Cover Letter - Minor Change Application · 51987.3004.01

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Figure 1 – Aerial Photograph of Site


The Proposal

The proposed minor change application seeks an approval to make alterations to the dwelling. The
works predominantly involve replacing existing structures which are failing and includes:
    + Replacing stairs, balustrade and associated slabs and retaining walls between the two
       dwelling pods;
    + Replacing retaining walls at the rear of the dwelling; and
    + Replacing a deck at the rear of the dwelling.

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Figure 2 – Floor Plan illustrating proposed works

Please refer to the Architectural Plans at Attachment 1 and the Engineering Plans at Attachment 2
for further details.

The abovementioned work will require a total of 20 trees to be removed, most of which are small,
juvenile trees. The trees identified for removal are located in close proximity to existing retaining
walls and are compromising their structural integrity. These trees will be replaced with more suitable
varieties. Additionally, a large pandanus will require trimming to provide crane access to complete
the work.

Please refer to the Tree Management Report at Attachment 4 and Engineering Letter at Attachment
3 for further details.

Changes to Conditions/Plans of Approval

As a result of approving the proposed changes, it is requested that the plans listed in the table below
are reflected in any change to approval decision notice. It is considered that no other change to the
approval would be necessary.

Approved Plans
 Plan No.                Rev.      Plan/Document Name                             Date
 A100                    1         Proposed Floor Plan, prepared by Kings Lane    28/07/2022
                                   Architects
 A500                    1         Construction Details, prepared by Kings Lane   28/07/2022
                                   Architects
 31205-S1.1              -         General Construction Notes, prepared by SCG    July 22
                                   Consulting Engineers
 31205-S2.1              -         Detail Sections, prepared by SCG Consulting    July 22
                                   Engineers

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 31205-S2.2           -     Detail Sections, prepared by SCG Consulting          July 22
                            Engineers
 31205-N              -     General Construction Notes, prepared by SCG          July 22
                            Consulting Engineers

Approved Documents
 Plan No.      Rev.        Plan/Document Name                                 Date
 -             -           Tree Management Report – 6 Park Road, Noosa        14th September
                           Heads, prepared by Arbor Active                    2022


Statutory Process

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’
under section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change
       relates to a minor alterations to an existing dwelling house;
    + The change would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor
change’ to the approved development. On this basis, it is considered that the request should be
dealt with pursuant to provisions outlined within Section 81 of the Planning Act 2016.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application:

(4) The responsible entity must consider the statutory instrument, or other document, as in effect
when the development application for the development approval was properly made.

(5) However, the responsible entity may give the weight the responsible entity considers is
appropriate, in the circumstances, to— (a) the statutory instrument or other document as in effect
when the change application was made;

The original dwelling was approved by council at its meeting on 18th August 1987 (TPC 1864).

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was
made. In this circumstance, it is considered that weight should be afforded to the Noosa Plan 2020
when assessing the proposed changes, as this document sets out the current planning intent for the
Shire over the next 20 years.

The proposed development would constitute a Dwelling House under the Noosa Plan 2020. The
subject site is located within the Low Density Residential Zone and the Noosa Heads Local Plan Area.

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A Dwelling House is accepted development subject to requirements, and subject to assessment
against the following the following assessment benchmarks:

 Applicable Assessment Benchmarks
 Noosa Plan 2020
                         +   Acceptable Outcomes AO5, AO7, AO8, AO9, AO10, AO11, AO12, AO13,
                             AO14, AO16, AO17, AO18, AO19, AO20 and AO21 of the Low Density
                             Residential Zone Code.

                         +   Acceptable Outcomes AO2, AO3, AO4, AO7, AO15, AO16, AO18 and
                             AO22 of the Low Density Housing Code.


The site is also affected by the following overlays:-
    + Acid Sulfate Soils Overlay (Area 2); and
    + Landslide Hazard Overlay (Moderate Hazard Area)

However, the proposed new building work would not trigger assessment against the overlay codes
for the following reasons:-
     + it will not involve excavation of 100m³ or more of material at or below 5 metres AHD; and
     + it is not located in the part of the site that is a mapped landslide hazard area.

The proposed development has otherwise been assessed against the applicable benchmarks does
not raise any issues. The proposed development involves ‘like for like’ alterations an involves no
changes to the built parameters including height, setbacks and landscaped areas. A large area at the
rear of the site will be retained for landscaping purposes and includes large mature trees.

Conclusion

The above report demonstrates that the proposal involves a minor change under the Planning Act
2016 and appropriately responds to the provisions and intent of the Noosa Plan 2020. Overall, it
has adequately been demonstrated that the proposed changes comply with the performance and/or
overall outcomes of the relevant codes and will maintain a high level of residential amenity and a
building that complements the beachside character of the area. Consequently, the minor change
application should be supported.


Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to
the requested minor change to a development approval. Should you have any questions in relation
to the proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,




Marcus Brennan
B. Urb. Reg. Plan.