Council archive · source document
Cover Letter · 51994.1147.03
8th June 2020 Our Ref: 2138 Noosa Shire Council The Chief Executive Officer 9 Pelican Street Tewantin QLD 4565 Via email: [email protected] ATTENTION: Planning and Development Assessment Lodgment of Change Application - Request for a Change to the Conditions specified within the Decision Notice (Minor Change) Unit 7, 13 Viewland Drive, Noosa Heads 4567 QLD Lot 7 on BUP 102159 Good Day, In relation to the abovementioned property and in response to the Advisory Letter dated 6th May 2020, on behalf of Susan Strachan, we hereby submit a Change Application in accordance with s.78 of the Planning Act 2016. Please find enclosed the following documentation to facilitate Council’s assessment of the submission: • DA Form 5, • Certificate of Title and signed Landowner’s Consent, • Architectural Plan (Appendix A) prepared by Mandy’s Design and Drafting, and • Change Approval (Appendix B). 1. Background As early as January 2010, the rooftop terrace area of Unit 7 has been fitted with a shade structure as depicted in Aerial Photograph 1 (below). In early 2019 the applicant replaced the existing shade sail structure with a lightweight pergola structure. The pergola was designed to replicate the pergola structure existing on Unit 8, which was approved by Council in 2008. Aerial Photograph 2 demonstrates this similarity. RG Strategic PO Box 1818 07 5430 6659 Noosa Heads [email protected] QLD 4567 rgstrategic.com.au
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Page 2
Unit 7
Unit 8
Aerial Photograph 1: Site Photo 25 January 2010
Source: Near Maps
Unit 7
Unit 8
Aerial Photograph 2: Site Photo taken 17 April 2020
Source: Near Maps
On the 6th May 2020 the applicant received an Advisory Letter stating that the pergola constructed was in
breach of the current Town Planning Development Approval TPC 2653 issued in 1994. Importantly, whilst the
Advisory Letter refer to the breaching of two Conditions (Conditions 1 and 2), this is incorrect. In 2008 an
Application for a Change to the Development Approval was lodged and approved by Council (Unit 8’s
pergola structure). The result of the Change Application was the deletion of Condition 2, and rewording of
Condition 1 to refer to the plans submitted by the owner of Unit 8 (with regards to the pergola). A copy of this
Change Approval and referenced Plan is enclosed within Appendix B.
Therefore, this Change Application addresses Condition 1 in the Advisory Letter.
PO Box 1818 07 5430 6659
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 3
2. Proposed Pergola
The design details of the proposed pergola structure are illustrated in the enclosed Architectural Plans
prepared by Mandy’s Design and Drafting (Appendix A). The proposed structure presents an improved
lightweight design outcome that results in no greater visual impact than that of the existing approved shade
sail structure. To ensure that the pergola manages the elements of the coastal environment, robust materials
such as powder coated aluminium have been integrated into the redesign.
The height of the overall structure is no greater in height than that of the previous shade sail. The pergola
structure is a replica of the pergola on Unit 8 which was approved by Noosa Council in February 2008. These
similarities are illustrated in Figures 1 and 2 below.
Figure 1: Unit 7’s pergola
Source: RG Strategic
Figure 2: Unit 8’s pergola, approved by Noosa Council
Source: RG Strategic
PO Box 1818 07 5430 6659
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 4
3. Council’s Approval for Unit 8
In 2008 the owner of Unit 8 was granted a Change to the Conditions of the Development Approval TPC 2653
which permitted the construction of a pergola to Unit 8 (enclosed within Appendix B). This pergola significantly
exceeded the 10% of the area permitted to be covered as prescribed within the Development Approval.
Council granted approval of the pergola structure which covers approximately 60% of the unit’s rooftop
terrace area. Council made the following assessment against the proposed pergola at Unit 8 as contained
within the Planning Report made to the Environment and Planning Committee (authored by Daniel Smith –
Appendix B):
• The area proposed to be covered by the pergola is already covered with an impermeable shade sail.
• It can be determined that the existing shade sail does not have a detrimental impact to the
streetscape or neighbouring properties.
• Due to vegetation, it can barely be viewed from the street, and as such is not an imposing structure.
• The proposed patio will not have any greater impact than the shade sail.
Council concluded that the pergola structure at Unit 8:
Due to the limited visibility of the proposed structure and the fact that something similar is already in
place (although erected illegally), the impact is negligible and does not have any significant
detrimental impact on the streetscape or neighbouring properties.
PO Box 1818 07 5430 6659
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 5
4. Proposed Change to Conditions
The following Minor Change to the Conditions contained within the Development Approval TPC 2653 is
proposed to permit the pergola structure to Unit 7. The Condition which is affected by the proposed
pergola is Condition 1. Condition 1, as amended by the Change application lodged in 2008, reads as:
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are titled and/or numbered Proposed Patio
(by Solarspan - undated) and 1, 2, 3 & 4 Dated January 1994 and as may be amended by these
conditions.
4.1 Proposed Change to Condition 1
Change Condition 1 to read:
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are titled and/or numbered as per the
following, and as may be amended by these conditions:
Plan Number/Title Dated Prepared by
TPC 1 January 1994 Middap and Ditchfield
TPC 2 January 1994 Middap and Ditchfield
TPC 3 January 1994 Middap and Ditchfield
TPC 4 January 1994 Middap and Ditchfield
Proposed Patio Undated – approved 12/2/2008 Solarspan
Site Plan 5 June 2020 Mandy’s Design and Drafting
Proposed Floor 5 June 2020 Mandy’s Design and Drafting
Proposed Elevations 5 June 2020 Mandy’s Design and Drafting
As detailed within Section 1 – Background, an amendment to Condition 2 as detailed within the Advisory
Letter is not required as this Condition was deleted by Noosa Council in 2008 as part of the Unit 8’s Change
Application.
PO Box 1818 07 5430 6659
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 6
5. Planning Assessment
The proposed Minor Change can be supported on a number of grounds as detailed below:
• The proposal can be defined as a Minor Change to Approval in accordance with Schedule 2 of the
Planning Act 2016,
• Council has approved the same pergola structure on Unit 8, and
• The proposed pergola structure has design merit with consideration to the environmental elements
and does not result in a greater visual impact to the adjoining properties.
5.1 Minor Change
In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -
(b) for a development approval—
(i) would not result in 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.
In respect of whether the change results in a ‘substantially different’ development, assessment against
Schedule 1: Substantially Different Development Guideline contained within the Development Assessment
Rules, is provided in Table 1 below:
Table 1: Substantially Different Development Guideline
‘Substantially different’
Comment
development
Involves a new use The multiple dwelling use remains unchanged.
Results in the application applying to No new land is applied over as part of this change
a new parcel of land application.
Dramatically changes the built form in As demonstrated within the architectural plans included within
terms of scale, bulk and appearance Appendix A the proposed pergola is of a design and scale
that is appropriate for the site. It has been designed to be in
PO Box 1818 07 5430 6659
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 7
keeping with the pergola structure that has been approved
for Unit 8.
The structure presents an improved design outcome which is
responsive to the elements of the coastal environment
through the utilisation of robust materials.
The proposed design positively contributes to the
streetscape.
Changes the ability of the proposal to The pergola structure does not alter the use as intended.
operate as intended
Removes a component that is integral The proposed minor change will not alter the operation of the
to the operation of the development development.
Significantly impacts on traffic flow and No impacts will be as a result of the proposed Minor Change
the transport network, such as application.
increasing traffic to the site
Introduces new impacts or increases the The proposal presents an improved design outcome which
severity of known impacts better manages the elements and harsh coastal environment
through the use of robust materials.
Removes an incentive or offset The proposed pergola structure represents a minor increase
component that would have balanced a to the sheltered area within the rooftop terrace. This increase
negative impact of the development has been done with reference to the adjacent approved
pergola structure to Unit 8. The proposed pergola structure is
an improved design outcome and is replacing the shade sail
structure that has existed on site since 2010.
Impacts on infrastructure provisions The proposed Minor Change will not impact upon any
infrastructure network.
As demonstrated in the above table, the proposed amendment to the Conditions comply with the definition
of a Minor Change and are consistent with the intent of the original approval. Approval of the proposed Minor
Change is recommended.
We look forward to Council processing the application at its earliest convenience. Should you require any
additional information or have any queries please to not hesitate to contact us.
Kind Regards,
Russell Green APIA MQELA
Managing Director
RG Strategic
PO Box 1818 07 5430 6659
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 8
STRATEGIC SOLUTIONS, CREATIVE THINKING
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