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6119 - Minor Change - Webb Road
OUR REF: 6119
YOUR REF: 132002.220527.1 (23069 DA)
23 March 2022
The Chief Executive Officer
Noosa Shire Council
PO BOX 141
TEWANTIN QLD 4565
Via email: [email protected]
Dear Sir/Madam,
RE: REQUEST TO MAKE A MINOR CHANGE APPLICATION TO DEVELOPMENT PERMIT
132002.220527.1 (23069 DA)
AT: 17 WEBB ROAD, SUNSHINE BEACH QLD 4567 (LOT 1 ON RP151243)
We act on behalf of the Applicant, Artbeech Pty Ltd, requesting a Minor Change under s78 of the
Planning Act 2016 (the Act) for development approval 132002.220527.1 (23069 DA). This Minor
Change seeks various changes, including:
• Relocation of existing pool;
• Inclusion of new outdoor area with retractable patio; and
• Minor internal alterations to approved dwelling.
In support of this request, we enclose the following:
• Planning Act 2016 Form 5 Change Application Form, Attachment A;
• Current Council Decision Notice and Approved Plan for 132002.220527.1 (23069 DA),
Attachment B; and
• Amended Proposal Plans, Attachment C; and
• Code Assessment, Attachment D.
As the application will be lodged electronically, the prescribed fee of $1,166.00 will be paid upon
receiving Council’s invoice. The fee has been calculated as follows:
Minor Change Fee Current application fee Concessions Total
Minor Change to dwelling approval $1,166.00 Nil $1,166.00
Total fee $1,166.00
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1.0 SITE DESCRIPTION
Table 1 - Site Summary
Site Address 17 Webb Road, Sunshine Beach QLD 4567
Real Property Description Lot 1 on RP151243
Total Site Area 2,013m²
Current Site Use Detached dwelling
Local Authority Noosa Shire Council
Zoning Low density residential zone
Ownership Freehold title, owned by Murray and Margaret Charlton
The subject site is not burdened by any easements.
2.0 APPROVAL HISTORY
The subject site benefits from existing approvals specifically related to the existing dwelling on site. The
dwelling was constructed early to mid 2000’s. In 2015, this application was modified by
132002.220527.1 (23069 DA), which included alterations and extensions to the constructed dwelling
and augmentation of private stormwater infrastructure to better manage drainage within the subject site.
The latest approved plans are shown in Figure 1 below.
Figure 1: Current Approval Plans (GDP file, 2022)
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3.0 BACKGROUND OF PROPOSED CHANGES
The scope of this Minor Change requests modest variations to the existing dwelling layout, primarily
within the outdoor entertaining areas. Whilst typically not matters requiring detailed assessment, the
alterations are proposed within the Coastal Protection Overlay.
Internal alterations are minimal, limited to that of small internal room extension for a piano room.
External alterations are more extensive, primarily relating to the relocation of the existing pool and
creation of a new outdoor entertaining area within the old pool’s location. The differences in the existing
and amended development is shown in Figure 2 below, with areas of changes identified in yellow.
Figure 2: Existing plans versus Amended Proposal Plans (GDP file, 2022)
Site cover is only slightly increased by two percent, which will not impact upon the existing stormwater
characteristics of the subject site. The dwelling will maintain the existing stormwater connection point
historically approved along the southern boundary, and no changes to the approved Geotechnical /
stormwater reporting is required. No additional storeys are proposed, nor bedrooms that would
increase the intensity of the use or built form presence. The proposed works will not require the
removal of any significant vegetation and minimal earthworks are required. Of note, an existing
retaining wall will be reconstructed in a like nature and location to that of the existing, adjacent to the
proposed outdoor entertaining/fire pit area.
The proposed area of works for the new pool will involve approximately 90m3 of excavation. Whilst the
subject site is mapped within the Acid Sulfate Soils overlay, the area of works is located well above
five metres AHD (approximately 13-14 metres AHD) and does not exceed 100m3. As a result, detailed
assessment of this matter is not required in accordance with Figure 5.9.1.1 of the Planning Scheme.
The proposed development maintains complete exclusion from the prescribed six metre coastal
overlay setback. As the area of works are located within existing private landscaped and built areas,
detailed geotechnical reporting was not considered necessary in this particular instance. Not
withstanding the above, a detailed assessment against the Coastal Protection Overlay Code has
been provided in Table 3 below.
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Table 2 – Coastal Protection and Scenic Amenity Overlay Code Response
Performance outcomes Acceptable outcomes Applicant Response
Development in Coastal Erosion Areas
PO1 No acceptable outcome Complies with PO1
Development allows for natural provided.
fluctuations of the coast and The proposed development
foreshores to occur, including maintains a six metre offset from
allowance of climate change. the eastern boundary and is
limited to areas already
Editor's note—Coastal erosion developed as a detached
areas are identified on Council's dwelling or private landscaped
online mapping for the years areas. Based on the above, the
2040, 2070 and 2100. modest package of works is not
considered to impact upon the
any existing coastal processes
or those subject to future climate
changes.
Protection of dunes and coastal creeks
PO2 Complies with PO2
Development is located, No acceptable outcome
designed and constructed to: provided The area of works is located as
not to impact upon dunes or
1. maintain dune coastal ecosystems.
crest heights and
minimise and
mitigate the risk to
development from
wave overtopping
and storm tide
inundation; and
2. maintain or
enhance coastal
ecosystems and
natural features
such as coastal
creeks and marine
plants including
mangroves, salt
marshes and
coastal wetlands,
to assist in
protecting and
buffering
communities and
infrastructure from
sea-level rise and
coastal inundation
impacts.
Coastal building Lines
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PO3 Not applicable
Where a coastal building line No acceptable outcome
exists on a lot, all buildings, provided The subject site does not have a
structures and retaining walls coastal building line.
do not extend seaward of the
coastal building line for the site,
other than—
1. uncovered and
unenclosed
cantilevered
balconies that do
not extend greater
than 3 metres
seaward of the
coastal building lin
e; and
2. are setback a
minimum of 6
metres from the
seaward boundary
(see Figure
8.2.4.4).
Editor's Note—State
coastal building lines are
identified on the Coastal
Protection Overlay Maps. State
coastal building lines are
declared under the Coastal
Protection and Management
Act 1995.
PO4 No acceptable outcome Complies with PO4
Where a coastal building line provided
does not exist on a lot fronting All works are setback at least six
the beachfront or a reserve metres from the seaward
adjoining the beachfront, new boundary of the subject site.
buildings and structures
are setback no less than 6
metres from the seaward
boundary of the site.
Visual Character and Scenic Amenity
PO5 AO5 Complies with AO5
Development within the Coastal A mix of native landscaping,
Protection and Scenic Amenity such as ground covers, shrubs The proposed development will
Area is— and trees, is provided for a maintain the existing
width of 5 metres from the landscaping between the
1. designed to seaward or rear boundary of proposed works and seaward
protect character the site to provide adequate boundary of the subject site as
and scenic landscape buffering to protect not to impact upon any coastal
amenity and the coastal dune system. dune systems.
integrate with the
surrounding Editor's Note—Refer to the
natural landscape Table 3.1 & 3.2 of PSP2
and Landscaping for suitable
Page 6
skyline vegetation coastal species.
(see Figure AP3-
3A); and Editor's Note The following is a
2. finished useful guide for ensuring that
predominately in buildings blend with the natural
colours and hues surrounds.
of the surrounding
natural landscape. External building materials that
are lightweight and comprise
predominantly timber or board,
stainless steel, glass, and
corrugated iron will generally be
more in keeping with the
beach/riverside character than
concrete rendered block.
Use external colours and roof
finishes which are non-reflective
and which do not cause glare.
Shades that match the colours
and tones of
surrounding vegetation will
ensure the buildings are less
visually prominent from the
beach or the water.
Appropriate wall colours will
depend on the existing
native vegetation and backdrop,
but may include muted
earth/environmental tones that
blend with the natural
environment, such as–
• green;
• olive green;
• blue green;
• grey green;
• green blue;
• indigo;
• brown;
• blue grey; and
• green yellow.
PO6 AO6.1 Complies with AO6.1
Rear fences adjacent to the Rear fences adjacent to the
beachfront within the Coastal beachfront within the Coastal The proposed development will
Protection Area are designed Protection Area incorporate the include rear fencing, being no
and sited to be sympathetic with following— greater than 1.2m in height and
the visual amenity of the glass finish to achieve
beachfront and do not degrade 1. height of no more transparency .
the natural beachfront than 1.2 metres;
character. and AO6.2 and 6.3 Not Applicable
2. open construction
(ie at least 50% No gates are proposes, nor
transparent); works to provide beach access.
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3. lightweight
materials (eg.
timber); and
4. dark colours to
blend with the
natural
landscape.
AO6.2
Gates are not installed in
fences as direct access to the
beachfront does not occur.
AO6.3
Only beach access points for
use by the community are
constructed.
4.0 CHANGES REQUESTED UNDER SECTION 78 OF THE PLANNING ACT 2016
The specific conditions requested to be changed by this Minor Change application are detailed below
in Table 3:
Table 3 – Summary of Requested Condition Changes
Proposed Condition Justification
Condition 15 – Approved Plans
Amend condition to reference additional plans. Proposed amendment to include the
revised plans.
No other condition changes are required or proposed.
5.0 PLANNING ACT 2016 LEGISLATIVE AND STATUTORY CONSIDERATIONS
5.1 PLANNING ACT 2016 – MINOR CHANGE ASSESSMENT PROVISIONS
To assist the determination of this Minor Change application, detailed assessment of the requested
changes has been undertaken against the assessment provisions as outlined within section 81 of the
Planning Act 2016 (PA) in which the responsible entity must assess the application against.
The outcome of this assessment is as follows:
81(3)(a) must assess against, or have regard to, the matters that applied when the
development application was made; and
Comment: The original applicant was made under The Noosa Plan 2003, which envisaged a low
density residential development and identified coastal protection constraints over the
subject site.
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81(3)(b) may assess against, or have regard to, the matters that applied when the
change application was made.
Comment: The current planning scheme, Noosa Plan 2020, maintains the expectations of low
density residential development with targeted assessment of coastal protection
overlays.
5.2 PLANNING ACT 2016 SCHEDULE 2 (DICTIONARY)
Chapter 1, Section 6 of the PA provides the definitions and meanings of particular words used
throughout the Act, and refers specifically to the Dictionary in Schedule 2.
Schedule 2 provides the definition of ‘Minor Change’:
• (a) for a development application; and
• (b) for a development approval.
For this particular application request, a Minor Change ‘for a development approval’ is relevant.
The definition assists in providing a guideline to the compliance within meaning of Minor Change, and
is presented in Table 4 below.
Table 4 – Minor Change
(b) for a development approval- Comment/Compliance
(i) would not result in substantially different Complies
development; and The proposal does not result in substantially
different development, as detailed in Table 5
below.
As such, the proposal is seen as generally
consistent with the original approval.
(ii) if a development application for a
development including the change, were
made when the change application is
made would not cause –
(A) the inclusion of prohibited Complies
development in the development; or The proposed change would not result in
prohibited development.
(B) referral to a referral agency, other Not Applicable
than to the chief executive, if there There were no referral agencies triggered for
were no referral agencies for the the original development application. The
development application; or subject site is located within the State mapped,
Coastal Management District. The proposed
development does not include an increase of
Page 9
Table 4 – Minor Change
(b) for a development approval- Comment/Compliance
over 1,000m² of gross floor area, nor excavation
of more than 1,000m3, and therefore, would not
trigger referral if a new Material Change of Use
or Building Work application was required.
(C) referral to extra referral agencies, Complies
other than to the chief executive No extra referral agencies will be triggered for
officer; or referral, as per the above commentary.
(D) a referral agency to assess the Complies
application against, or have regard No additional referral agency matter will be
to, matters prescribed by a applicable.
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
(E) public notification if public notification Complies
was not required for the Public notification was not required for the
development application. original development application, and would not
be triggered by the proposed changes.
Table 5 – DA Rules Schedule 1 – Substantially different development
A change may be considered to result in a substantially different development if the proposed
change:
Test Comment/Compliance
(a) involves a new use; or Complies
The proposal does not involve a new use.
(b) results in the application applying to a Complies
new parcel of land; or The proposal is over the same parcel of land.
(c) dramatically changes the built form in Complies
terms of scale, bulk and appearance; The proposed development will maintain a
or consistent scale, bulk and appearance to that of
the existing approved development.
(d) changes the ability of the proposed Complies
development to operate as intended; The proposal does not change the ability of the
or land use to function or operate.
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(e) removes a component that is integral Complies
to the operation of the development; or The proposal does not remove any integral
component to the proposed development or
operation of the development.
(f) significantly impacts on traffic flow and Complies
the transport network, such as No increase to intensity of the proposed use is
increasing traffic to the site; or proposed that would generate any additional
traffic movements.
(g) introduces new impacts or increase Complies
the severity of known impacts; or The extent of the change will not introduce any
new impacts, nor increase the severity of any
known impacts as compliance with historical
geotechnical and stormwater plans is
maintained as conditioned.
(h) removes an incentive or offset Complies
component that would have balanced The proposal does not remove any incentive or
a negative impact of the development; offset component in relation to the proposed
or development.
(i) impacts on infrastructure provisions. Complies
The proposal does not involve a change that
would impact on the provision of planned
infrastructure.
6.0 CONCLUSION
Having consideration to the above compliance statement and attached information, it is considered that
the proposed Minor Change to the existing approval are relatively minor in nature and are consistent
with those that are generally envisaged under s78 of the PA.
In this regard, we look forward to Council’s timely and favourable determination of this request.
If you require any further information or have any queries, please contact the undersigned.
Yours faithfully,
GASSMAN DEVELOPMENT PERSPECTIVES PTY LTD
……………………….
FRASER GASSMAN
TOWN PLANNER
Enclosed: Attachment A: Planning Act 2016 Form 5 Change Application Form
Attachment B: Current Council Decision Notice and Approved Plan for 132002.220527.1 (23069 DA)
Attachment C: Amended Proposal Plans