Cover Letter - Minor Change Application

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A Town Planning Consent TPC 1984 for a multiple dwelling of 3 units was issued on 1 March
1988. At the time of application a setback relaxation was granted to Noosa Parade frontage to
4.5m and the development exceeded the maximum permissible GFA for the site by 18m2.

At the time the original application was publicly notified, 0 properly made submissions and 0 not
properly made submissions were received.

On 23 March 2011, Council approved a permissible change to allow for the construction of a roofed patio
over the rear balcony of Unit 3 (Council reference: 51987.2885.2 (TPC 1984)).


The Proposal
The proposal seeks a minor change to the approval for additions to an existing multiple dwelling comprising
of a pergola and privacy screen. The structures are proposed to be established within the private open
space area associated with Unit 1 in the northeast corner of the site.

The pergola consists of 5 x aluminium “L” shaped brackets that are each separated by 500mm and have a
length of 4.2m. The structure has a height of 2.8m, is open on all sides and unroofed. Its intent is to provide for
privacy screening and an architecture feature over the open space area.

The privacy screen is positioned along the northern side boundary and will run parallel to the existing fence.
The screen has a height of 2.8m and a length of 4m and consist of vertical battens above the existing fence.
Its intent is to obscure overlooking from the large 3 storey multiple dwelling to the north.

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Table 2.1 - Non complying elements
 Non complying items the applicant is applying for:       Non-complying         Assessment
                                                          elements
 Tourist Accommodation Zone Code                          Acceptable outcomes   Performance outcomes
 AO13.1 requires that buildings and structures meet the   AO13.1                PO13
 following minimum boundary setbacks:
 In the Boreen Point, Tewantin and Noosaville Locality:

   a)   6 metres from the front boundary for up to two
        storeys and if a mixed
        use building this setback area may contain
        ramps and stairs;

 The proposed structures encroach into the front
 setback area as follows:
   + the open pergola structure has a minimum
      setback 1.7m form the Howard Street frontage;
      and

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     + the proposed privacy screen that runs parallel to
       the northern side boundary has a minimum
       setback of 800mm from the Howard Street
       frontage.


Please refer to Appendix A – Proposal Plans for further details relating to the design and siting of the building.


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
 -                    B        Sketch Layout, prepared by Temple Outdoor Design           03/06/21

 -                    B        Concept Visualisations, prepared by Temple                 03/06/21
                               Outdoor Design
 -                    C        Landscape Masterplan, prepared by Temple                   04/06/21
                               Outdoor Design
 -                    -        Proposed Landscape Levels, prepared by Temple              09/06/21
                               Outdoor Design


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 additions and alterations to an existing multiple dwelling;
    + The changes 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 original application underwent public notification and notification would not be required 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.

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(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 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 substantial 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 be defined as a Multiple Dwelling under the Noosa Plan 2020. The
subject site is located within the Tourist Accommodation Zone and the Noosaville Local Plan Area. A
Multiple Dwelling is assessable against the following benchmarks contained within the Noosa Plan 2020:
    + NoosavilleLocal Plan Code;
    + Tourist Accommodation Zone Code;
    + Dual Occupancy and Multiple Dwelling Code;
    + Works Code

An assessment of the proposed changes against the key development parameters are provided below:

Tourist Accommodation Zone Code

Setbacks
PO13
Buildings and other structures are designed and sited to:

 a)     provide a high level of amenity to users of the subject site and adjoining premises,
        including provision of visual and acoustic privacy;
 b)     not unreasonably obstruct views or cause overlooking of private open space or habitable areas
        of adjoining premises;
 c)     provide adequate distance from adjoining land uses;
 d)     preserve existing vegetation that will help buffer development;
 e)     allow for space and landscaping to be provided between buildings including adequate area
        at ground level for landscaping with trees, shrubs, outdoor living and utilities;
 f)     be consistent with the predominant character of the surrounding area, maintaining the visual
        continuity and pattern of buildings and landscape elements within the street; and
 g)     protect the natural character and avoid adverse impacts on ecologically important areas such as the
        beach, Noosa River, national parks and other parklands.

While not meeting Acceptable Outcome AO13.1 of the Low Density Residential Zone Code for the reasons
described in Table 2.1, it is considered that the proposal complies with Performance Outcome PO13 of the
Code as the proposed structures will be designed and sited to:

      a) provide a high level of amenity to users of the site and adjoining premises, including provision of and
         acoustic privacy in that:
              a. the structures are intended for privacy screening purposes to prevent overlooking of the
                   private open space area from the adjoining multiple dwellings to the north;
              b. the structures are unenclosed by walls or roofs and will not add unreasonable bulk or form
                   the multiple dwelling; and
              c. the proposed courtyard is well designed and make an architectural feature of the existing
                   open space area;
      b) the structures are designed for privacy and amenity purposes within a landscaped open space area
         and will not obstruct views or cause overlooking potential;
      c) the structures are adequately separated from the adjoining multiple dwelling to the north by a
         distance of between 4.7m - 6.5m;
      d) the proposal will not involve the removal of existing vegetation;

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    e) the proposal will include the provision of additional landscaping including wall climbing plants that will
       help buffer and soften the space;
    f) the proposal involves a small renovation of an existing private open space area that consists
       predominantly of concrete pavers. It will provide and a well-designed private open space area that is
       consistent with the character and amenity of the area; and
    g) the proposed structures will not result in impacts on ecologically important areas.

Conclusion

The above report demonstrates that the proposed alterations and additions constitute 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 outcomes of the relevant codes and will maintain a high level of residential amenity and
complements the riverside 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.