Change Application Cover letter

                                                                                                         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


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