Cover Letter - Minor Change Application

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Figure 1 - North (riverside) Elevation of Units



The multiple dwelling was approved under two separate applications, being:

     + 11876TC – 51997.2283 - relating to a development approval for a Material Change of Use (Multiple
          Dwelling Units x 6- Building B) over Lot 1 RP104599 & Lot 2 MCH3930 which was approved in
          1998. Unit 6, which is the subject of this application, is part of this approval; and

     + 12530TC – 51997.2397 - relating to a development approval for Material Change of Use (Multiple
          Dwelling Units x 4- Building A) over Lot 2 RP32784 was approved in 1998.


In 1998 a building approval was issued for 10 units (combining the two abovementioned planning approvals).
Noosa Council’s reporting details that the site area, gross floor area (GFA), and site cover associated with
the development were as follows:


                                  Lot 1 RP104599 & Lot 2   Lot 2 RP32784                   Total
                                         MCH3930
 Site Area                       2,146m2                   1,889.5m2          4,035.5m2
 GFA                             975m2                     897m2              1,872m2
 Site Cover                      730.9m2                   593.1m2            1,324m2

An approval for Operational Works was approved in 2008 for a pontoon.

On 28 October 2016, Council issued a ‘generally in accordance’ letter associated with Unit 2. This letter
considered that additions and alterations pertaining to the unit, which included an additional 15m2 of gross
floor area relating to partial enclosure of a balcony, and extension to the bathroom into the courtyard area
were ‘generally in accordance’ of the existing development and not in need of a further approval.

The Proposal
The proposed minor change application seeks to make alterations to Unit 6 which was approved as part of
51997.2283 for Multiple Dwelling Units x 6. The proposed alterations include:
    + enclosing 3m2 of terrace area which is already under roof;
    + enclosing 12m2 of an internal courtyard area, which is already under roof, to expand a bedroom,
        ensuite and bathroom.

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The alterations would result in an additional 15m2 of GFA in accordance with the definition under the Noosa
Plan 2020. The additional GFA is illustrated in pink in Figure 2 below, with exception of the part that is
annotated as existing GFA.

The alterations would only result in an additional 3m2 of site cover in accordance with the definition under the
Noosa Plan 2020, which would relate the bathroom extension which is under an existing eave line
(illustrated in Photos 3 & 4 below). All other additions are covered by existing buildings and structures and
therefore would not constitute site cover as illustrated in Photos 1 & 2 below.




                                                              Existing GFA
Figure 1 - Proposed extensions (GFA)




Photo 1 - Original courtyard (looking north)                  Photo 2 - Established additions (looking north)

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Photo 3 - Original courtyard (looking north)                   Photo 4 - Established additions (looking north)




Figure 3 - 3D Perspective of external change to terrace area




Photo 5 - Existing River Façade                                Photo 6 - Established River Façade (proposed change)

The proposed changes to the external appearance of the building will be very minor in nature and relate to
squaring an external wall associated with the dining area to make the internal space more useable. The
change would not be visually perceivable from the external boundaries of the site. The extent of the change
is illustrated in Figure 3 and Photo’s 3 and 4 above.

The expansions into the internal courtyard area will not be visible from any external boundaries of the site.
They are also beneath the existing roof and eave line of the building and would not contribute to any
additional impervious area being established.

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Please refer to Attachment 2 - Proposal Plans for further details.


Changes to Conditions
As a result of approving the revised plans, it is requested that the following consequential changes to the
conditions be approved:

Condition 27 - Approved Plans

It is requested that condition 27 be amended as follows:

27.     Submission to and approval by Council of building plans in accordance with the Building Act,
        Council’s By-laws and Policies, the conditions of this approval and substantially in accordance with
        plans 9714 SK10-12 drawn by Frank Macchia Architect and dated March 1998 and the Shire of
        Noosa Planning Scheme apart from where amendments are required or dispensations have been
        granted in conjunction with this approval and/or varied by the plans listed below:

Approved Plans


 Plan No.             Rev.     Plan/Document Name                                       Date
 A102                 A14      Proposed Site Plan, prepared by Collins Building         08/10/2020
                               Designs
 A104                 A14      Proposed Floor Plan, prepared by Collins Building        08/10/2020
                               Designs
 A801                 A14      Existing and Proposed Exterior Elevations, prepared      08/10/2020
                               by Collins Building Designs


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 variation the layout of Unit 6 and would only result in an additional 15m2 of GFA and 12m2 of
         site cover to apply of the entire site;
    + The change 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 was code assessable and the proposed change would not cause the
         application to become impact assessable.

For these 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:

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(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.

(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 1995 Town Planning Scheme applied when the original application was made. The Noosa Plan 2020
(21 September 2020) was in effect at the time that the change application was made. An assessment of the
proposed additional GFA and Site Cover against both planning schemes are provided in the Table 1 below:

Table 1 - Assessment of Development Parameters (applying to entire site area)

                Proposed Total              1995 Planning Scheme            The Noosa Plan 2020
 Gross Floor    1,887m2                     1,928.48m2          P           1,614m2 ( 0.4:1)           O
 Area
 Site Cover     1,327m2                      1,614m2 (40%)            P     1,614m2 (40%)               P
Table 1 above demonstrates that the proposed development:
   + is compliant with the provisions pertaining to GFA under the 1995 Planning Scheme;
   + does not comply with provisions pertaining to GFA under the Noosa Plan 2020, however,
         development, in its current form without the proposed additions, would neither comply with the
         Noosa Plan 2020 provisions; and
   + complies with the site cover provisions pertaining to both the 1995 Planning Scheme and the
         Noosa Plan 2020.

Under the Noosa Plan 2020, GFA requirements are addressed by AO11 and PO11 of the Medium Density
Residential Zone Code which are detailed below:


Plot Ratio

AO11 - For a dwelling house, plot ration of development does not exceed 0.4:1

PO11 - Plot ratio of development:

a)   does not exceed 0.4:1; or
b)   for small dwellings or for development which provides a ratio of at least three small dwellings to one
     other dwelling, does not exceed 0.5:1.

Acceptable Outcome AO11 is not relevant to the proposed development as it does not involve a dwelling
house. The relevancy of the correlating performance outcome PO11 could also be questioned given that
AO11 is not applicable to the proposed development. Where determined to be applicable, it is considered
that little weight should be afforded to PO11 as this Plot Ratio requirement, which was established with the
introduction of the Noosa Plan 2020, has been overtaken by events. In this regard, the existing
development, which was established in 1999, already provides a GFA of 1,872m2 which exceeds the Noosa
Plan 2020 parameter of 0.4:1 or 1614m2. Therefore, this prescriptive requirement is rendered with little
meaning.

Notwithstanding the above, an assessment is provided against the relevant overall outcomes of the
Medium Density Residential Zone code below:

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Overall Outcome                                   Comment

a) Medium density residential neighbourhoods      Complies: The multiple dwelling will remain home to
   are predominantly home to permanent            permanent residents.
   residents.

b) The character of medium density residential    Complies: The character of the multiple dwelling will
   neighbourhoods varies due to factors such      remain complementary to the riverside character of
   as proximity to beaches, the Noosa River,      the area. The additions will not be perceivable from
   recreation spaces, centres, topography,        the external boundaries of the site.
   availability of views, the established
   vegetated character, the presence of visitor
   accommodation and the age of
   development.

c) Development makes a positive contribution      Complies: The existing multiple dwelling is within an
   to the look and feel of residential            architecturally designed building that is low-rise and
   neighbourhoods by maintaining a low scale      set amongst well landscaped surrounds. The
   character with well-designed buildings and     additions are very minor in nature and will not be
   landscaping that enhance the streetscape.      perceivable from the external boundaries of the site.
                                                  Consequently, the building will continue to make a
                                                  positive contribution to the riverside character of the
                                                  area.

d) New uses are located, designed and             Not Applicable - The proposal does not involve a
   managed to be compatible with                  new use.
   surrounding uses.

e) The intrusion of incompatible uses, or uses    Not Applicable - The proposal does not involve an
   which are more appropriately                   incompatible use.
   accommodated in other zones is avoided to
   protect land for dual occupancies,
   community residences, rooming
   accommodation, multiple dwellings,
   retirement and relocatable home
   park facilities.

f) Development caters for both the current        Complies: The development involves minor changes
   and projected demographic and socio-           to a ground level unit and a will continue to cater for
   economic profile of the area, including one    the current and projected demographic and socio-
   and two-person households, households on       economic profile of the area including residents with
   low to moderate incomes and residents          reduced mobility.
   with reduced mobility.

g) Small dwellings and co-housing models are      Not Applicable - The proposal does not involve
   integrated within the medium density           small dwellings or co-housing models.
   residential built form to increase housing
   choice.

h) Short-term visitor accommodation is            Not Applicable - The proposal does not involve
   predominately provided through well-           short-term accommodation units.
   established resorts and holiday units.

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 i) Home-based businesses provide for                Not Applicable - The proposal does not involve
    domestic workplaces and home-hosted              home-based business uses.
    guest accommodation of a scale and
    intensity compatible with attached and
    semi-attached living and the residential
    character and amenity of the surrounding
    area and locality.

 j) Development maintains a high level of            Complies: The proposed changes will ensure that a
    residential amenity having regard to traffic,    high level of residential amenity is maintained and will
    noise, dust, odour, lighting and other locally   not result in any impacts relating to traffic, noise, dust,
    specific impacts.                                odour, lighting and other locally specific impacts.

 k) Development provides for an efficient            Complies: The proposed changes will maintain an
    pattern of land use and infrastructure that      efficient pattern of land use, involving a multiple
    creates walkable and legible residential         dwelling that is located within a highly walkable and
    neighbourhoods that integrate with active        well connected area.
    transport networks and are well connected
    to activity centres, employment nodes, open
    space and recreational areas, community
    facilities and educational opportunities.

 l) Development is supported by appropriate          Complies: The multiple dwelling is serviced by all
    infrastructure and essential services and        essential urban infrastructure and services.
    does not adversely impact on the continued
    operation, viability and maintenance of
    existing infrastructure or compromise future
    provision of planned infrastructure.

 m) Development responds to land constraints         Not Applicable - The proposal involves minor
    including topography, bushfire and flood.        alterations to an existing unit.

 n) Natural features such as creeks, gullies,        Complies: The proposed alterations will have no
    waterways, wetlands, vegetation and              impacts on natural features including creeks, gullies,
    bushland are retained and protected from         waterways, wetlands, vegetation and bushland.
    the impacts of development. Any
    unavoidable impacts are minimised through
    location, design, operation and
    management requirements.

 o) Native vegetation between buildings and in       Complies: The development will maintain any native
    the public realm enhances the amenity and        vegetation throughout the site.
    supports local wildlife.



Conclusion

The above report demonstrates that the proposed alterations and additions constitute a minor change
under the Planning Act 2016 and comply with the requirements of both the 1995 Town Planning Scheme
and the Noosa Plan 2020. While not achieving PO11 of the Medium Density Residential Zone, which relates

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to a prescriptive site cover measure, it has adequately been demonstrated that the proposed changes
comply with the overall outcomes of the code and will maintain a high level of residential amenity and a
building that 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.