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Cover Letter_Lot 5
Council Ref: MCU21/0002 & OPW21/0015 6th July 2023 The Chief Executive Officer Noosa Shire Council [email protected] Dear Sir/Madam, RE: MINOR CHANGE TO DEVELOPMENT APPROVAL (FENCING) – MCU21/0002 & OPW21/0015 – 13 VISION COURT NOOSAVILLE QLD 4566 (LOT 5 SP295958) Please accept this application made on behalf of the Applicant, Karloo Constructions for a Minor Change to MCU21/0002 and OPW21/0015 for fencing erected along the front property boundary. 1) Minor Change Form (5) 2) Owners Consent 3) Proposed Change Plans by Building Suncoast Green For all queries relating to this application please contact Will Johnson on (07) 5448 8500 or [email protected] Kind Regards, Will Johnson Senior Planner BUrbDes&TownPlan(Hons) PIA. Building Suncoast Green building | design | town planning 6 Lorraine Avenue Marcoola Beach, QLD, 4573 07 5448 8500 [email protected] www.buildingsuncoastgreen.com.au
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Minor Change Background Information On the 16th of April 2021 Noosa Shire Council issued a Development Approval for a Material Change of Use for Low Impact Industry and associated Operational Work. The respective development works are complete. The completed works comprise a black powder coated fence and electric gate across the driveway which are located on the property boundary as per Figure 1 below. The erected fencing does not comply with Condition 15 of the Decision Notice which states: 15. Any fencing to the road frontage must be set back at least 1 meter from the street boundary and must have a minimum average setback of 2 metres to the street boundary. All land between the fence and the front property boundary must be densely landscaped. Figure 1 - Existing fence along property boundary. Buliding Suncoast Green building | design | town planning. QBCC Lic No 65942. FAICD
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Proposed Minor Change
The applicant requests a change to the Decision Notice to amend Condition 15 of the Decision Notice to permit the current
fencing on the road frontage boundary.
In considering the request attention is drawn to AO36 of Table 6.5.1.3 within the Low Impact Industry Zone Code, which states,
AO36 Fencing on any frontage is set back an average of 2 metres provided that no part of the fencing is within 1 meter of the
property boundary.
Currently the existing fencing is located on the road frontage property boundary contrary to AO36 and condition 15 and thus
relies on compliance with PO36, which states,
PO36 Security fencing is in keeping with the surrounding area and does not have an adverse impact upon the appearance of
the streetscape.
It has been observed that several properties along Vision Court comprise fencing along the road frontage property boundary.
Notably, 8 Vision Court (Directly over road), 3 Vision Court and 19 Venture Drive. To this end we consider the fencing on the
subject property to be in keeping with the surrounding area. Furthermore, the fencing constructed is well kept, defines the
property boundaries, provides essential security to the site after hours and does not have adverse impact on the appearance of
the streetscape as it is notably transparent.
The attached Site Plan indicates the location of the existing fencing in red.
Required Changes to Decision Notice
This application requires a change to the approved list of plans to the plans listed below in the amended table.
Sheet No. Rev. Plan/Document Name Date
01 B Cover Sheet, prepared by Building Suncoast Green -
02 BE Site/Floor Plan Level 1, prepared by Building Suncoast Green -
03 B Roof Plan Level 2, prepared by Building Suncoast Green -
04 B Sections, prepared by Building Suncoast Green -
05 B Elevations, prepared by Building Suncoast Green -
06 B Landscape Plan, prepared by Building Suncoast Green -
As annotated by Council
07 B Landscape Schedule, prepared by Building Suncoast Green -
As annotated by Council
The minor change requires changes to the following conditions.
Condition 15
Any fencing to the road frontage must be set back at least 1 meter from the street boundary and must have a minimum average
setback of 2 metres to the street boundary. All land between the fence and the front property boundary must be densely
landscaped.
Condition 15 suggested to be deleted or re-worded to reference existing 1.8m high black powder-coated fence and sliding gate
on the road frontage property boundary.
Buliding Suncoast Green building | design | town planning. QBCC Lic No 65942. FAICD
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Minor Change Assessment
The Planning Act 2016 defines a minor change as a change to the approval that;
(i) would not result in substantially different development;
In determining whether the proposed change would result in substantially different development, the assessment manager or
referral agency must consider the individual circumstances of the development, in the context of the change proposed.
A change may be considered to result in a substantially different development if the proposed change:
involves a new use; or The proposed change does not include a new use from what
has been approved for the site.
Results in the application applying to a new parcel of The proposed change applies to the same land parcel.
land; or
Dramatically changes the built form in terms of scale, No changes to the built form occur.
bulk and appearance; or
Changes the ability of the proposed development to No change incurred.
operate as intended; or
Removes a component that is integral to the operation of No change incurred.
the development; or
Significantly impacts on traffic flow and the transport No change incurred.
network, such as increasing traffic to the site; or
Introduces new impact or increased the severity of The proposed change does not increase the severity of
known impacts; or known impacts, nor does it introduce additional impacts.
Removes an incentive or offset component that would The proposed change does not remove an incentive or an
have balanced the negative impact of the development; offset.
or
Impacts on infrastructure provisions. The proposed change does not impact infrastructure
provisions.
(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 The change does not include any prohibited development.
application; or
(b) Referral to a referral agency, other than to the chief Not required.
executive, if there were no referral agencies for the
development, application; or
(c) Referral to extra referral agency, other than to the Not required.
chief executive, or
(d) a referral agency, in assessing the application under No additional triggers or aspects require referral assessment.
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
Buliding Suncoast Green building | design | town planning. QBCC Lic No 65942. FAICD
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against, or had regard to, when the application was
made; or
(e) public notification was not required for the Public notification was not required by original application.
development application
We have determined that the application can be accepted as a Minor Change to the development approval.
As a result of the change, we kindly ask the Assessment Manager to amend the Decision Notice as implied within this report,
including approval of new Site/ Floor Plan.
Buliding Suncoast Green building | design | town planning. QBCC Lic No 65942. FAICD