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Minor Change Report 51981 4258 01 [As Published] · 51981.4258.01

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Graduate Development Planner, Jada Lyons
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                 51981.4258.01

                    Development Approval            Town Planning Consent Permit 1441

                    Applicant                       Thompsett Architecture

                    Request Received On             7 February 2023

                    Report Reviewed By              Tara Norley – 8 December 2023


                    PROPERTY DETAILS

                    Property Address                Costa Nova
                                                    1 Belmore Tce Sunshine Beach

                    RP Description                  Lot 0 BUP 9851

                    Land Area                       2,198m2

                    Existing Use of Land            Multiple Dwelling


                    STATUTORY DETAILS

                    SEQRP Designation               Urban Footprint

                    Zone                            High Density Residential

                    Precinct                        Not applicable

                    Local Area Plan                 Coastal Communities Local Plan

                    Overlays                        Land Subject to Acid Sulfate Soils
                                                    Coastal Protection and Scenic Amenity
                                                    Landslide Hazard Overlay

                    Assessment Type                 Minor Change to Development Approval



               1.      PROPOSAL
               The applicant seeks approval to change to an existing development approval in relation to ‘Costa
               Nova’ apartments at the corner of The Esplanade and Belmore Terrace, Sunshine Beach. The
               proposed changes include:

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Document Set ID: 22328738
Version: 5, Version Date: 08/12/2023
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               •    Refurbish the existing pool and upgrade equipment;
               •    Add an external WC room;
               •    Replace an area of garden bed with paved area;
               •    Add new BBQ area;
               •    Re-pave the pool enclosure area;
               •    Move a current access gate down the driveway;
               •    Create a new pedestrian entry to the pool enclosure from the main resort entry stairs;
               •    Upgrade remainder of landscaping.


               The locality and proposal plans are included below.




                                                         Figure 1 – Locality




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                                       Figure 2 – Existing Plan of Pool Area




                                       Figure 3 – Proposed Plan of Pool Area




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                                                Figure 3 – Proposed Plan of Pool Area




                                                        Figure 4 – Elevations

               2.     BACKGROUND
               A development approval was issued November 1981, for a 4-storey multiple dwelling of 18 units.
               This approval was modified in July 1988 following negotiations with the applicant for improvements
               to the building including alterations to car parking, inclusion of a lift, reduction in building height
               and deletion of general store, sauna, public toilets and inclusion of a manager’s office. The
               approval was further modified in June 1999 permitting an increase to the living area of an existing
               unit into the existing balcony area for a top level unit.




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               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      The Noosa Plan 2020.
               3.2. Statutory Process
               The applicant has requested to make a minor change to a development approval under s78 of the
               Planning Act 2016. An application for a minor change to a development approval can only be made
               in circumstances where a change would constitute a ‘minor change’.
               The proposed change to the development approval requested by the applicant is determined to
               constitute a minor change on the grounds that:
               •      the development would not result in substantially different development as it will not change
                      the approved use and will not increase the scale and intensity of the use;
               •      the change does not include prohibited development;
               •      the change would not require the application to be referred to an additional referral agency
                      or cause a referral agency to have regard to new matters prescribed by regulation;
               •      where the original application was code assessable, the change would not cause the
                      application to become impact assessable.
               3.3. Statutory Instruments – Planning Scheme
               The application is required to be assessed against the planning scheme that was in place at the
               time the original development application was lodged, being the 1973 planning scheme, but may
               have regard to the Noosa Plan 2020. The following codes from the Noosa Plan 2020 are applicable
               to this development:
               •      High Density Residential Zone Code
               •      Coastal Communities Local Plan Code
               •      Dual Occupancy & Multiple Dwelling Code
               •      Coastal Protection and Scenic Amenity Code
               •      Acid Sulfate Soils Overlay Code
               •      Landslide Hazard Overlay Code


               The land is zoned High Density Residential under the Noosa Plan 2020.
               The existing building does not accord with the current outcomes sought for the area, for buildings
               to incorporate a mix of lightweight and textured external building materials, maximum height of 3
               stories, highlighting of individual dwellings by including individual design elements, variation in roof
               form. The existing building is 4 storeys, has rendered finishes, with little variation in materials, with
               the units of a uniform design and no variation in roof form.
               The table below provides a comparison between the scheme performance standards and the
               development proposal.

                Criteria                         Planning Scheme           Proposal                      Complies

                Plot ratio                       0.65:1 max.               < m²                          X


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                Site cover                     40% max                   36.5% (includes shade 
                                                                         sails and toilet)

                Landscaped open space          40% min                   > 40%                       
                Soft landscaping               60% min of total          > 60%                       
                Landscaping Setbacks           2 metres                  0 metres                    X

                Building height
                •    storeys                   3 storeys max             4 storeys                   X
                •    metres                    12 metres                 11 metres                   

                Boundary setbacks
                 • Frontage                    6-10 metres min           2.8-4.5 metres              X
                 • Side (north)                3 metres min              3.2 metres                  
                 • Side (west)                 3 metres min              4.1 metres                  

                 • Rear                        6-8 metres min            6 metres                    X

                Length of wall                 15 metres max             19 metres                   X

                Units in one plane             Max 6 units in one 10 units                           X
                                               plane

                Carparking                     21 covered min            21 covered                  
                                               5 uncovered min           5 uncovered                 



               The proposal is for changes to the pool area only and does not include any changes to the existing
               building.
               The works include removing an existing raised garden bed along the southern portion of the pool
               area, which will be replaced with a new structure for pool plant and equipment storage, new paving
               and a WC room. The removal of the garden bed will reduce landscaping on the site by 26.5m2
               (0.025% of the site). Landscaping will still be provided to over 40% of the site area, as per
               requirements of the Dual Occupancy and Multiple Dwelling Code.
               The applicant has confirmed that existing vegetation on the site is to be updated and revitalised in
               accordance with a new landscaping plan that is to be approved by the Body Corporate at a later
               date.




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                                                 Figure 5 – Existing Front Elevation




                                         Figure 6 – Existing Vegetation Forward of Pool Area

               The proposal also includes replacing an existing shade sail over the barbecue area and installing
               a shade sail over a portion of the pool and the plant and equipment storage structure. The proposed
               shade structure is 10m2 in area, which is considered to be of a scale that is not appropriate within
               the front setback. It is considered reasonable to include a requirement for plan amendments that
               reduce the area of the shade structure to exceed 5m2 in size to reduce the scale of the structure
               to the street and surrounding area.
               It is also considered reasonable in this instance to require plan amendments for screening
               vegetation with a minimum height of 2 metres be planted in front of the barbecue and pool area to
               help buffer the development from the street.




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                                            Figure 7 – Existing Shade Sail over Barbecue Area

               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. 51981.4258.01, to make a minor change to an existing approval for
               a Multiple Dwelling situated at Costa Nova 1 Belmore Tce Sunshine Beach Qld 4567 described as
               Lot BUP 9851, Council on 8 December 2023 decided to:
               A.     Approve the change.
               B.     Include the following additional conditions:
                      22.     Development authorised by this approval must be undertaken generally in accordance
                              with the Approved Plans listed in the table below. The plans must be amended to
                              incorporate the amendments listed within the table below and resubmitted to Council.
                              The following plans require amendment.

                                 Plan No.           Rev.    Plan/Document Name                             Date

                                 002                B       Proposed Works, prepared            by   Peter -
                                                            Thompsett Architecture




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                                 003          A      Roof Plan, prepared by Peter Thompsett -
                                                     Architecture

                                 Amendments   Shade structure over barbecue area to be reduced to 5m2 in size and
                                              setback a minimum of 6m from the front boundary.
                                              Screening vegetation with a minimum height of 2 metres to be
                                              provided in front of the barbecue area to help buffer the area from
                                              the street.




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Document Set ID: 22328738
Version: 5, Version Date: 08/12/2023

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