L04 To NC -lodge MCA · 132003.220763.1

Page 2

architecture that that time with sloping building elements such corrugated iron walls and deck posts as well
as solid louvers over windows fronting the private street/common property to the east.

Figure 1 – The Site & Premises (note The Site outlined in blue and the Premises outlined in red)




Figure 2 – The Premises within the Site (note The Site outlined in blue and the Premises outlined in red)




                                                        Page 2

Page 3

Figure 3 – Extract from SP111721 showing the Metes and Bounds of the Premises (Lot 2 on SP1117321)




The premises and all lots and most of the private street in the premises are included in the Low Density
Residential Zone under the 2020 Noosa Plan. All remaining common property in the site is included in
the Environmental Management and Conservation Zone under the 2020 Noosa Plan.


Figure 4 – Extract from 2020 Noosa Plan over the Premises and the adjacent part of the Site.




                                                       Page 3

Page 4

2. This Change Application

Figure 4 – Photograph of eastern elevation of the original dwelling




Figure 5 – Artist’s impression of the proposed eastern elevation




The landowner recently purchased the premises and decided to change the design of the existing
dwelling so as to, among other things, undertake the following –

 (a)     To alter the design for the form of the existing dwelling structure which includes certain
         sloping walls so that it is more functional. As a result external sloping wall and internal
         sloping walls have been removed and replaced with vertical walls.


                                                       Page 4

Page 5

 (b)        The existing use of solid louvres have been reduced especially for those windows on the
            private street (common property) frontage.
 (c)        The size of certain windows along the northern side boundaries have been reduced and
            their height above existing floor level increased
 (d)        To provide improved circulation and storage within all levels of the building.
 (e)        To provide a manager’s office on the ground level.
 (f)        To a guest bedroom on the upper level
 (g)        To better connect the house to the existing pool.
 (h)        To rely on existing footings where possible with the additional footings being provided to
            supported the extension for the guest bedroom.
 (i)        To replace faulty, degraded or damaged building elements.
 (j)        To replace poorly maintained vegetation (particularly around the existing swimming pool
            within the site) with professionally designed softscape.

A copy of the proposal plans are included in Attachment A and a plan showing proposed floor
areas is included in Attachment B.


3. Assessment Against Relevant Benchmarks

The applicant seeks to make a change to the existing development approval under Section 78 of the
Act. An application for a minor change to a development approval can only be made in
circumstances where a change would constitute a ‘minor change’.

An assessment of the proposed changes against the provisions of the Act relating to what defines a
minor change is detailed below. The Act states that a minor change:

           b) for a development approval, is a change to the approval that —

            (i) would not result in a 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.

The proposed changes are considered to constitute a minor change under the Act for reasons which
include the following:

           The proposed changes to the use will not result in substantially different development as
            detailed in 4.1 below.

           If the application including the proposed changes were remade it would not:
            o    include prohibited development;
            o    require referral to any referral agencies or additional referral agencies as no referral
                 agencies are triggered by the use or site location
            o    require referral to extra referral agencies as no referral agencies are triggered by the
                 use or the site location
            o    no referral agencies triggered
            o    public notification was carried out as part of original development application.


3.1.       Assessment of Substantially Different Development

The State wide Development Assessment Rules provide guidance on determining whether a
proposed change to a development approval results in substantially different development on the

                                                   Page 5

Page 6

site. The proposed changes have been reviewed against this criteria and the proposed changes are
not considered to be a substantially different development for ground which include those identified
below:

         (a)    involves a new use;

         No new uses are proposed as part of this change application as the changes relates to
         alterations to the design of the existing detached dwelling on the premises.

         (b)    results in the application applying to a new parcel of land;

         No new parcel of land is to be utilized.

         (c)    dramatically changes the built form in terms of scale, bulk and appearance;

         Considered in context with the entire development over the site, the proposed changes to the
         premises are relatively minor with the design utilizing much of the foundations and footings of
         the existing dwelling on the premises and maintains the overall residential character of the
         site.

         (d) changes the ability of the proposed development to operate as intended;

         The proposed changes do not affect the operation of the dwelling on the site or on the
         premises.

         (e) removes a component that is integral to the operation of the development;

         The proposed changes do not remove a component that is integral to the operation of the
         development on the site.

         (f) significantly impacts on traffic flow and the transport network, such as increasing traffic to
         the site;

         Building design changes do not impact on traffic or transport networks.

         (g) introduces new impacts or increase the severity of known impacts;

         No change to existing impacts of the development.

The proposed change to the existing approval are considered to meet the requirements detailed
under the Act and the State wide Development Assessment Rules for a minor change and as such
are considered not result in a substantially different development.

The proposed changes are therefore considered to be a minor change under the Planning Act.


3.2.     Assessment of This Change Application

In assessing this Change Application, Council as its assessment manager must consider that planning
scheme as in effect when the original development application was properly made (S81 of Planning Act
2016). This change application refers to this planning scheme as the originating planning scheme above.
The Act also provides for Council to be able to give appropriate weight to, among other things, the
planning scheme when the change application was made which is the 2020 Noosa Plan.

The premises is currently included in the Low Density Residential Zone in the 2020 Noosa Plan. The
2020 Noosa Plan maps the following overlays over the site

       1. Coastal Protection Overlay – over the whole of the premises
       2. Bushfire Hazard Overlay - Potential Impact Buffer (only) over the whole of the premises
       3. Acid Sulfate Soils Overlay – over only the south-eastern corner of the site

Plan of Development 65 is listed as one of the Plans of Development in Table SC1.2.3 in the 2020
Noosa Plan.


                                                    Page 6

Page 7

Development parameters listed on the Plan of Development 65 indicate the following in relation to
any new dwelling house use on any lot in the Marcus Dunes CTS:

       Buildings to be constructed in the envelopes on the Plan of Development 65
       Maximum building height
             o 2 storeys
             o 8 metres
             o Maximum roof levels as shown whichever is the lessor height
       Maximum building levels – 3
       Maximum site coverage - 40%
       Maximum dwelling unit floor area – 350m2 (including garage space) and one manager’s
        office of 40m2 which totals 390m 2.

An extract of Plan of Development 65 over the site is shown in Figure 5 below.


Figure 5: Extract from Plan of Development 65 over the Premises




The following comments are offered in relation to the assessment of this change application:

    1) The proposed design is considered to comply with those development parameters in Plan of
       Development 65 as listed above. Refer to Proposal Plans floor area plans in Attachment A
       and Attachment B respectively.

    2) Overall, it is considered that the proposed design also offers the potential for the following –

            a. Improved presentation to the private street which an area of common property
               abutting the site. This also always for improved passive surveillance of this
               adjoining common property from the dwelling.
            b. No apparent increase in building bulk to the presentation of the dwelling to the
               private street/common property.
            c. Better privacy for the adjoining uphill dwelling house use to the north by the
               reduction in size and raising in height of certain bedroom windows.
            d. Improved privacy from the upper level deck to the pool area within the adjoining
               downhill dwelling house use to the south.
            e. In addition there has been improved utility of certain spaces within the altered
               dwelling.


                                                  Page 7

Page 8

    3) The proposed alterations do not impact on existing development works within common
       property.

    4) The proposal does not change the existing use of the common property given that it will
       result in the existing use of common property to provide access, services and facilities as
       existing for the existing dwelling on the premises.

    5) Typically existing footing and foundations will be utilised wherever possible.

    6) There is not significant earthworks required as a result of the proposal


Summary and Closure

The applicant proposes a minor change to the existing development approval DA 23269 by those
proposed changes identified above. It is considered that the proposed changes comply with the relevant
planning outcomes in both the originating planning scheme and the 2020 Noosa Plan 2020.

As a result it is requested that this change application be approved by Council by amending the existing
development approval to approve those changes identified above.

The following three (3) documents are attached as part of this change application:
   1.      The proposal plans by comprising Drawings DA0001 to DA0010. (Attachment A)
   2.      A plan showing proposed floor areas (Attachment B)
   3.      A completed Planning Act Form 5 (Attachment C)

It is considered that the landowner’s consent to the making of this change application would only be
required from the owner of the premises (i.e. Lot 1 on SP111721). Such a consent is not required for this
change application because the applicant is the landowner. The existing development approval being
changed only related to the premises (i.e. Lot 1 on SP111721) and not any other lot of the common
property. As such it is considered that the landowner’s consent is not required from the Body Corporate of
Marcus Dunes Community Titles Scheme (CMS26506) and is also not required from any owners of any
other lots in the site. It is also noted that the proposed change does not result in works in the common
property or the use of the common property that is not provided for in the existing registered Community
Management Statement. In any regard the applicant is currently obtaining the approval of the body
corporate for the proposal as required under the existing registered Community Management Statement
Marcus Dunes Community Titles Scheme (CMS26506).

It is requested that Council issue Martoo Consulting a payment link/invoice made out to the applicant for
Council’s assessment fees of this change application so that the applicant can pay Council directly.

Please contact me on mobile 0409632830 or [email protected] if Council requires any further
information and/or clarification in relation to this change application.


Yours faithfully,




Greg Martoo
Principal
martoo consulting pty ltd


Encl (3)




                                                  Page 8