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210057 - Change Application · 51997.2334.01

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CHANGE APPLICATION
Change Application – Minor Change to Existing Approval


9 Allambi Rise, Noosa Heads QLD 4567

Lot 64 on RP52918

August 2021
Full text of the other 12 pages

Page 2

                                                                          Viva Property Group Pty Ltd
                                                                          Level M1
                                                                          88 Creek Street
                                                                          Brisbane Qld 4000

                                                                          T: 07 3831 5577
                                                                          E: [email protected]
                                                                          W: www.vivapropertygroup.com.au
Our Ref:     210057

Date:      2 August 2021


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

Via:       email ([email protected])

Dear Sir/Madam,

RE:        CHANGE APPLICATION – MINOR CHANGE TO EXISTING APPROVAL
           9 ALLAMBI RISE, NOOSA HEADS QLD 4567

We act on behalf of Heenalu Pty Ltd regarding a Request for a Minor Change to an existing
Development Approval for a Dwelling house over land at 9 Allambi Rise, Noosa Heads QLD 4567,
formally described as Lot 64 on RP52918.


REQUEST FOR MINOR CHANGE TO AN EXISTING APPROVAL

Pursuant to Sections 78 and 81 of the Planning Act 2016 (the Act), we request a Minor Change to the
existing development approval (12456 TP).

Background

On 13 January 1998, Council decided to approve the development, subject to conditions.

It is unknown whether the application required referral to any referral agencies as there is no mention
within the approval documents of such. Notwithstanding, a review of the proposed building works has
been undertaken against Schedule 10 of the Planning Regulation 2017 (the Regulation). It is noted that
the proposed building works would not trigger any referrals. As such, it is considered that there are no
affected entities for the application under Section 80 of the Act.

It is also unknown whether the application required Public Notification as the approval documents make
no reference to Public Notification and the historical Planning Scheme that was in force at the time of
the application assessment is not available on Council’s website. It is also unknown whether there were
any submissions made in relation to the original approval.




           Viva Property Group Pty Ltd | ABN 28 161 458 822                                             1

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Changes to the Existing Approval

This proposed development is for extensions to the existing Dwelling house on site which will include
an extension to the existing sun deck, a new roof over the existing BBQ deck, a new louvred roof over
the existing lower deck area, and new balustrading, walls and privacy screens.

For Council’s ease of reference, and to provide context to the proposal, the existing and proposed
development is depicted in Figure 1 and Figure 2 below.




FIGURE 1 EXISTING DEVELOPMENT




FIGURE 2 PROPOSED DEVELOPMENT




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It is considered that the proposed development is an appropriate development outcome for the site
and poses no issues of concern.

An assessment of the key planning considerations is provided following.

Drone Footage (Demonstrating the Height of Existing Vegetation on Site and the Extreme Adverse
Impacts on the Applicant’s Visual Privacy)

Drone Footage is provided in support of this application and clearly demonstrates that the proposed
extensions are smaller in scale than the existing vegetation on site in accordance with the relevant
assessment benchmarks in the Environmental management and conservation zone code.

The drone footage also clearly highlights the requirement for the proposed privacy screens and wall
due to the exposure of the more recently built neighbouring house’s (7 Allambi Rise) pool / terrace and
balcony areas which result in an extreme adverse impact on the visual privacy of both the applicants
and the adjoining residents.

Due to the exposed nature of the adjoining property’s private open space areas, the applicants are
subject to direct overlooking into their own private open space area. It should also be noted that the
opposite is true, in that the applicants are able to directly overlook into the adjoining property’s exposed
private open space areas; resulting in unacceptable adverse amenity impacts in terms of the visual
privacy of both the applicants and the adjoining residents.

The proposed development is intended to reinstate an appropriate level of screening in order to provide
visual privacy for the applicants and the adjoining residents to a level that is reasonably expected within
the Low density residential zone whilst not restricting views or aspect from neighbouring properties.
The proposed screening will allow the applicants and adjoining residents to effectively use their private
open space areas as intended.

Drawing A004 within the Proposal Plans also highlights the exposure of the private open space areas of
both dwellings which results in the requirement for privacy screens and wall to mitigate the current
extreme adverse impacts on the applicant’s and the neighbour’s visual privacy.

Overlays

The subject site is mapped within the Moderate Hazard Area of the Landslide Hazard Overlay.

The purpose of the Landslide Hazard overlay code is to ensure:

          Development avoids or mitigates the potential adverse impacts of landslide hazard on
           people, property, community, economic activity and the environment; and
          Development on steep land is avoided or limited in scale and intensity and is sensitively
           located and designed to minimise adverse impacts on landscape character, scenic amenity,
           environment and public safety.

In accordance with Table 5.9.8, building work for an existing Dwelling house does not trigger assessment
against the Landslide Hazard Overlay Code. No further assessment is required.




    210093 | Change Application – Minor Change to Existing Approval                                      3

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Local Plan

The subject site is mapped as being within the Noosa Heads Local Plan area.

The proposed development does not trigger assessment against the Noosa Heads Local Plan Code.

No further assessment is required.

Zoning

The subject site is mapped as being within the Low density residential zone and the Environmental
management and conservation zone.

Under the current Planning Scheme requirements, it is noted that the proposed works are Accepted
development subject to requirements within the Low density residential zone. It is considered that the
proposed development generally complies with the requirements of the zone code. A full assessment
is provided within Attachment 2 and additional discussion is provided in subsequent sections of this
report.

It is also noted that the proposed development will extend into the part of the site that is mapped as
being within the Environmental management and conservation zone. Building work not associated with
a Material Change of Use is Code assessable development within the zone.

The purpose of the Environmental management and conservation zone is to provide for the protection
and maintenance of areas that support one or more of the following:

         Biological diversity;
         Ecological integrity;
         Naturally occurring landforms; or
         Coastal processes.

It is considered that the proposed development will not have any adverse impact on any biological or
ecological values, naturally occurring landforms or coastal processes.

Specifically, it is noted that:

         The site is not mapped as being within a biodiversity area;
         The proposal will not result in the loss of, or damage to, existing vegetation on site;
         The proposal is for above ground building works only and, therefore, will not have any impact
          on naturally occurring landforms or coastal processes; and
         The new building works encroach within the Environmental management and conservation
          zone by a comparable amount as do the existing decks and, therefore, there will not be any
          additional impacts as compared to existing development on site.




    210093 | Change Application – Minor Change to Existing Approval                                 4

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It is considered that the proposed development generally complies with the requirements of the zone
code. A full assessment is provided within Attachment 2 and additional discussion is provided in
subsequent sections of this report.

Building Height

It is noted that AO7 of the Environmental management and conservation zone code seeks to ensure that
development does not exceed 4m in building height. However, it is noted that only the rear portion of
the site is mapped within the zone, and it is considered that the zone code provisions are intended to
apply to premises that are located wholly within the zone.

The rear portion of the site that is located within the EMC zone does not adjoin an open space or
conservation area and is not mapped within a biodiversity, wetlands, coastal protection or buffer area.
The portion of the site mapped within the EMC zone adjoins other Low density residential zoned land
to the rear. Further, it is noted that the existing development approval over the site was for a dwelling
in a sand dune problem area.

Given the above factors, it is clearly evident that the rear portion of the site has been mapped within
the EMC zone with the intent of protecting the naturally occurring landforms and any coastal processes
on the site, rather than for the purpose of mitigating any visual impacts from bulk, scale or building
height. As such, it is considered that the Acceptable outcome for building height within the zone (4m)
is not reasonably applied in the context of the site.

Further to the above, it is noted that the new sundeck is proposed to be constructed over the existing
roof structure that extends from the kitchen. As such, the proposed sundeck does not represent an
increase in building height within the EMC zone and does not represent an additional encroachment
within the EMC zone. The proposed sundeck merely makes use of the existing roof structure in order to
improve amenity for residents by utilising the existing roof structure as functional private open space.
Please refer to Figure 3 for a pictorial representation of the above. It is noted that privacy screening can
be provided on the interface between the proposed new sundeck and 11 Allambi Rise; if deemed
required by Council in order to mitigate any impacts on visual privacy.

It is also noted that existing vegetation will not be removed or damaged as a result of the proposed
development, and the works are for above ground works only that will not involve any works at ground
level that may interfere with naturally occurring landforms or coastal processes.

With regard to the new louvred roof to the existing deck within the EMC zone, it is again noted that the
new works will not exceed the height of the existing roof structure that extends from the kitchen into
the EMC zone. The proposed new roof only marginally encroaches into the EMC zone and is proposed
in order to provide weather protection and amenity for residents. This is demonstrated in Figure 3 below.




    210093 | Change Application – Minor Change to Existing Approval                                      5

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FIGURE 3 PROPOSED SUNDECK AND NEW ROOF IN EMC ZONE DO NOT INTRODUCE NEW
IMPACTS

Notwithstanding the above, a full assessment of the proposed development against PO7 of the EMC
zone code is provided within Table 1 below.

TABLE 1 PERFORMANCE OUTCOME – BUILDING HEIGHT IN THE EMC ZONE


 Performance Outcome                                       Response

 Environmental Management and Conservation Zone Code

 PO7                                                       Complies
 Buildings and structures—




   210093 | Change Application – Minor Change to Existing Approval                          6

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 Performance Outcome                                          Response
                                                              It is considered that the proposed development
                                                              complies with the Performance outcome in the
                                                              following ways:

 a) are low rise, and have a maximum building                 Not applicable.
       height of 1 storey;                                    The proposed development is for extensions to
                                                              an existing dwelling and will not result in an
                                                              additional storey.

 b) have a minimal footprint on the land;                     Not applicable.
                                                              The proposed development is for above ground
                                                              extensions to an existing dwelling and will not
                                                              have any impact on the land. The proposed
                                                              development will only marginally change the
                                                              existing building footprint.

 c)    do not visually dominate the site or                   The proposed extensions are small-scale in
       surrounding spaces; and                                nature and are located substantially below the
                                                              existing building height on site.
                                                              The extensions are minor and will not have any
                                                              impact in terms of visually dominating the site
                                                              or surrounding spaces.
                                                              The extensions will convert and existing roof
                                                              structure into a deck, and will provide small-
                                                              scale additional roofing and privacy screens.
                                                              No other works are proposed.

 d) are low set and of a smaller scale to the                 The proposed extensions do not result in an
       prevailing vegetation around them.                     increase in building height within the EMC zone
                                                              and are of a smaller scale than the existing
                                                              vegetation on site.
                                                              Please refer to the proposal plans and the drone
                                                              footage which demonstrate the height of the
                                                              existing vegetation on site.


It is noted that AO7 of the Low density residential zone code seeks to ensure that development does not
exceed 8m in building height.

Importantly, it is noted that the proposed sundeck will be of compliant building height.
Notwithstanding, it is acknowledged that the new privacy screens and wall will exceed 8m in building
height.

However, and as noted in the following section, the proposed privacy screens and wall are required in
order to mitigate the current extreme adverse impacts on the applicant’s visual privacy.




      210093 | Change Application – Minor Change to Existing Approval                                           7

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Further, it is noted that the proposed privacy screens and wall are substantially smaller in scale and
substantially lower in building height than the existing development on site. The proposed extensions
are integrated into the existing dwelling and do not result in an increase in GFA, perceived bulk and
scale, or building height.

Notwithstanding the above, a full assessment of the proposed development against PO7 of the LDR
zone code is provided within Table 2 below.

TABLE 2 PERFORMANCE OUTCOME – BUILDING HEIGHT IN THE LDR ZONE


 Performance Outcome                                          Response

 Environmental Management and Conservation Zone Code

 PO7                                                          Complies
 Buildings and structures—                                    It is considered that the proposed development
                                                              complies with the Performance outcome in the
                                                              following ways:

 a) are low rise and present a building height                The proposed extensions are also located
       consistent with structures on adjoining and            predominantly within the existing development
       surrounding premises and with the                      footprint on site and do not result in an increase
       predominant character of the area;                     in building height.
                                                              The proposed extensions are well below the
                                                              existing maximum building height on site.
                                                              The proposed extensions are lower in building
                                                              height than the adjoining Dwelling house and
                                                              are consistent with the predominant character
                                                              of the area.
                                                              Please refer to the drone footage which
                                                              demonstrates that the proposed extensions are
                                                              lower in building height than the adjoining
                                                              development.

 b) are designed to provide an interesting                    The proposed extensions are located to the rear
       streetscape and complement landform                    of the existing Dwelling house and will not be
       changes;                                               visible from the streetscape.
                                                              The proposed extensions are above ground
                                                              extensions and do not have any impact on
                                                              landform changes.

 c)    do not visually dominate the street or                 The proposed extensions are located at the rear
       surrounding area                                       of the site and will not dominate the street.
                                                              The proposed extensions are also located
                                                              predominantly within the existing development
                                                              footprint on site and do not result in an increase




      210093 | Change Application – Minor Change to Existing Approval                                          8

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 Performance Outcome                                          Response
                                                              in building height. The proposed extensions are
                                                              subordinate to the existing dwelling on site.
                                                              As such, the proposal will not visually dominate
                                                              the street or surrounding area.

 d) respect the scale of surrounding vegetation               The proposed extensions are smaller in scale
       and maintain a vegetated skyline;                      than the existing vegetation on site and,
                                                              therefore, maintain a vegetated skyline.
                                                              Please refer to the elevation drawings and the
                                                              drone footage for further details.

 e) do not unreasonably obscure views or lead                 The proposed extensions are located
       to overshadowing of neighbouring                       predominantly within the existing development
       properties; and                                        footprint on site and do not result in an increase
                                                              in building height.
                                                              As such, it is considered that the proposal will
                                                              not obscure views or lead to overshadowing of
                                                              neighbouring properties.
                                                              The proposed development has been carefully
                                                              designed to reinstate a level a screening to
                                                              provide privacy while not restricting views or
                                                              aspect from neighbouring properties.

 f)    do not exceed two storeys.                             The proposed development does not result in
                                                              the addition of any storeys to the existing
                                                              Dwelling house on site.


Minor Changes under the Planning Act 2016

It is considered that the changes to the existing development approval as outlined above meet the
assessment benchmark for a minor change to a development approval in accordance with Schedule 2
of the Act. Specifically, the proposed changes:

      (i) Would not result in a substantially different development – The proposed changes to the
          design as described above do not result in a substantially different development. Specifically, it
          is noted that the changes do not include any of the changes outlined in Schedule 1(4) of the
          Development Assessment Rules. As such, and as demonstrated below, the proposed changes
          are not considered to result in a substantially different development:

          a.   Involves a new use – The proposed changes will not result in a new use. The development
               will still function as per the existing approval.

          b.   Results in the application applying to a new parcel of land – The proposed changes to
               the existing approval do not apply over a new parcel of land.




      210093 | Change Application – Minor Change to Existing Approval                                            9

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    c.   Dramatically changes the built form in terms of scale, bulk and appearance – The
         proposed changes to the existing approval will not dramatically change the built form in
         terms of scale, bulk and appearance.

         The proposed extensions are small-scale in nature, are located predominantly within the
         existing development footprint on site, and do not result in an increase in building height.
         The proposed extensions are clearly subordinate to the existing dwelling on site.

         For all intents and purposes, the proposed extensions will not be materially different to the
         existing built form when viewed from the public realm or adjoining premises.

         Please refer to Drawing A003 within the Proposal Plans (Attachment 1) for further details.

    d.   Changes the ability of the proposed development to operate as intended – The
         proposed changes to the existing approval are not considered to change the ability of the
         development to operate as intended.

    e.   Removes a component that is integral to the operation of the development – The
         proposed changes will not result in the removal of any 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 – The proposed changes to the existing approval will not have any impact
         on traffic flow and the transport network.

    g.   Introduces new impacts or increase the severity of known impacts – The proposed
         changes to the existing approval will not introduce any new impacts or increase the severity
         of known impacts.

         The proposed extensions are wholly above ground and will not have any impact on any
         ecological values of the site.

         The proposed extensions are located well below the existing building height on site, are
         located predominantly within the existing building footprint, and will provide compliant
         setbacks. As such, there will not be any adverse impacts on adjoining residents.

         The proposed development will significantly reduce the severity of the known visual privacy
         impacts on the applicants that are as a result of the exposure of the more recently built
         neighbouring house’s (7 Allambi Rise) pool / terrace and balcony areas. The reduction in
         the severity of the known impact will allow the residents to effectively use the private open
         space area as intended.

    h.   Removes an incentive or offset component that would have balanced a negative
         impact of the development – The proposed changes to the existing approval do not
         remove an incentive or offset component that would have balanced a negative impact of
         the development.




210093 | Change Application – Minor Change to Existing Approval                                   10

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        i.   Impacts on infrastructure provisions – The proposed changes to the existing approval
             will not result in any additional impacts on infrastructure provisions. The intensity or density
             of the existing development will not be increased.

    (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 to
             the existing approval would not result in the inclusion of prohibited development.

        (B) Referral to a referral agency, other than to the chief executive, if there were no referral
             agencies for the development application – It is unknown whether the existing approval
             required referral to a referral agency. However, it is noted that the proposed changes to the
             existing approval would not result in a requirement for any referrals to a referral agency,
             other than to the chief executive, if there were not referral agencies for the development
             application.

        (C) Referral to extra referral agencies, other than the chief executive – The proposed
             changes to the existing approval would not result in the development triggering referral to
             any additional referral agencies.

        (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 would not require a referral agency to
             have to assess the application against any additional matters.

        (E) Public notification if public notification was not required for the development
             application – It is unknown whether the application required Public Notification as the
             approval documents make no reference to Public Notification and the historical Planning
             Scheme that was in force at the time of the application assessment is not available on
             Council’s website. It is considered that the proposed changes would not change the level
             of assessment of the application and, therefore, would not require public notification if
             public notification was not required for the development application.

Given the above assessment, it is considered that the proposed changes meet the assessment
benchmark for a minor change to a development approval as defined in the Act.

Referrals

It is unknown whether the application required referral any referral agencies as there is no mention
within the approval documents of such. Notwithstanding, a review of the proposed building works has
been undertaken against Schedule 10 of the Planning Regulation 2017 (the Regulation). It is noted that
the proposed building works would not trigger any referrals. As such, it is considered that there are no
affected entities for the application under Section 80 of the Act.




    210093 | Change Application – Minor Change to Existing Approval                                      11

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Recommended Amendments to Approval Documentation

Approved Drawings and Documents

It is recommended that the approved drawings and documents be updated to reflect the Proposal Plans
provided as Attachment 1.

Conditions

A review of the Conditions attached to the existing development approval has been undertaken. No
changes to the existing Conditions of Approval are recommended.

It is acknowledged that Council may decide to apply additional conditions.

Conclusion
In summary, the proposed changes are considered to satisfy the relevant provisions of the Act relating
to a minor change to the existing approval.

Council endorsement of the proposed changes is therefore recommended.


SUPPORTING INFORMATION
The following supporting documentation is attached for your consideration:

          Attachment 1 – Proposal Plans;

          Attachment 2 – Code Responses; and

          Attachment 3 – Drone Footage.

We trust this information is sufficient for your purposes. Should you require any further details or wish
to discuss these matters, please contact the undersigned or Jason King on (07) 3831 5577.

Yours faithfully,




James Stott

Director




    210093 | Change Application – Minor Change to Existing Approval                                  12

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