Minor Change Request report · 51983.3225.18

Page 2

Figure 2 - Site Plan




Figure 3 - Sheraton Service Road elevation


[OCR of page images]
ww

 

 

 

 

 

 

 

 

 

 

 

 

PIVOTAL
‘ - 7
L crus
e * :
amt Adjhning Building :
P under construction, ae
Frome locaton shor
* | -_
a:
am | \ . o
.
| Poved area’ a
| = —
€ os |
: x
By cio
( 7 mn My
Pe
| a 16
4 } GTPIIS4 cm
‘ ad } 105 m2 Title oa
Bd / *
gy t / J
”
é
d

 

: ‘e
Siang gota i ta ex, >
"Sidiag gate. oF
} ’
| gs ~
&

; [ ~

1 Pe. =

ms:

 

 

MS:

 

   

lo f
. 15
2 | omiise
% =
ws ~
“ee
xu

 

q wt py,
Se RASTRUCTURE Stef oe “FFL 283
IN THIS VICINITY PLOTTED FROM

Figure 2 - Site Plan

 

Figure 3 - Sheraton Service Road elevation

Page 3

Figure 4 - Internal facing elevation.

The rebuild considers privacy and shading to the neighbouring properties with strategic
orientation, the placement of windows, doors and screening devices. The development
uses a variety of natural external materials including timber and stone. Elevations consist
of vertical and horizontal elements and colours that blend with the natural environment.
Planters provide a natural green ‘feel’ to the building, complement the natural tones, and
help with thermal control of the building. Good separation between neighbouring dwellings
is provided combined with the thoughtful placement of windows and doors maintain and
improve existing amenity enjoyed by the other dwelling users. The proposal includes the
following key features:
     •   4 storeys;
     •   Site cover of 70m² (existing = 45m2, net increase of 25m²)
     •   Gross floor area of 210m² (existing = 53m2, net increase of 157m²);
     •   3 bedrooms and 3 bathrooms;
     •   Ground level (level 1) – entry foyer, garaging for 2 vehicles and laundry;
     •   Level 2 – 2 bedrooms and 2 bathrooms;
     •   Level 3 – master bedroom and ensuite;
     •   Level 3 – kitchen and living;
     •   Roof terrace and roof garden.

Page 4

Background
The existing development was originally approved by Council in October 1983 (TPC1632 –
25 Bungalow Style 2 bedroom Units & 8 Shops – Group Title). A restaurant was subsequently
approved on the site in December 2000 along the Hastings Street frontage (18478DA). The
units are used for short term accommodation, rather than for permanent occupation.
A change to the development approval to enclose the manager’s residence car space into
an office was approved June 2006.
In June 2011, plans to enclose 8m² of the lower level of unit 7 were considered ’generally in
accordance’ with the existing approval.
On 11 November 2014, Council approved to enclose an additional 5.75m² of gross floor area
of the ground floor of unit 22.
On 12 October 2015, Council approved a change to an existing approval to enclose the
carport of unit 11 (13.3m2 to be enclosed).
On 17 March 2016, Council approved a change to an existing approval to enclose the
carports of units 14 and 25 (an additional 14m2 per unit).
On 12 May 2016, Council approved a change to an existing approval for the redevelopment
of Unit 15 of that sought to the replace the existing dwelling unit on site with a new dwelling
unit with an increase of gross floor area of 67m2, to include a roof top terrace (4 storeys) and
pool.
On 29 March 2017, Council approved a change to an existing approval to enclose part of the
car port of unit 20 by 20.5m2. This change did not approve a space capable of being a
bedroom as this was not applied for. The plans annotated to remove a wall.
On 5 April 2017, Council approved a change to an existing approval to enclose part of the
car port of unit 20 by 8.554m2 of gross floor area and reconfigure (change to internal layout)
level 1 and 2.
On 1 August 2017, Council approved a change to an existing approval to enclose part of the
car port to create a room capable of being a bedroom of Unit 20.
On 1 August 2017, Council approved a change to an existing approval to partially enclose
under the existing unit and to reconfigure the second floor relating to unit 5.
On 17 April 2018, Council approved a change to an existing approval to partially enclose the
subfloor area of Unit 21 to provide a covered entry and storeroom area, an expanded
bathroom/laundry and to enclose underneath the existing upper level deck, resulting in an
additional 18m2 of gross floor area.
On 19 November 2020 Council approved a change to an existing approval for an extension
to Unit 17 resulting in an additional 90.69m2 of gross floor area to extend all levels and include
an additional storey
On 30 June 2020, Council approved a change to the existing approval for an extension to
Unit 19. The approval consisted of an additional increase in floor area by 68.4m² to a total
GFA for the unit of 151m². The approval also permitted the development to change from a 3
storey to a 4 storey building.
On 21 October 2021, Council approved an Other change to the exiting approval for the
redevelopment of Lots 9 & 10 that had previously been amalgamated. The redevelopment
consisted of existing villas to be removed and replaced with one building. This resulted in
additional site cover of 33.6m2 and GFA of 44m2.
On 1 August 2022, Council approved a change to the existing approval to include a lift to a
previous change approval.
There are 2 current live minor change applications as indicated on Councils Planning Online
portal, 51983.3225.16 and 51983.3225.17.

Page 5

Minor Change Test
An assessment against the meaning of minor change and a response about the proposed
application is provided below. The Planning Act 2016 defines a minor change as a change
to the approval that:


 i. would not result in a 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.)
 Schedule 1 of the Development Assessment Rules set outs provisions for a substantially
 different development. A change may be considered to result in a substantially different
 development if the proposed change results in any of the following outlined in Table 1
 below.
 Table 1 - Substantially different development


    Provisions of Schedule 1 of the DA Rules        Response

       (a) Involves a new use                       There are no new uses proposed
                                                    onsite.

       (b) results in the application applying to   No new parcel of land is introduced.
           a new parcel of land; or
       (c) dramatically changes the built form      The built form and appearance are
           in terms of scale, bulk and              changing, but the scale is not
           appearance; or                           dramatically different. There is a small
                                                    net increase to site cover of less than
                                                    0.5% (overall) and 157m² of GFA, a
                                                    small increase overall considering the
                                                    site has a maximum GFA of 5,680m²
                                                    and this proposal increases the total
                                                    GFA on site to 3,530m².
                                                    While the bulk of the building is different
                                                    from the original dwellings, these
                                                    original dwellings are progressively
                                                    being demolished and replaced with
                                                    contemporary dwellings. This design is
                                                    commensurate with the new built form
                                                    onsite, one being directly adjoining the
                                                    subject GTP.

       (d) changes the ability of the proposed      There is no change to the operation of
           development to operate as intended;      the development to operate as a
           or                                       multiple dwelling.

       (e) removes a component that is integral     The proposal will be used as a multiple
           to the operation of the development;     dwelling as defined by the Planning
           or                                       Scheme in force at the time of the

Page 6

                                              original approval. No change to the
                                              operation of the resort or dwelling.

(f) significantly impacts on traffic flow One additional bedroom is proposed and
    and the transport network, such as therefore 1 additional vehicle on site and
    increasing traffic to the site; or    considered insignificant on traffic entering
                                          and exiting the site. Given the sites
                                          proximity to facilities, many visitors do not
                                          arrive in private vehicles, rather use ride
                                          share and active transport modes.

(g) introduces new impacts or increase        No new impacts or the severity of
    the severity of known impacts; or         impacts will result from the rebuild.

(h) removes an incentive or offset            Does not remove an offset or incentive
    component    that   would   have          components of the development.
    balanced a negative impact of the
    development; or
(i) impacts on infrastructure provisions.     There are no additional impacts on
                                              infrastructure.

Page 7

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; or


Response: The change does not include any prohibited development.


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


Response: No referral required for the development.


             C. referral to extra referral agencies, other than to the chief executive; or


Response: No referral agencies are applicable to the current development.


             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; or


Response: The proposed change would not result in the chief executive having to consider
matters additional to those considered when the application was made.


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

Response: The original application included public notification.


Given the above, the proposed change to the existing approval is a minor change in
accordance with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development
Assessment Rules.

Page 8

Deciding the Request


In accordance with S81 of The Planning Act 2016, Council must only consider the
information provided and any other matter considered relevant, including — all matters
Council would or may assess against or have regard to, if the change application were a
development application.
Council must only consider the statutory instrument, or other document, as in effect when
the development application for the development approval was properly made. However,
may give weight they consider appropriate, in the circumstances, to—
(a) the statutory instrument or other document as in effect when the change application
was made (Superseded Planning Scheme); or
(b) if the statutory instrument or other document is amended or replaced after the change
application is made but before it is decided—the amended or replacement instrument or
document; or
(c) another statutory instrument—
(i) that comes into effect after the change application is made but before it is decided; and
(ii) that the responsible entity would have been required to consider if the instrument had
been in effect when the development application for the development approval was
properly made.

Page 9

 Assessment
 The following table outlines compliance to the key parameters of the development and the
 Noosa Plan 2020.

     Criteria               Planning         Existing                Proposal            Complies
                            Scheme           development             Includes
                                             Site Area (4931m²)      additional
                                                                     parameters   (net
                                                                     increase)




     Building height
 •       storeys            4   storeys      4 storeys               4 storeys           
 •       metres             max
                                             ~<15 metres             <15 metres          
                            15 metres

     Site cover             45% max          36.51%                  37%                 
                            (2219.85m²)                              net increase of
                                                                     0.48% or 25m²

     Plot ratio / Gross     5,680m² max      3,373m²                 3,530m²             
     floor area                              Excluding        live   Net increase in
                                             applications on lot 2   GFA of 157m²
                                             and lot 3

     Length of wall         15  metres       15 metres               12-15 metres        
                            max

     Carparking             2 min            1 covered               2 covered           



     Ratio units: non-      20:1             12:1                    No change           X
     residential

As demonstrated in the table above, the proposal complies with all the key parameters
outline in the planning scheme and compliant with the conditions of approval. However,
setbacks, roof terrace and car parking will is further discussed for completion.
Setbacks
The proposal meets the Planning Scheme setbacks as the setbacks apply to the site
boundaries and do not apply to internal GTP lot boundaries, as in this scenario. Both the
superseded Planning Scheme and the Noosa Plan 2020 seek appropriate separation
between buildings to maintain or improve privacy, general amenity and shading. It is
determined that sufficient separation is provided, and the following design elements
demonstrate the design has resulted in no new impacts, maximised privacy and amenity and
a non-worsening of shading—
     •     high level windows;
     •     screening devices where appropriate and required;
     •     proposed separation between buildings of at least 1.5m above ground level except
           for 1 area to the north east where 1.325m is sought;

Page 10

  •   minimum openings on the north, northeast and south east elevation as these are the
      direction of adjoining dwelling lots;
  •   no additional shading will result from the new design as the south side of development
      is the driveway;
  •   all balconies are located to the S and SW and overlook the internal driveway and
      canal/river as shown in Figure 5 below; and
  •   designed in sync with and complementary to the adjoining Bark Designed building.
It is important to note the existing development encroaches and overlooks directly into
some of the neighbouring open space and living spaces. The new design addresses this
aspect and provides improved privacy. Overall, the proposal provides good separation and
better amenity in terms of privacy, shading and noise than currently exists.




Figure 5 - View from the entry driveway



Roof terrace
The roof terrace is sufficiently screened to mitigate any additional overlooking of
neighbouring properties.
As shown in Figure 6, the primary view from the roof terrace is over the driveway and
towards the canal/river and not directly into neighbouring properties. Noting the
neighbouring Bark Design is well designed and has considered the future development
aspects, so combined, the subject proposal and the Bark Design make for a well-designed
corner precinct in the complex which maintains privacy and minimises living impacts
between land uses.

Page 11

Figure 6 - View line from roof terrace

Car parking and access
The proposal is for 3 bedrooms and has provided 2 car spaces within the lot boundaries in
accordance with the Planning Scheme. Vehicle access is generally in the same location
as the existing access.


Vegetation
The vegetation within the GTP lot generally consists of palms and Lilli pillies and are mostly
located within southern portion of the lot. The vegetation was likely planted as part of the
original development and provides little ecological value, however serves some character
and amenity purpose.
An arborist report is provided, which concludes the growth of the plants has been
significantly constrained in the very urban environment and as such are not thriving. It is
recommended to remove the vegetation and properly prepare the ground and plant more
suitable species similar to other redevelopment within the complex. Two significant feature
trees will be provided in deep planting soil as part of the landscaping outcome on the site.
Additional conditions with recommended species and sizes are recommended in this
regard.

Page 12

Changes to Conditions
  As a result of the proposed amendments to the development, condition 1 requires changing
  to include the proposal plans. It is acknowledged Council may apply some additional
  conditions specific to Lot 16 as has happened for other redevelopment in the complex.
  It is requested condition 1 be changed to include the follow addition to the condition 1 table
  of approved plans.
  1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
     prior to the use commencing, and then compliance maintained at all times while the
     use continues.



Approved Plans – <date> Lot 16 GTP1154

Plan      No. Plan, prepared by                                          Date


01.0             Ground Floor Plant, prepared by Paul Clout Design       24/03/2023

02.0             Level 1 Floor Plan, prepared by Paul Clout Design       24/03/2023

03.0             Level 2 Floor Plan, prepared by Paul Clout Design       24/03/2023

04.0             Level 3 Floor Plan, prepared by Paul Clout Design       24/03/2023

05.0             Roof Floor Plan, prepared by Paul Clout Design          24/03/2023

06.0             Elevations, prepared by Paul Clout Design               24/03/2023

07.0             Elevations, prepared by Paul Clout Design               24/03/2023

08.0             Section, prepared by Paul Clout Design                  24/03/2023




  If you have any further queries in relation to the above, please do not hesitate to contact
  myself.


  Regards,




  Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA MQELA
  Planner/Director
  Pivotal Perspective Pty Ltd
  0406 334 227

Page 13

ww

PIVOTAL