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Minor Change - Updated Planning Report (25.7.2022) · 51997.2397.03
Town Planning Report Request for a Minor Change to the Decision Notice (51997.2397) Unit 2 / 80 Hilton Terrace, NOOSAVILLE 4566 QLD Lot 2 on SP120741 Lorraine M. Pickering
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Page 2
Table of Contents
Important Note 2
1. Summary 3
2. Background 3
3. Development Intent – Proposed Change 4
4. Change to Decision Notice 5
4.1 Proposed Additional Condition 33 5
5. Planning Assessment 6
5.1 Gross Floor Area 6
5.2 Minor Change 9
6. Conclusion 10
List of Figures
Figure 1 - Site location............................................................................................................................................... 4
Figure 2 - Internal layout and Elevation ............................................................................................................... 5
Figure 3 - View from unit 3 - neighbouring unit .................................................................................................. 8
List of Tables
Table 1 - Substantially Different Development Guideline ............................................................................... 9
RG Strategic Planning Report – Minor Change Application 1
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of Lorraine M. Pickering (“Client”) for the specific
purpose of demonstrating the proposed use as being permitted under the Noosa Plan 2020
(“Purpose”). This report is strictly limited to the purpose and the facts and matters stated in it and
does not apply directly or indirectly and will not be used for any other application, purpose, use or
matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
arising out of or incidental to a Third Party; and
• publishing, using, or relying on the facts, content, opinions, or subject matter
contained in this report
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
RG Strategic Planning Report – Minor Change Application 2
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1. Summary
RG Strategic has prepared this development application on behalf of Lorraine M. Pickering. The
purpose of this report is to seek approval for a Minor Change Application and an additional to
Decision Notice 51997.2397 (12530 TC). The subject site is located at Unit 2 / 80 Hilton Terrace,
Noosaville and is formally described as Lot 2 on SP120741.
The application seeks approval for the enclosing of the existing covered BBQ area of unit 2.
Noting that while, the original Planning Approval plans do not recognise the roofing of the BBQ area,
the subsequent associated building approval, approved a roof structure over the BBQ area. At the
time of the original approval, the building certification was undertaken by Council and the building
plans were referred to the planning department to ensure they were in accordance with the
planning approval. Therefore, the cover over the BBQ area is deemed to be approved and in
accordance with the planning approval as the building approval was issued.
This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendices. The development is appropriate and is not anticipated to impact upon the amenity of
the locality. Council’s approval of the application is therefore sought, subject to relevant and
reasonable conditions.
2. Background
• A development approval over Lot 2 RP32784 (12530TC – 51997.2397) for a Material Change of Use
(Multiple Dwelling Units x 4- Building A) was approved in 1998. Unit 2 is part of this approval.
• A development approval over Lot 1 RP104599 & Lot 2 MCH3930 (11876TC – 51997.2283) for a
Material Change of Use (Multiple Dwelling Units x 6- Building B) was approved in 1998.
• The above development approvals approved in 1998, related to 3 separate lots at that time.
These lots were then amalgamated to form Lot 3 SP110328. The survey plan reflects the built form
– 10 units and common property.
• In 1998 a Building approval was issued for 10 units (combining the 2 planning approvals above).
• An approval for Operational works was approved in 2008 for a pontoon.
• On 28 October 2016 a Generally in Accordance request was issued for Unit 2 (12530TC ) that
supported some internal reconfiguring of the unit which included a part enclosure of the balcony
and extension to the bathroom into the courtyard area.
• On 18 November 2021, an application for a minor change to unit 6 to square up the river front
façade and other internal changes was recommended for refusal by Planning staff to Council,
but approved by Council citing the minor nature of the development it met the intent of the
planning scheme.
RG Strategic Planning Report – Minor Change Application 3
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3. Development Intent – Proposed Change The applicant is proposing a Minor Change to enclose the existing covered BBQ area at unit 2 / 80 Hilton Terrace, Noosaville. Figure 1 provides a site location map. Figure 1 - Site location The proposed changes are reflected in the Proposed Plans prepared by RG Strategic and are enclosed within Appendix A. While the original Planning Approval plans do not recognise the roofed BBQ area, the subsequent associated building approval approved a roof structure over the BBQ. At the time of the original approval, building certification was undertaken by Council and the building plans were referred to the planning department to ensure they were in accordance with the planning approval. Therefore, the cover of the BBQ area is deemed to be in accordance with the planning approval as the building approval was issued. The plans approved on the 28 October 2016 ‘generally in accordance’ with the approved plans show the current BBQ area floor layout. The proposal results in a total enclosed space of 17m² which consists of a sink, BBQ, bench and drinks fridge and as demonstrated in Figure 2 below, does not contribute to building bulk, impede views or shade neighbouring properties. The development is minor in nature and generally meets the intent of the planning scheme. RG Strategic Planning Report – Minor Change Application 4
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Figure 2 - Internal layout and Elevation 4. Change to Decision Notice The following Minor Change to the Existing Approval (51997.2397) is proposed to reflect the change to the approved plans. Additional condition 33 is sought by the applicant to reflect the enclosing of the BBQ area and is provided below. 4.1 Proposed Additional Condition 33 It is sought Council agree to additional Condition 33 to read as follows: Additional condition 33 < insert date> (change to unit 2 BBQ area) Plan No. Rev. Plan Date A01 1 Proposed Roof Plan prepared by RG Strategic 15/7/22 A02 1 Proposed Elevations prepared by RG Strategic 15/7/22 RG Strategic Planning Report – Minor Change Application 5
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5. Planning Assessment
The proposed Minor Change can be supported on a number of grounds as detailed below:
• The proposal can be defined as a Minor Change to Approval in accordance with Schedule
1 of the Planning Act 2016;
• The proposal is consistent with the outcomes sought by the Noosa Plan 2020;
• The development is minor in nature and generally meets the intent of the planning scheme;
• The enclosing of the space mostly consists of glazing with the walls well-articulated
presenting an interesting built form, noting the walls are already approved structures;
• The development is not seen from neighbouring units, except from unit 3, which overlooks
the BBQ roof, however, as demonstrated in Figure 3 below, is not an intrusive form but
architecturally pleasing with no external impacts;
• The area is 17m² of BBQ outdoor living space which does not add any more bulk to the
building and satisfies the Noosa style of built form;
• The proposal complies with the plot ratio permitted by the 1990 Planning Scheme which
many of the surrounding developments were approved under. This demonstrates the
development is consistent in bulk and scale of surrounding development;
• The proposal is consistent within the intent of the Decision Notice (51997.2397);
• The proposal is consistent with the ‘generally in accordance approval’ issued on 28
October 2016 which identifies the walls of the BBQ area.
5.1 Gross Floor Area
The proposal is increasing GFA by 17m² to provide an enclosed BBQ area for weather protection.
The area is still considered recreation open space.
Similar to this proposal, a small increase to GFA (15m²) was sought in November 2021 by Lot 6 which
was approved by Council. Notably these modifications were recommended for refusal by Planning
staff. The Council report indicated the following as reasons for refusal for the minor modifications to
GFA of Lot 6 (15m² GFA).
1. The proposal does not comply with Overall Outcome 2(c), Performance Outcomes PO9, PO10,
& PO11 of the Medium Density Zone Code in the Noosa Plan 2020 and will result in:
A. Increased bulk and scale for a development that already exceeds the scale of other
development in the area;
B. A decrease of private open space for Unit 6, and
C. A reduction in the extent of landscape area provided for the site
RG Strategic Planning Report – Minor Change Application 6
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Comment
While the development exceeds the plot ratio zone code provisions, the proposal is considered to
comply with the Overall outcomes 2(c), Performance outcomes PO9 and PO10 which Council Officers
indicated are relevant provisions for assessment of GFA in the similar proposal for Lot 6. The proposal
fully complies with these outcomes as some form of cover over the BBQ is approved in this location
and therefore does not add any new building bulk. In terms of scale of development, the BBQ is not
seen from anywhere external to the site except possibly in the distance from the River where a small
wall and glass door is seen which appears to be part of the building and architecturally pleasing as
seen in Figure 2 above.
Further, it is considered the development is consistent with the bulk and scale of surrounding
development as many of these developments were approved under the 1990 Planning scheme, as
was the subject development, which allowed for a greater plot ratio than the current Noosa Plan. In
this light, when including the previous approvals and the subject additional 17m², the whole
development results in a GFA of 1,919m² complying with the plot ratio permitted for the site under
1990 Planning scheme and therefore importantly, consistent with surrounding development which
was approved under this Planning scheme.
No open space or soft landscaping is removed for the BBQ area.
Reason for refusal - 2
2. The proposal is contrary to Overall and Performance Outcomes of the Dual occupancy
and Multiple Dwelling Code in the Noosa Plan 2020 as:
a. The existing building is of a bulk and scale that is not consistent with the character existing
and sought for the area and the proposed changes will contribute additional bulk and
scale; and
b. The proposed changes will reduce the private open space of Unit 6 and the extent of l
landscape area on site.
Comment
The proposal fully complies with the Dual occupancy and Multiple Dwelling Code because the
covered BBQ area has always existed in some form and by including glazing to the walls does not
add bulk or scale to the development. As described above, the whole development complies with
the 1991 Planning scheme plot ratio requirements, the planning scheme many of the surrounding
developments were approved under, and therefore the development including the enclosed BBQ
area is consistent with surrounding development.
RG Strategic Planning Report – Minor Change Application 7
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Figure 3 - View from unit 3 - neighbouring unit RG Strategic Planning Report – Minor Change Application 8
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5.2 Minor Change
In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -
(b) for a development approval—
(i) would not result in 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.
In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the
Development Assessment Rules, is provided in Table 1 below:
Table 1 - Substantially Different Development Guideline
‘Substantially different’
Comment
development
Involves a new use The residential use remains unchanged.
Results in the application applying No new land is applied over as part of this change
to a new parcel of land
application.
Dramatically changes the built As demonstrated within the architectural plans included
form in terms of scale, bulk, and
within Appendix A and the Figures provided throughout
appearance
this report demonstrates the scale, bulk and
appearance of the units does not dramatically change.
The development has simply installed glazing between
existing walls.
Changes the ability of the proposal The BBQ area does not alter the use.
to operate as intended
Removes a component that is The proposed minor change will not alter the operation
integral to the operation of the
of the development.
development
Significantly impacts on traffic flow No impacts will occur as a result of the proposed Minor
and the transport network, such as
Change application.
increasing traffic to the site
RG Strategic Planning Report – Minor Change Application 9
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‘Substantially different’
Comment
development
Introduces new impacts or increases The BBQ area has existed in some form since the
the severity of known impacts
development was constructed. Any noise and odour is
contained within its walls and will not create any new nor
increase the severity of known impacts.
Removes an incentive or offset Not Applicable.
component that would have
balanced a negative impact of the
development
Impacts on infrastructure provisions The proposed Minor Change will not impact upon any
infrastructure network.
6. Conclusion
The development complies with the definition of a Minor Change and is consistent with the intent of
the original approval.
This report demonstrates that the development is permitted pursuant to the provisions of the
Planning Act 2016 and the Noosa Plan 2020.
The roofed BBQ area has existed in the location since the original approval. It was slightly
reconfigured as part of a generally in accordance approval and enclosed with some glazing. The
development is minor in nature, does not create any external impacts or more building bulk, is
architecturally pleasing and generally meets the intent of the planning scheme. Importantly the
development is consistent with the bulk and scale of surrounding development.
Approval of the proposed Minor Change is recommended.
We look forward to Council processing the application at its earliest convenience. Should you
require any additional information or have any queries please to not hesitate to contact us.
RG Strategic Planning Report – Minor Change Application 10
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