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Change Application Cover letter

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                                                                                                         103 Wrigley St (Cnr Sugar Road)
                                                                                                         P O Box 5774
                                                                                                         Maroochydore BC Q 4558
                                                                                                         Phone: 617 5479 5311
                                                                                                         Fax: 617 5479 1289
                                                                                                         Email: [email protected]
                                                                                                         Part of CadCon International Pty Ltd
                                                                                                         ACN 098 201 828




                                                                                                                 October 5, 2023
              CadCon Ref:       229668
              Council Ref:      MCU17/0559.03

              Noosa Council
              Attn: Planning & Development
              By email to [email protected]


              Application for Minor Change to Development Approval MCU17/0559.03 for Material Change of
              Use (Dual Occupancy) at 16 Grant Street, Noosa Heads


              We write on behalf of our client, MCDR Guerreiro & JEG Guerreiro, in lodging an application for a
              minor change to development approval MCU17/0559.03 for Material Change of Use (Dual
              Occupancy) over land at 16 Grant Street, Noosa Heads also known as Lot 87 on RP92518.

              The development application was approved by Council on 1 August 2018 with a currency period of 6
              years. The approval was also subject to a minor change application that was approved by Noosa
              Council on 3 February 2020 (Council reference MCU17/0559.02) and a generally in accordance
              request approved by Noosa Council on 20 November 2020 (Council reference MCU17/0559.03).

              Please find enclosed the following documents:
                  • DA Form 5;
                  • Development Proposal Plans;
                  • Site Photos; and
                  • RPEQ Basement Certification Letter.

              Pursuant to sections 78 and 81 of the Planning Act 2016, it is requested that a minor change be made
              to development approval MCU17/0559.03 in accordance with the attached development proposal
              plans. The dual occupancy has been constructed and a plan sealing application has been lodged with
              Council (Council reference PS23/0020). A site inspection by Council compliance officers (Cliff
              Menzies and Michael Cantori) have identified some inconsistencies between Council approved plans
              and the constructed dual occupancy. The purpose of the change application is to ensure that the
              constructed dual occupancy matches Council’s approved plan records.

              The changes are summarised below:
              1. Shade vergolas at the rear of each unit within private open space areas are now shown on
                 development plans. A picture of the vergola is provided for Council reference. The vergola does
                 not comply with Council’s 6m rear boundary setback prescribed under AO12.1 from the Medium
                 Density Residential Zone Code. The vergola is setback 1m from the rear boundary. The vergola
                 satisfies the corresponding performance outcome in the following ways:
                  •    The vergola will provide a high level of amenity to users of the site as it will assist to provide
                       privacy and shading.
                  •    The vergola will not obstruct views or cause overlooking of private open space or habitable
                       areas of adjoining premises. The development site is located downslope of the adjoining rear
                       lots and therefore the private open space areas including vergola are located at a lower level
                       than neighbouring properties. As can be seen in the attached site photo of the vergola, it does
                       not project much higher than the rear boundary fence.
                  •    The vergola is adequately setback from neighbouring residential properties and is consistent
                       with the character of development in the surrounding area which includes built to boundary
                       elements and development building within prescribed setbacks.


CadCon provides boundary, contour & detail and construction surveys, town planning applications, liaison & negotiation with Councils & Government,
coordination and liaison with architects, engineers etc, coordination and management of development projects from start to finish.
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Page 2

                                                                                                         103 Wrigley St (Cnr Sugar Road)
                                                                                                         P O Box 5774
                                                                                                         Maroochydore BC Q 4558
                                                                                                         Phone: 617 5479 5311
                                                                                                         Fax: 617 5479 1289
                                                                                                         Email: [email protected]
                                                                                                         Part of CadCon International Pty Ltd
                                                                                                         ACN 098 201 828




                  •    The vergola still enables landscaping between buildings and site boundaries. As can be seen
                       in the attached site photo of the vergola, landscaping is provided between the vergola and
                       rear boundary.
              2. The lower level is not backfilled in accordance with Condition 5. Development plans attached
                 have been updated accordingly to show what has been constructed. The site was able to be
                 backfilled at the rear but is not capable of compliance along the sides of the dwellings due to
                 conflicts with servicing requirements (sewer and stormwater). Additionally, the constructed
                 development maintains similar ground levels with adjoining properties along the side boundaries
                 and backfilling along the side boundaries would result in retaining walls and fill above adjoining
                 properties. Please refer to attached RPEQ Basement Certification Letter for full details.
              3. Development plans updated to include constructed washer/dryer and bar/kitchenette on lower
                 floor. It is understood that Council has concerns regarding these facilities resulting in a self-
                 contained unit within dual occupancy dwellings. The development is for a dual occupancy and the
                 inclusion of these facilities will not alter this. There are no limitations that dual occupancy
                 dwellings can only have one washer/dryer or kitchen facilities. There are no intentions for the
                 lower floor to be used as a self-contained dwelling and the lower and upper floor levels are not
                 separated by doors capable of creating a self-contained unit within the dwellings. Council cannot
                 prevent the inclusion of additional laundry/kitchen facilities on the basis of possible non-
                 compliance with operation of a use definition i.e. provided the development operates as a dual
                 occupancy (one household for each dwelling), there is no unlawful land use occurring.
              4. The spiral staircase from the lower level to the upper level of the southern unit is now shown on
                 the development plans. Whilst shown within the southern side boundary setback, the stairs are to
                 provide access between the lower and upper ground levels and meet fire safety regulations. Due
                 to the slope of the land, difference in elevation levels and inability to backfill building sides, a
                 spiral staircase is the most appropriate and complementary way to achieve access. The staircase
                 is semi-transparent to reduce the appearance of building bulk and complement landscaping, and
                 is located behind a solid boundary wall such that it will result in overlooking or privacy impacts to
                 the adjoining lot.
              5. The internal layout on the upper floor was reconfigured and removed the multi-purpose room from
                 Unit 1 as shown on the attached development plans. The change to the internal layout is
                 generally in accordance with the development approval and does not result in non-compliances
                 with planning outcomes. Windows have also been changed on the side elevations of dwellings.
                 Changes are summarised on drawing number “DA 00A” of the attached development plans.
                 Revisions were required to meet PassivHaus certification standards.

              Adjoining neighbours were consulted during construction and did not have any complaints and were
              very supportive of the development.

              For the development approval to satisfactorily address the proposed plan changes, the following
              changes are also required to the decision notice:
                  • Condition 5 – condition to be amended accordingly to reflect the updated development plans
                     – specifically backfill only required to the rear of the dwelling.
                  • List of approved plans to be updated to reflect new plans submitted as part of the minor
                     change application.

              The change requested is considered to be a minor change to a development approval in accordance
              with the definitions from the Planning Act 2016. Specifically, the change to the development approval:
                  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


CadCon provides boundary, contour & detail and construction surveys, town planning applications, liaison & negotiation with Councils & Government,
coordination and liaison with architects, engineers etc, coordination and management of development projects from start to finish.

Page 3

                                                                                                         103 Wrigley St (Cnr Sugar Road)
                                                                                                         P O Box 5774
                                                                                                         Maroochydore BC Q 4558
                                                                                                         Phone: 617 5479 5311
                                                                                                         Fax: 617 5479 1289
                                                                                                         Email: [email protected]
                                                                                                         Part of CadCon International Pty Ltd
                                                                                                         ACN 098 201 828




                        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 change does not result in a substantially different development as the development
              does not:
                 • Involve a new use;
                 • Result in the application applying to a new parcel of land;
                 • Dramatically changes the built form in terms of scale, bulk & appearance;
                 • Changes the ability of the proposed development to operate as intended;
                 • Removes a component that is integral to the operation of the development;
                 • Significantly impacts on traffic flow and the transport network such as increasing traffic to the
                     site;
                 • Introduces new impacts or increase the severity of known impacts;
                 • Removes an incentive or offset component that would have balanced a negative impact of the
                     development; or
                 • Impacts on infrastructure provision.


              We trust this information is sufficient for Council’s purposes. Should you require any further
              information or have any questions, please do not hesitate to contact myself via phone on 07 5479
              5311 or email [email protected]


              Yours faithfully,




              Elise Wilton
              Town Planner | BUrbDev(Urb&RegPlan) | MPIA




CadCon provides boundary, contour & detail and construction surveys, town planning applications, liaison & negotiation with Councils & Government,
coordination and liaison with architects, engineers etc, coordination and management of development projects from start to finish.

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