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Minor Change Letter
Tuesday, 19th July 2022
Our Ref: 22245 / Office: Sunshine Coast
Council Ref: 51988.2767
NOOSA SHIRE COUNCIL
PO BOX 141
TEWANTIN QLD 4565
ATTENTION: The Chief Executive Officer
VIA EMAIL: [email protected]
Dear Sir,
MINOR CHANGE APPLICATION
DEVELOPMENT APPROVAL - MULTIPLE DWELLING UNITS
COTE D’AZUR, 6 – 16 DOUGLAS STREET, SUNSHINE BEACH
LOTS 0-12 ON BUP10040
On behalf of the Body Corporate for the above mentioned property, Cote D’Azur CTS 5299, we hereby
make a change application pursuant to Clause 78 of the Planning Act 2016. In summary, the Body
Corporate are seeking to address on-going maintenance issues created by elements of the existing roof
design.
Please find enclosed the following documentation to facilitate Council’s assessment of the request:
Planning Act Form 5, duly completed;
Attachment 1 – Updated Architectural Plans, prepared by Galbraith Scott; and
Attachment 2 – Building Permit 51988.2757.
We understand that an application fee of $2,330.00 is payable for this request and this will be paid on
receipt of the Council’s invoice and reference number.
BACKGROUND
Council records confirm that the existing building was approved in 1988 under development approval
reference 51988.2767. A set of the drawings approved as part of the subsequent Building Permit in 1989
are provided in Attachment 2.
PROPOSED AMENDMENTS
As the existing building has aged there has been increasing problems with water ingress which stem
directly from elements of the current roof design. In order to resolve these issues the building design
consultants, Galbraith Scott Pty Ltd, have recommended amendments to the original design and the key
changes, which are shown on the Proposal Plans in Attachment 1, are summarised below:
• Removal of current bullnose roofing, concrete parapets and the installation of glass balustrading
along the front and rear elevations of the building to improve roof terrace drainage and
waterproofing;
• Replacement of existing rusted steel roof pergola structures and durable powder coated
aluminium battens;
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• Replacement of existing rusted/failed roof trusses with durable powder coated aluminium
trusses, balcony purlins, cappings and roof sheeting across the roof; and
• Replacement of existing roof fixings and painting of roof sheets and capping over entrance
roofs.
Importantly, it should be noted that the proposal will not result in any increase to size of the existing
roof terraces. Please refer to existing and proposed roof plans (1.00 B and 1.02D) for further details.
As will be apparent from the above list, the majority of the proposed works constitute maintenance/
repair work and will not alter the maximum height of the existing building or its setback to the property
boundaries. However, the applicant has been advised that as the proposed works will have an impact on
the appearance of the building a minor change application needs to be submitted to Council for
approval.
In order to formalise the proposed changes to the building it is requested that the list of approved
drawings be amended to include the following Proposal Plans:
Drawing Title Drawing Issue Date
No.
Existing Roof Plan 1.00 B 25.03.2022
Level 3 Floor Plan 1.01 - 22.06.2022
Roof Plan 1.02 D 13.04.2022
Elevation – Street Side 2.01 - 22.06.2022
Elevation – Beach Side 2.02 - 22.06.2022
Elevation – South West 2.03 - 22.06.2022
Elevation – North East 2.04 - 22.06.2022
Proposed Upper Roof Sections & Elevations 3.01 - 22.06.2022
MINOR CHANGE
The Planning Act 2016 defines a minor change as:
A minor change, for a development approval, is a change to the approval that —
i. would not result in a substantially different development; and
In this respect, the DA Rules state that “In determining whether the proposed change would
result in substantially different development, the assessment manager or referral agency must
consider the individual circumstances of the development, in the context of the change
proposed”.
The DA Rule also includes the following tests to help determine if a change would result in
substantially different development:
Description / Provisions Comment / Response
A change may be considered to result in a substantially different development if the proposed
change:
• Involves a new use; or No new land use is proposed.
• Results in the application applying to a No new land is included as part of the
new parcel of land; or application.
• Dramatically changes the built form in The removal of the bull nose roof will have a
terms of scale, bulk and appearance; or minor impact on the appearance of the
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building but it is not considered that this will
have a significant impact on the scale, bulk
and overall appearance of the built form of
the existing building.
Furthermore, the changes proposed will not
alter the maximum height of the existing
building or its setbacks to the property
boundaries.
• Changes the ability of the proposed No changes are made to the proposed
development to operate as intended (for development to impede its operations.
example, reducing the size of a retail
complex may reduce the capacity of the
complex to service the intended
catchment); or
• Removes a component that is integral to The proposed changes do not involve
the operation of the development; or removal of a component that is integral to
the operational of the development.
• Significantly impacts on traffic flow and The proposed changes will not alter the
the transport network, such as increasing amount of traffic generated by the approved
traffic to the site; or development and as such, will have no
impact on the external road network.
• Introduces new impacts or increases the The proposed change does not introduce
severity of known impacts; or any new impacts, nor will it increase the
severity of known impacts.
• Removes an incentive or offset No incentive or offset components were
component that would have balanced the included in the original approval.
negative impact of the development; or
• Impacts on infrastructure provisions. The amended development will not have any
different impacts on infrastructure
provisions.
ii. if a development application for the development, including the change, were made
when the change application is made would not cause—
Description / Provisions Comment / Response
A. the inclusion of prohibited No prohibited development is proposed.
development in the application; or
B. referral to a referral agency, other than It is understood that the original application
to the chief executive, if there were no did not trigger referral and as such, no
referral agencies for the development additional referrals are required.
application; or
C. referral to extra referral agencies, other No extra referrals are required.
than to the chief executive; or
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D. a referral agency to assess the No additional referral assessment
application against, or have regard to, triggers/aspects are required.
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
E. public notification if public notification No change.
was not required for the development
application.
Based on the assessment set out above, the proposed change is consistent with the definition of a minor
change in the Planning Act.
ASSESSMENT
Pursuant to Clause 81 (4) & (5) the responsible entity must consider the statutory instrument, or
other document, as in effect when the development application for the development approval
was properly made.
However, the responsible entity may give the weight the responsible entity considers is
appropriate, in the circumstances, to—
(a) the statutory instrument or other document as in effect when the change application
was made; or
(b) if the statutory instrument or other document is amended or replaced after the
change application is made but before it is decided—the amended or replacement
instrument or document; or
(c) another statutory instrument—
(i) that comes into effect after the change application is made but before it is
decided; and
(ii) that the responsible entity would have been required to consider if the
instrument had been in effect when the development application for the
development approval was properly made.
Comment: As mentioned above, the proposed works do not alter the approved maximum height of the
building or it setbacks to the property boundaries and on this basis the amended design remains
consistent with the assessment provisions applicable at that time.
It is also relevant to note that an assessment of the proposed works against the current Noosa Plan 2020
confirms that the proposed changes to the building are also consistent with the most relevant
assessment benchmarks in the Plan as they will not increase the existing height, will not alter the existing
site cover and will not result in the building encroaching into the established boundary setbacks.
CONCLUSIONS
This application seeks a minor change to amend the approved plans for the existing building at 6 - 16
Douglas Street, Sunshine Beach to include proposed changes to the current roof design. The proposed
works are required to resolve long standing maintenance issues associated with the original design of
the roof.
The assessment set out above, confirms that the proposed changes are consistent with the definition of
a minor change in the Planning Act and the development is considered to remain consistent with the
original, and current, assessment benchmarks. In this respect, it is important to note that the proposal
works will not alter the height, scale, mass or bulk of the existing building and as such, will not have a
significant impact on its external appearance.
For the reasons outlined above, we request that Council endorse the enclosed Proposal Plans as being
a minor change to the original development approval 51988.2767.
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Should you have any questions with respect to the above, please do not hesitate to contact me direct. Yours faithfully PROJECT URBAN Mick Sheppard Director Email: [email protected]