not
        applied for. The plans annotated remove of a wall.

       April 2017 - Change to an existing approval to enclose part of the car port of unit 20 by
        8.554m2 and reconfigure (change to internal layout) level 1 and 2.

       August 2017 - Change to an existing approval to enclose part of the car port to create a room
        capable of being a bedroom of Unit 20.

       August 2017 - Change to an existing approval to partially enclose under the existing unit and to
        reconfigure the second floor relating to Unit 5.



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       May 2018 - Change to existing approval to partially enclose the subfloor area of unit 21 to provide
        a covered entry and storeroom area, an expanded bathroom/laundry and enclose under the
        existing upper level deck. An additional 18m2 approved.

       June 2020 - Change to existing approval establish a new detached dwelling within Unit 17

       June 2020 - Change to existing approval establish a new detached dwelling within Unit 19.


3. This Change Application

The existing dwelling within the premises is one of the original dwellings approved on the site in
1983. John Mainwaring, an architect who worked with the late Gabriel Poole on the design and
construction of the original development, advises that the original dwellings were deliberately
designed and constructed as a form of interim development on the site.

As evident by recent submissions by certain owners of other dwellings within the site, there is
general position by some owners that given the design and construction of the original dwellings, the
original dwellings are reaching an age where they are requiring substantial maintenance work and
renovation to reflect current accommodation standards for the area. The original dwellings are also
relatively small comprising an open single carport, laundry and entry on the ground level; a small
combined kitchen, living and dining area and deck on level 1; and two small bedrooms with small
built-in robes on the upper level. The demolition plan (Drawing DA003) in Attachment A provides
the floor plans for the existing dwelling. The elevation of the original dwellings are evident in the
imagery of the proposed elevations in the proposal plans such as these on Drawing DA007 and also
in Figure 3 below. The external fabric of the existing dwelling comprises square hollow section
galvanised posts on the ground level and external wall cladding typically vertically grooved plywood
and the roof gable ends decoratively clad with lattice, and roof structure consisting of a corrugated
iron over a steeply raked roof with the corrugated roof sheeting extended to curve over the hip of
each roof form.

The applicant is intending to demolish the existing dwelling on the premises and is seeking Council’s
approval to develop a new detached dwelling within the metes and bounds of the premises as
shown on the proposal plans in Attachment A.

The new dwelling proposed within the premises incorporates design features which include the
following:

    (a) Ground floor: Open carport fronting an undercover landscaped area which is partly defined
        by a small external shower and storage cupboards, securable two storage rooms, a
        combined laundry and small bathroom and entry stairway to upper levels.

    (b) Level 1: Open floor plan containing a kitchen, dining and living areas, deck and stairways to
        other levels noting that this level is recessed from the western boundary of the premises
        when compared to the ground level.

    (c) Level 2: two (2) bedrooms each with their own ensuite and robes and also stairways to
        other levels.

    (d) Level 3: family room with associated toilet shower, kitchenette and storage and also
        stairways to other levels.

    (e) Rootop: uncovered roof terrace which is partly defined by an open arbour frame and this
        level accessed by a hatch from Level 3 below.

    (f) The proposal is to use similar external cladding materials as feature on the existing
        development in that external cladding will comprise linear (vertical) wall cladding,
        aluminium, textured wall cladding framed glazing.

    (g) There will be feature visual/privacy screening strategically positioned around certain
        windows. Elevated horizontal windows are also utilised so as to increase privacy in other
        rooms on Levels 1, 2 and 3.



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    (h) Other than the arbour frame on the roof top area the maximum height of a building extend to
        a height of about 12.2m above ground level at an elevation of the balustrade on the rooftop
        terrace.

    (i) The top of the roof top arbour frame is less than 15m. above ground level.

Figure 3 – The Elevation of Proposed New Dwelling on the Premises




    (j) The designer has provided perspective views on drawings DA008, DA009, and DA 0010 in
        Attachment A which assist in illustrating the three dimensional relationships of the
        proposed dwelling to surrounding existing dwellings.

It is considered that the proposed new dwelling has been designed to not only respect the
aesthetics of the surrounding building fabric but also the residential amenity of surrounding
dwellings and communal facilities in the setting which has a strong visitor accommodation focus.


4. Assessment Against Relevant Benchmarks

The applicant seeks to make a minor change to the existing development approval under Section 78
of the Act. An application for a minor change to a development approval can only be made in
circumstances where a change would constitute a ‘minor change’.

An assessment of the proposed changes against the provisions of the Act relating to what defines a
minor change is detailed below. The Act states that a minor change:


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           b) for a development approval, is a change to the approval that —

            (i) would not result in a substantially different development; and
            (ii) if a development application for the development, including the change, were made
            when the change application is made would not cause—

                 (A) the inclusion of prohibited development in the application; or
                 (B) referral to a referral agency, other than to the chief executive, if there were no
                     referral agencies for the development application; or
                 (C) referral to extra referral agencies, other than to the chief executive; or
                 (D) a referral agency, in assessing the application under section 55(2), to assess the
                     application against, or have regard to, a matter, other than a matter the referral
                     agency must have assessed the application against, or had regard to, when the
                     application was made; or
                 (E) public notification if public notification was not required for the development
                     application.

The proposed changes are considered to constitute a minor change under the Act for reasons which
include the following:

           The proposed changes to the use will not result in substantially different development as
            detailed in 4.1 below.

           If the application including the proposed changes were remade it would not:
            o    include prohibited development;
            o    require referral to any referral agencies or additional referral agencies as no referral
                 agencies are triggered by the use or site location
            o    require referral to extra referral agencies as no referral agencies are triggered by the
                 use or the site location
            o    no referral agencies triggered
            o    public notification was carried out as part of original development application.


4.1.       Assessment of Substantially Different Development

The State wide Development Assessment Rules provide guidance on determining whether a
proposed change to a development approval results in substantially different development on the
site. The proposed changes have been reviewed against this criteria and the proposed changes are
not considered to be a substantially different development for ground which include those identified
below:

           (a)   involves a new use;

           No new uses are proposed as part of this change application as the changes relates to
           changes to the design of the existing detached dwelling on the site.

           (b)   results in the application applying to a new parcel of land;

           No new parcel of land is to be utilized.

           (c)   dramatically changes the built form in terms of scale, bulk and appearance;

           Considered in context with the entire development over the site, the proposed changes to the
           site are relatively minor with the design utilizing the existing narrow form of development on
           the site and maintains the overall character of the site.

           (d) changes the ability of the proposed development to operate as intended;

           The proposed changes do not affect the operation of the dwelling on the site or the premises.

           (e) removes a component that is integral to the operation of the development;

           The proposed changes do not remove a component that is integral to the operation of the
           development on the site.


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         (f) significantly impacts on traffic flow and the transport network, such as increasing traffic to
         the site;

         Building design changes do not impact on traffic or transport networks.

         (g) introduces new impacts or increase the severity of known impacts;

         No change to existing impacts of the development.

The proposed change to the existing approval are considered to meet the requirements detailed
under the Act and the State wide Development Assessment Rules for a minor change and as such
are considered not result in a substantially different development.

The proposed changes are therefore considered to be a minor change under the Planning act Act.

4.2.     Assessment of This Change Application

In assessing this Change Application, Council as its assessment manager must consider that planning
scheme as in effect when the original development application was properly made (S81 of Planning Act
2016). This change application refers to this planning scheme as the originating planning scheme above.
The Act also provides for Council to be able to give appropriate weight to, among other things, the
planning scheme when the change application was made which is the current version of the Noosa Plan
2020.

The site is currently included in the Visitor Accommodation Zone in the Noosa Heads Local Plan Area
under the Noosa Plan 2020.

The following comments are offered in relation to the assessment of this change application:

   (a)      This change application proposes a detached dwelling to be located totally within the metes and
            bounds of the premises (i.e. Lot 3 on GTP1154). The proposed boundary setbacks above
            ground level are not too dissimilar to those boundary setbacks for the existing dwelling and
            acknowledge that the premises is on a standard format lot in a community titles scheme with
            frontage to common property limited to the existing driveway. It is also relevant that the western
            boundary of the premises and site are defined by an existing 2m. concrete block wall.

   (b)      The proposal is to establish a dwelling on the site that complies with the definition of a dwelling
            in the Noosa Plan 2020.

   (c)      The site and premises are in the Tourist Accommodation Zone and the Hastings Street Mixed
            Use Precinct under the Noosa Plan 2020 and the proposed continuation of the existing dwelling
            use is consistent with the land use preferences in the Noosa Plan 2020 for the site.

   (d)      The premises is not visible from the surrounding road network being either Hastings Street or
            Noosa Drive nor from the beachfront or riverfront. The premises is not located within 10 metres
            of the Hastings St or Noosa Drive.

   (e)      The maximum building height of the proposed new dwelling does not exceed 15m above
            ground level.

   (f)      The only common property within the scheme land that the premises fronts is that containing
            the driveway and as such the premises does not front the public walkway through the site.

   (g)      The proposed external building fabric maintains a mixture of lightweight and textured external
            building materials that are in context with the existing original dwellings within the site and the
            Noosa Plan 2020.

   (h)      The existing car parking space has been retained on ground level. The proposed changes do
            not impact on access to/from and/or maneouvring associated with other parking spaces
            including those used by guests, visitors, staff, or parking spaces for people with disabilities or
            access by service vehicles and the like, as required by the current Noosa Plan 2020.




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Summary and Closure

The applicant proposes a minor change to the existing development approval TPC1632 (51983.3225.15)
by those proposed changes identified above. It is considered that the proposed changes comply with the
relevant planning outcomes in both the originating planning scheme and the current version of the Noosa
Plan 2020.

As a result it is requested that this change application be approved by Council by amending the existing
development approval to approve those changes identified above.

The following two (2) documents are attached as part of this change application:
   1.      The proposal plans by GT Group Building Design comprising Drawings DA0001 to DA0010.
           (Attachment A)
   2.      A completed Planning Act Form 5 (Attachment B)

It is considered that the landowner’s consent to the making of this change application would only be
required from the owner of the premises (i.e. Lot 3 on GTP1154). Such a consent is not required for this
change application because the applicant is the landowner. It is considered that the landowner’s consent
is not required from the Body Corporate of The Hastings Community Titles Scheme (CMS21433) and is
also not required from any owners of any other lots in the site under S79 (1A) of the Act. Such a position
has been established due to these lots being considered to be “excluded premises” and that the change
application does not materially affect these excluded premises as provided for under the Act.

It is requested that Council issue Martoo Consulting a payment link/invoice made out to the applicant for
Council’s assessment fees of this change application so that the applicant can pay Council directly.

Please contact me on mobile 0409632830 or [email protected] if Council requires any further
information and/or clarification in relation to this change application.


Yours faithfully,




Greg Martoo
Principal
martoo consulting pty ltd


Encl (2)




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