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Minor Change and OPW Application

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                                                                  DANYA COOK TOWN PLANNING
                                                                  M: 0422 051 263      E: [email protected]
                                                                                    ABN: 65 945 966 479 | DANYA ELIZABETH COOK

                                                                                                                   18 April 2024



The Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN           QLD         4565

Correspondence Sent Via Email: [email protected]

Attention: Development Assessment

Dear Sir / Madam,

               APPLICATION FOR REQUEST FOR MINOR CHANGE TO AN EXISTING DEVELOPMENT APPROVAL
                               AND DEVELOPMENT PERMIT FOR OPERATIONAL WORK

Property Description:                     Lot 31 on SP335379
Property Address:                         13 Little Creek Road, Cooroibah QLD 4565
Proposed Development:                     Application for a Request for Minor Change to an Existing Development Approval -
                                          Development Permit for Reconfiguration of a Lot by Rural Residential Subdivision
                                          (1 Lot into 2 Lot) – Changes to Approved Building Envelope and Development Permit
                                          for Operational Work - Earthworks (Excavation and Filling, and Access Driveway)
Local Government:                         Noosa Council
Council’s Reference:                      RAL21/0015
DC Town Planning Reference:               2024-05
On Behalf Of:                             Melissa Lord and Riley Lee

1.0        PREAMBLE

In relation to the abovementioned Development Approval RAL21/0015 originally granted by Council on the 9 March 2022,
on behalf of Melissa Lord and Riley Lee, I hereby make a change application pursuant to Section 78 of the Planning Act 2016.

Furthermore, an application for a Development Permit for Operational Work - Earthworks (Excavation and Filling, and Access
Driveway) is required.

In support of this application, please find attached:

•     DA Form 5 - Change Application Form.
•     DA Form 1 – Development Application Details.
•     Landowner’s Consent.

Payment of Council’s prescribed assessment fee for an application of this nature will be settled upon receipt of Council’s
invoice and reference number.

2.0        APPLICATION FOR REQUEST FOR MINOR CHANGE TO AN EXISTING DEVELOPMENT APPROVAL

Approval History

On the 9 March 2022, Council issued approval for a Development Permit for Reconfiguration of a Lot by Rural Residential
Subdivision (1 Lot into 2 Lot), Council’s Reference: RAL21/0015.




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Application for Request for Minor Change and Development Permit for Operational Work                                   April 2024
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                                                                  DANYA COOK TOWN PLANNING


Proposed Change

The application for a Request for Minor Change to an Existing Development Approval seeks change to the approved building
envelope; the location demonstrated at Figure 1 below.




Figure 1: Approved Building Envelope (Source: Council’s Decision Notice, Council’s Reference: RAL21/0015)


The applicant’s wish to establish a small Dwelling House and shed within the south western portion of the site. The future
intent is to reclassify the small Dwelling House to a Secondary Dwelling and build a large main primary Dwelling House to the
west of the reclassified Secondary Dwelling. The location of the proposed structures is illustrated at Figure 2 below.

The proposed small Dwelling House (later to be reclassified as a Secondary Dwelling), features an open plan kitchen, dining
and living area, that flows onto a roofed deck, one (1) bedroom, separate bedroom, and storage space. The internal living
space features a gross floor area of 51.5m2 and a roofed deck of 1.7m2, equalling a total area of 53.2m2. In this regard, please
refer to the Design Plans prepared by Saltair Modular Pty Ltd included at Appendix A.

It is noted that the laundry will be established within the shed, and that the larger Dwelling House (to be classified as the
main primary residence) will be established on-site in the future at such time that funds permit.

In support of the proposed building works, the applicants have unknowingly undertaken unlawful earthworks (excavation
and filling) on-site, without realising that an approval for a Development Permit for Operational Work was required. The
Engineering Plans prepared by BAX Engineering Pty Ltd included at Appendix B, demonstrate the extent of on-site
earthworks, which is discussed at Section 3.0 below.




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Application for Request for Minor Change and Development Permit for Operational Work                                  April 2024

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                                                                  DANYA COOK TOWN PLANNING




Figure 2: Proposed Site Layout (Source: Engineering Plans prepared by BAX Engineering Pty Ltd)


Change to Approval Description

•   Development Permit for Reconfiguring a Lot - Rural Residential.

Change to the approval description is not required in support of the application for a Request for Minor Change to an Existing
Development Approval.

Change to Conditions of Approval

Following a detailed review of Development Approval RAL21/0015, comment with respect to Condition 3 and 4 is made
below.

Amended Plans

3. Prior to endorsement of the Plan of Survey by Council, a metes and bounds plan shall be submitted to Council indicating
   the following:
   (i) Plan of Proposed Reconfiguration of Lot 3 on RP2311638 prepared by Max Waterson and Associates, Dwg 21-5409AA
   Rev 1 dated 29-11-21: A building envelope is to be shown for proposed Lot 31 and is to be located in the south west corner
   of the proposed lot and outside of the 1% AEP (2100 climate) flood inundation extent. The building envelope is to be
   contiguous with land which is free from inundation in the PMF event.
   (ii) Driverway (sic) 2 Details Plan prepared by BAX Engineering, Dwg 194-001-301 Rev A dated 10/11/21: Amended note
   for proposed driveway on Lot 31 to identify that driveway levels, apart from a culvert crossing, are to be at or below
   existing surface levels so as not to impede flood flows across the site.



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Application for Request for Minor Change and Development Permit for Operational Work                                April 2024

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                                                                  DANYA COOK TOWN PLANNING


Comment

This application seeks approval for a Development Permit for Operational Work - Earthworks (Excavation and Filling, and
Access Driveway), to ensure that the building envelope is contiguous with land that is free from inundation in the PMF event.
Compensatory cut and fill can be undertaken on-site to accommodate a compliant building envelope.

Future Development

4. Any future dwelling constructed within proposed Lot 31 is to be located inside the Building Envelope show on the approved
   plans (as amended) and is to have a minimum finished floor level of 15.2AHD.

Comment

Changes to the approved building envelope at Lot 31 is required to support the siting and design of the proposed and future
on-site structures.

Plan of Development

The below plans are relevant to the application for a Request for Minor Change to an Existing Development Approval.

 Design Plans
 Plan Title                                        Plan Number                Rev      Date         Prepared by
 Cover Page                                        A01                        E2       20.06.2023   Saltair Modular Pty Ltd
 Site Plan                                         A02                        E2       20.06.2023   Saltair Modular Pty Ltd
 Floor Plan                                        A03                        E2       20.06.2023   Saltair Modular Pty Ltd
 Door and Window Schedule                          A04                        E2       20.06.2023   Saltair Modular Pty Ltd
 Elevations (1)                                    A05                        E2       20.06.2023   Saltair Modular Pty Ltd
 Elevations (2)                                    A06                        E2       20.06.2023   Saltair Modular Pty Ltd
 Lighting and Electrical Plan                      A07                        E2       20.06.2023   Saltair Modular Pty Ltd
 Internal Elevations 1                             A08                        E2       20.06.2023   Saltair Modular Pty Ltd
 Internal Elevations 2                             A09                        E2       20.06.2023   Saltair Modular Pty Ltd
 Typical Section                                   A10                        E2       20.06.2023   Saltair Modular Pty Ltd
 Post / Footing Site Setout                        A11                        E2       20.06.2023   Saltair Modular Pty Ltd
 Wall Frame Setout Plan                            A12                        E2       20.06.2023   Saltair Modular Pty Ltd
 Roof Plan                                         A13                        E2       20.06.2023   Saltair Modular Pty Ltd
 General Details                                   A14                        E2       20.06.2023   Saltair Modular Pty Ltd

 Engineering Plans
 Plan Title                                        Plan Number                Rev      Date         Prepared by
 Cover Sheet                                       335-001-001                A        11.04.2023   BAX Engineering Pty Ltd
 General Notes                                     335-001-002                A        11.04.2023   BAX Engineering Pty Ltd
 Site Layout Plan                                  335-001-100                A        11.04.2023   BAX Engineering Pty Ltd
 Earthworks Layout Plan                            335-001-200                A        11.04.2023   BAX Engineering Pty Ltd
 Earthworks Sections                               335-001-201                A        11.04.2023   BAX Engineering Pty Ltd
 Sediment and Erosion Control Plan                 335-001-250                A        11.04.2023   BAX Engineering Pty Ltd
 Sediment and Erosion Details, Sheet 1 of 3        335-001-251                A        11.04.2023   BAX Engineering Pty Ltd
 Sediment and Erosion Details, Sheet 2 of 3        335-001-252                A        11.04.2023   BAX Engineering Pty Ltd
 Sediment and Erosion Details, Sheet 3 of 3        335-001-253                A        11.04.2023   BAX Engineering Pty Ltd
 Site Works and Drainage Layout Plan               335-001-300                A        11.04.2023   BAX Engineering Pty Ltd
 Driveway Longitudinal Section                     335-001-310                A        11.04.2023   BAX Engineering Pty Ltd
 Driveway Cross Sections, Sheet 1 of 3             335-001-320                A        11.04.2023   BAX Engineering Pty Ltd
 Driveway Cross Sections, Sheet 2 of 3             335-001-321                A        11.04.2023   BAX Engineering Pty Ltd
 Driveway Cross Sections, Sheet 3 of 3             335-001-222                A        11.04.2023   BAX Engineering Pty Ltd
 Swept Layout Plan, Sheet 1 of 3                   335-001-700                A        11.04.2023   BAX Engineering Pty Ltd

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Application for Request for Minor Change and Development Permit for Operational Work                                 April 2024

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                                                                  DANYA COOK TOWN PLANNING


    Swept Layout Plan, Sheet 2 of 3                335-001-701                A        11.04.2023   BAX Engineering Pty Ltd
    Swept Layout Plan, Sheet 3 of 3                335-001-702                A        11.04.2023   BAX Engineering Pty Ltd

Change to Infrastructure Charges Notice

Considering the proposed change does not result in an increase in lot yield or a material change of use to the land, additional
infrastructure charges are not applicable. As such, change to the Infrastructure Changes Notice is not required.

Affected Entities

There are no affected entities for the development.

Consistency Assessment

In accordance with Section 81(3) of the Planning Act 2016, the responsible entity:

(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 original application was approved by Council on the 9 March 2022, in accordance with the current Noosa Plan 2020 (25
September 2020). The proposed change has considered the current Planning Scheme, in particular, the Flood Hazard Overlay
Code and Biodiversity, Waterways and Wetlands Overlay Code.

It is acknowledged that a portion of the amended building envelope is located within the Flood Hazard Overlay, however,
compensatory earthworks can be undertaken on-site to ensure the building envelope is contiguous with land that is free
from inundation in the PMF event.

Furthermore, the unlawful fill imported on-site will be removed from the Biodiversity, Waterways and Wetlands Overlay
area.

Statutory Assessment

This assessment finds that the proposal constitutes a Minor Change in accordance with Section 78 and Section 81 of the
Planning Act 2016, as follows:

•     The change does not result in a substantially different development, as the change does not:
      (a) Involve a new use.
      (b) Result in the application applying to a new parcel of land.
      (c) Dramatically change the built form in terms of scale, bulk, and appearance.
      (d) Change the ability of the proposed development to operate as intended.
      (e) Remove a component that is integral to the operation of the development.
      (f) Significantly impact on traffic flow and the transport network, such as increasing traffic to the site.
      (g) Introduce new impacts or increase the severity of known impacts.
      (h) Remove an incentive or offset component that would have balanced a negative impact of the development.
      (i)   Impact on infrastructure provisions.
•     The change will not cause the approval to include prohibited development.
•     The change does not trigger referral to a referral agency, other than to the chief executive.
•     The change does not trigger referral to extra referral agencies, other than to the chief executive.
•     The change does not trigger 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 change does not trigger public notification, noting the original application was not subject to public notification.

On this basis, the application is considered to follow a lawful process in making a request in accordance with Section 78 and
Section 81 of the Planning Act 2016.

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Application for Request for Minor Change and Development Permit for Operational Work                                 April 2024

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                                                                  DANYA COOK TOWN PLANNING


3.0        APPLICATION FOR A DEVELOPMENT PERMIT FOR OPERATIONAL WORK

Overview of Proposal

This application seeks an approval for a Development Permit for Operational Work - Earthworks (Excavation and Filling, and
Access Driveway) in support of the proposed building envelope and access driveway.

The extent of the proposed earthworks is demonstrated by the Engineering Plans prepared by BAX Engineering Pty Ltd
included at Appendix C.

Noosa Plan 2020

Level of Assessment and Assessment Benchmarks (Codes)

In accordance with Part 5 – Tables of Assessment, Section 5.8 – Categories of Development and Assessment – Operational
Work, Table 5.8.3 - Operational Work - Excavation or Filling of the Noosa Plan 2020, the proposed earthworks is Code
Assessable.

The Assessment Benchmark (Codes) applicable to a development of this nature are as follows:

•     Earthworks Code.
•     Water Quality and Drainage Code.

By way of response to the applicable codes, please refer to the Engineering Plans included at Appendix C.

The Engineering Plans have been prepared in accordance with the Flood Information Certificate, a copy of which is included
at Appendix D.

It is acknowledged that a portion of the proposed building envelope is located within the Flood Hazard Overlay, however,
compensatory earthworks can be undertaken to ensure the building envelope is contiguous with land that is free from
inundation in the PMF event.

4.0        SUMMARY

This application seeks change to Development Approval RAL21/0015. The assessment of the proposed change in accordance
with the Minor Change provisions of the Planning Act 2016 determines the change is minor in nature and complies with the
relevant provisions of the Act. Accordingly, I respectfully request that Council proceed to issue a Minor Change approval
supporting the proposed change in full.

Furthermore, the application for a Development Permit for Operational Work Earthworks (Excavation and Filling, and Access
Driveway) is required in conjunction with the proposed Minor Change to seek approval for the required earthworks.

Should Council have any questions with respect to the above, please do not hesitate to contact me.

Kind regards,




Danya Cook B.Urb.Reg.Plan
Director / Principal Town Planner

M: 0422 051 263
E: [email protected]

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Application for Request for Minor Change and Development Permit for Operational Work                             April 2024

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