Written Advice (GIA) Letter · 51901.3623.02

GENERALLY IN ACCORDANCE: 7-8/18 PARK ROAD, NOOSA HEADS                                 TAM DANG PLANNING



To incorporate this staircase into the lot area of amalgamated Unit 7, it was determined this would require:
    •   A new Community Management Scheme to include this area as exclusive use. We note that a new
        CMS was already required for the amalgamation to amend the interest and contribution
        schedules, as well as amending the car parking allocation to exclusive use of one lot.
    •   Body Corporate Resolution to formally consent to the transfer of common area and new CMS,
        which will take place at a future general meeting.
    •   Council approval or consent in writing, in accordance with Section 184(5)(b) of the Body Corporate
        and Community Management (Standard Module) Regulation 2020. This outlines that when
        ‘disposal of interest in and leasing or licensing of common property’, the transaction “must be
        accompanied by – … (b) a certificate of the relevant planning body certifying the transaction has
        been approved or noted under the relevant Planning Act”.


In reviewing how Council approval or consent in writing could be provided, we did not believe that it would
require an ‘extension application’ (i.e. Material Change of Use) as it does not start a new use on the
premise. It also does not increase the intensity or scale of the existing use on the premise, as it does not
result in additional gross floor area, with the area remaining an exclusion in the gross floor area definition
as “access between levels”. We did not believe that the minor scale of the work warranted a formal minor
change application and as such, further to a preliminary phone conversation with Council on the 22nd of
July 2024, it was indicated that this work could fall under the ‘Generally in Accordance’ criteria.


We believe that this remains ‘generally in accordance’ with the minor change approval as follows:
    •   It does not result in additional gross floor area.
    •   It does not affect adjacent car parking spaces.
    •   It does not reduce or restrict pedestrian access to other units in the building.
    •   It is not the formal entry to the unit, with the attached plans demonstrating retention of one door
        at the top of the landing.
    •   It will have no impact on the bulk or scale of the building, with the change contained underneath
        the levels above and not directly visible from street frontage.
    •   It should not involve or require a change to a development condition, with the change restricted to
        the Community Management Scheme and ‘exclusive use’ rights under this scheme.


In this regard, we believe that this change does not alter the scale, development outcomes, or operational
impacts of the overall approval and existing building. Given the minor nature of the work, it remains in
accordance with the existing approval and a full minor change application should not be warranted in this
instance. As such, we ask Council to confirm in writing that it is ‘generally in accordance’ with the existing
approval.


In accordance with the ‘Fees and Charges 2024-25’, we note that the applicable fee is $745 and ask that


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