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L04 Minor Change Planning Statement to NSC · MCU18/0013.02

Attached to the e-mail Change to DA (Add concrete awning & change fence) - MCU18/0013.02.

of 5

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Council Reference:    MCU18/0013
Our Reference:        2055 L04 SC
M2C Contact Person:   Nadine Gorton




28th May 2019




Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565


Confidential Email Transmission: [email protected]
Original in Post: No




Dear Sir/Madam

RE: LODGEMENT OF A CHANGE APPLICATION                                              _
Minor Change to a Development Approval for Material Change of Use for a Detached house
over 24 Arakoon Crescent, Sunshine Beach described as Lot 794 on RP48111

Martoo Consulting has been engaged by the applicant and landowner, Lunar Investments Pty Ltd, to
submit a minor change application to Noosa Council under the Planning Act 2016. This application
seeks approval to replace the affected approved plans with the attached plans which show minor
design modifications.

This letter details the proposal and provides an assessment of the proposed changes against the
relevant code provisions contained within the 2006 Noosa Plan.


1. THE SUBJECT SITE
The subject site is a rhomboid shaped lot located on the eastern side of Arakoon Crescent,
Sunshine Beach. The site slopes steeply down from the Arakoon Crescent frontage to the rear
boundary and is currently vacant. The site has been altered through past construction activities with
sheet piling undertaken to stabilise the steep bank to the road frontage.

Residential dwellings are located to the north and south with an unformed public walkway located
along the southern boundary of the site. The map and aerial below illustrates the site location and
existing conditions.
Full text of the other 4 pages

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                                                                                  Subject site




Figure 1 – Site location

Vehicular access to the site is from Arakoon Crescent which is of a split level configuration. The site is
serviced by all essential urban infrastructure including reticulated water supply, sewerage, underground
telecommunications and overhead electricity cables, stormwater drainage and a bitumen roadway.

The general character of the area is that of residential dwellings of differing building styles with several
dwellings having garages located within the Arakoon front boundary setback. The site enjoys direct views
to Sunshine Beach.




Figure 2 – Site and existing slope
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2. PROPOSED CHANGES
The applicant proposes the following changes to the approved development:
   a. Additional concrete awning at rear of building to align with awning below. The additional
      awning uses similar beam detail as the level below and does not result in any changes to
      approved site cover, setbacks or building height.
   b. Changing the approved fence on the northern boundary to match the existing adjacent
      neighbouring boundary fence which is stepped (as shown in Figure 2 above).

The approved plans affected by the above changes have been revised by Shaun Lockyer Architects
and are attached and the extent of the changes are noted on the revised plans. The attached plans
are intended to replace all approved plans with the same name and those approved plans that have
not been altered are intended to remain.

The proposed changes are consistent with the conditions of approval and no changes to existing
conditions are proposed or considered necessary to facilitate the changes.



3. ASSESSMENT
An assessment of the proposed changes against the provisions of the Planning Act 2016 relating to
what defines a minor change is detailed below. The Planning Act 2016 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

      The proposed changes are not considered to be a substantially different development as
      detailed by the Development Assessment Rules which include:

         (a) involves a new use;

                No new use proposed.

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

                No new parcel of land to be utilised.

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

                No dramatic changes to the built form.

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

                No changes in the ability of the proposed development to operate as intended.

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

                Does not remove a component that is integral to the operation of the development.

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

                Does not significantly impact on traffic flow and the transport network.

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

                Does not introduce new impacts or increase the severity of known impacts.

         (h) removes an incentive or offset component that would have balanced a negative impact
         of the development; or

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                No change to proposed use.

         (i) impacts on infrastructure provisions.

                No change to existing infrastructure servicing the site.

        (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;

                The proposed changes are not prohibited development.

                (B) referral to a referral agency, other than to the chief executive, if there were
                no referral agencies for the development application;

                The proposed changes do not trigger referral to a referral agency.

                (C) referral to extra referral agencies, other than to the chief executive;

                The proposed changes do not trigger referral to an extra referral agency.

                (D) a referral agency to assess the application against, or have regard to,
                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;

                The proposed changes do not trigger referral to a referral agency.

                (E) public notification if public notification was not required for the
                development application.

                The proposed changes do not trigger public notification of the proposal.


The Planning Act 2016 states that when assessing a change application the responsible entity:

      81 (3) (a) must assess against, or have regard to, the matters that applied when the
                 development application was made; and
            (b) may assess against, or have regard to, the matters that applied when the change
                 application was made.

The Noosa Plan includes the site in the Eastern Beaches Locality in the Attached Housing Zone. The
original application triggered code assessment under the Noosa Plan because the proposal did not
comply with Column 2 of Table 14.28 – 14.30 of the Detached House Code with regard to setbacks,
building height in storeys and metres and site cover, and because the site is mapped in the Coastal
Protection Area under the Natural Hazards and Natural Resources Overlays.

The original application was assessed against the Detached House Code and the Natural
Resources Overlay Code and approved. The proposed changes do result in any changes to the
approved setbacks, building height or site cover, or result in any additional implications which were
not considered in the original application, and compliance with these codes is maintained.
Accordingly, this change application is considered to comply with the relevant assessment
benchmarks in the Noosa Plan and we recommend the application is approved.

The attached development application is lodged electronically and includes:
    1. Change application Form 5
    2. Revised Plans prepared by Shaun Lockyer Architects dated 12.04.19

Application fees will be paid separately following lodgement of the application and notification of
Council’s reference.
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Please contact me if you require any further information and/or clarification.



Yours faithfully,




Sarah Cole
Senior Town Planner
martoo consulting pty. ltd.




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