L02 To NSC - lodge Pre-Repuest · 131999.982963.6

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 six lots in the Viridian Noosa Homes CTS are fully encumbered by a covenant (Dealing Number
708221606). Easements A to L on SP174659 are registered over parts of the common property and
all six lots in the Viridian Noosa Homes CTS. Only Easements I and J are registered over the subject
site.

The development has progressed with all components of the approval including the six (6) dwelling
house uses along Bayview Road being established in accordance with the development approval
existing at the relevant time.

There is a dwelling house use currently existing on the subject site as illustrated in the aerial imagery in
Figure 2 below. This existing dwelling house use on the subject site has been established in accordance
with the existing development approval. Please also refer to those plans in Attachment A.

Figure 1:    Extract from SP174659 (n.b. subject site highlighted in green)

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Figure 2:           2022 Aerial Imagery over the Subject Site (source: Queensland Globe
https://qldglobe.information.qld.gov.au/)




PROPOSAL

The current owners of the subject site seek Council’s approval to support an application to lodge a minor
change to the Planning & Environment Court to alter the existing dwelling house use on the subject site.

The original dwelling was designed by John Mainwaring Architects and the owner has approached
Hollindale Mainwaring Architecture to alter the existing dwelling so that the land owners’ nine (9) grand
children can be better accommodated when visiting then on the subject site. The proposed changes
include the following:

       small extension to the existing kitchen (on lower floor level);
       provision for a future lift (on lower floor level); and
       an extra bedroom and its small deck (on upper floor level).

The proposed changes to the dwelling are illustrated in the proposal plans included in Attachment B
and the following are considered relevant when assessing these proposal plans:

       the only protrusions beyond the form of the existing dwelling envelope are highlighted in those
        plans in the proposal plans;
       the site coverage is marginally increased by 1.95% from 28.3% to 30.25%;
       the modifications occur facing Bayview Rd with no detrimental impact on visual amenity or
        removal of significant trees;
       there are no height increase and no changes to the western and northern elevations;
       the modifications are in harmony with the existing external building form and fabric, colours
        and tectonics; and
       the land owners, (Robyn and Ross Wilson, together with their extended family including nine
        grandchildren) need a little more room within the existing dwelling and the provision of a future
        lift will aid vertical access for the couple in the future but more importantly for one of their

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        grandchildren who requires wheel chair access.


PRE-REQUEST RESPONSE

Section 78 of the Planning Act 2016 details the responsible entity for assessing a changes application
after the appeal period. The Act details that the responsible entity is the Planning & Environment Court
where:

      (b) the P&E Court, if—
           (i) the change application is for a minor change; and
           (ii) the development approval was given because of an order of the court; and
           (iii) there were any properly made submissions for the development application; or

The proposed changes are minor as detailed below, the development approval was issued under a
Court Order and there were submissions to the development application. Therefore the responsible
entity for assessing the application is the Planning and Environment Court.

As part of the changes application process the Act details that anyone who proposes to make a change
application must give notice of the proposal to any affected entity. In this instance the affected entities
are the assessment manager (Noosa Council) and referral agencies and the applicant is seeking a pre-
response notice from Council detailing that they have no objection to supporting the proposed changes.


MINOR CHANGE

Section 78 of the Planning Act 2016 describes a changes application can either be either ‘minor
changes’ or ‘other changes’. The proposed changes to the development approval constitute a minor
change as detailed below.

minor change means a change that—

(b) for a development approval—

   (i) would not result in a substantially different development –

        The changes to the dwelling do not change the use or the significantly alter the appearance or
        impacts of the building on the site.

   (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

          The proposed changes do not include any prohibited development.

          (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 to assess the application against, or have regard to, matters
                prescribed by regulation under section 55(2), other than matters the referral agency
                must have assessed the application against, or have had regard to, when the application
                was made; or

          The proposal does not raise any new matters for referral agencies to consider.

          (E)   public notification if public notification was not required for the development application.

          The original approval was impact assessable. The proposed changes do not significantly alter
          the building or impact on the surrounding area

The proposed changes are considered minor changes under the Act.

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Section 81(2) and (3) of the Planning Act 2016 specifies what the responsible entity (in this instance the
Court) must consider when assessing and deciding applications for minor changes including the
following:

      (2) When assessing the change application, the responsible entity must consider—

            (a) the information the applicant included with the application; and
            (b) if the responsible entity is the assessment manager and submissions were properly made
                about the development application—the submissions; and
            (c) any pre-request response notice or response notice given in relation to the change
                application; and
            (d) all matters the responsible entity would or may assess against or have regard to, if the
                change application were a development application; and
            (e) another matter that the responsible entity considers relevant.

      (3) For subsection (2)(d), the responsible entity—
          (a) must assess against, or have regard to, the matters that applied when the development
              application was made; and
          (b) may assess against, or have regard to, the matters that applied when the change
              application was made.

The applicable planning instruments that Council must have regard to are:
             State Planning Regulations 2017;
             State Planning Policy 2017; and
             The current planning scheme of the Noosa Shire (Noosa Plan 2020).

The proposal does not change the use or scale of impacts and is consistent with the higher order State
Planning Regulations and Planning Policies. Management plans relating to Bushfire Management,
Vegetation Protection and Koala Management exist for the site and the proposed alterations do not
affect these plans.

The Noosa Plan 2020 includes the subject site in the Low Density Residential zone which details that a
dwelling is accepted development and required to comply with the following:-

        Acceptable Outcomes AO4, AO5, AO7, AO8, AO9, AO10, AO11, AO12, AO13, AO14, AO15,
        AO16, AO17, AO18, AO19, AO20, AO21 of the Low Density Residential Zone Code

        Acceptable Outcomes AO1.1, AO2, AO3, AO5,AO6, AO7, AO8, AO9, AO10, AO11, AO12,
        AO13, AO14, AO15, AO16, AO18, AO19, AO20, AO21 and AO22 of the Low Density Housing
        Code.

Detached House Code. It is noted that there are no site specific provisions in the Noosa Heads locality
or Low Density Housing Code of the Noosa Plan 2020 relating to the Bayview Road Houses and the
site is only affected by the following overlays in the Noosa Plan 2020 – Bushfire, Environment – Enhance
or Protect and Local Koala Habitat.

The Court Order for the site includes a number of conditions and development parameters specifically
relating to the Bayview Road Houses. These conditions relate to aspects such as height as well as
colours and materials to minimize impacts on the surrounding area. These conditions along with a
comparison of the current planning requirements and the proposal are detailed in the Figure 3 below:

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Figure 2:     Comparison of the current planning requirements with the proposed modifications

                   Existing        development         Noosa Plan 2020                 Proposal
                   approval
 Building          As per Architectural Sketches       2 storeys                       2 storeys
 Height
                   Not to exceed RL88.8m. on           8 metres                        Less than RL88.8m. on AHD
                   AHD

 Site Cover        Not to exceed Architectural         Two storey building             30.25%
                   Sketch Drawings                     40% for both storeys; or
                                                       50% (for one storey) and 30%
                                                       (for other storey)              Increases site cover from
                                                                                       28.3% to 30.25% by 1.95%.

 Gross     Floor   Not to exceed Architectural         Not specified other than the    Does not exceed 500m2
 Area              Sketch Drawings:                    gross floor area of all
                                                       buildings on a lot cannot
                                                       exceed 500m2

 Setbacks          As shown on the Architectural       Sites over 550m2                No changes    in   minimum
                   Sketch Drawings:                    Road boundary - 6m.             setbacks
                                                       Rear boundary -6m.
                   Existing front, side and rear       1.5m. up to 4.5m in height
                   setbacks     respectively of        and 2m. from 4.5m to 7.5m. in
                   approximately 5.21 (min.) &         height and 2.5m for above
                   7.2m., 1.5, and 6.7 metres          7.5m in height

 Colours           Muted tones of browns,              Not specified                   To match existing    muted
                   greens and greys per colour                                         colour scheme
                   palette.

 Building          Colourbond roofs, timber or         Not specified                   To match existing building
 Materials         powder- coated aluminum                                             materials
                   window       frames,        non-
                   reflective   window        glass,
                   timber balconies,         timber
                   screens, suns screens, stone
                   from the site for retaining wall
                   and facing, timber frame on
                   suspended timber floors with
                   timber, sheet ply and stone to
                   external walls.

 Pool              Max 3m x 3m                                                         No change



As indicated in Figure 3 above, the proposed modifications are consistent with the provisions of the
Noosa Plan 2020 with regard to a dwelling house use. However the proposed modifications do not
comply with the development parameters of the approved plans of the existing development approval
in terms of the architectural sketch drawings, site cover, gross floor area and changes in certain
setbacks. Condition 6.2 of the Court Order states:

         6.2 All of the Conditions are integral to and non-severable from the development approval. In
         interpretation of these Conditions or the exercise of any discretion by the Council of its officers,
         the overriding consideration shall be to ensure that the visual and environmental impact of the
         Development on the Site is minimal and to enhance and maintaining the Environmental Values
         of the site.

In support of the proposed changes it should be noted that:

        The dwelling following the proposed alterations will comply with all Noosa Plan 2020
         development parameters for dwelling houses on the subject site;
        The proposed modifications are considered to be minor, located predominantly over the footprint
         of the existing dwelling house and are well integrated with the existing built form and fabric;

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       The proposed modifications will not detract from the visual amenity of the surrounding area;
       The proposed modifications represent a 1.95% increase to the site coverage occupied by the
        resulting built form;
       No vegetation will be removed as a result of the proposed modifications;
       The proposed modifications will enable landscaped setbacks to continue to be provided
        between the dwelling house on the subject site and existing buildings in the area;
       External building materials and colours as approved under the existing development approval
        will be utilized;
       The proposed modifications will not impact on the amenity of any adjoining lot.
       The Noosa Plan 2020 does not detail a specific gross floor area for the site other than not to
        exceed 500m2;
       Based on the area of the subject lot (i.e. 679 m2) and when also acknowledging that the subject
        site is a lot in a community title scheme with common area of 3799 m2, and the nature of the
        setting of the subject site, the existing three bedroom dwelling is relatively modest compared to
        other homes in the surrounding area.
       The landowners are prepared to accept additional conditions relating to tree protection and
        landscaping as were added to the then existing development approval for Bayview House Lot
        1 in 1580/2019.

The applicant will be seeking amendment of the following conditions of the existing development
approval:

    (a) 2 Development Approval - 2(a)(vi) and 2A) to be amended to include reference to the
        enclosed proposal plans prepared by Hollingdale Mainwaring Architecture dated 15/3/2022

    (b) 6 Development - 6.1(a) and 6.3(b) to be amended to include reference to the enclosed
        proposal plans prepared by Hollingdale Mainwaring Architecture dated 15/3/2022

    (c) 29 Additional Conditions - additional conditions could be added in relation to tree protection
        for the subject site similar to those applied to Bayview House Lot 1 in 1580/2019.

    (d) Approved Plans – A) Architectural Sketch Drawings - to include the enclosed proposal plans
        prepared by Hollingdale Mainwaring Architecture dated 15/03/2022

The applicant seeks Council support for this Pre-request Response and welcomes the opportunity to
discuss the proposal on site.

The enclosed development application is lodged electronically and includes:

       Completed Noosa Council Pre-request Response Application form
       Approved Plans in the existing development approval
       Proposal Plans by Hollingdale Mainwaring Architecture dated 15/3/2022 for the proposed Minor
        Change Application

Council’s fees for assessing this Pre-response Request will be paid directly to Council by the
landowners. Council is requested to confirm its reference number and provide a link for payment of
Council’s fees so that these can be forwarded to the landowners for their payment.

Council is invited to contact our office if any further information and/or clarification is required in response
to this request.


Yours faithfully,




Greg Martoo
Principal
martoo consulting pty ltd

Enclosures (3)