Minor Change application (002) · 51983.3225.12

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2.0 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 (18478DA). A number of changes have been approved for
the site and include:

      June 2006 - A change to the development approval to enclose the manager’s residence car
       space into an office.

      June 2011 - Plans to enclose 8m² of the lower level of Unit 7 were considered ’generally in
       accordance’ with the existing approval.

      November 2014 – Enclosure of an additional 5.75m² of the ground floor of unit 22.

      October 2015 - Enclosure of the carport of Unit 11 (13.3m2 to be enclosed).

      March 2016 – Enclosure of the carports of Units 14 and 25 (an additional 14m 2 per unit).

      May 2016 - Change to an existing approval for the redevelopment of Unit 15 of “The
       Hastings” that sought to the replace the existing dwelling unit on site with a new dwelling
       unit. Four storey dwelling approved for the site

      March 2017 - 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 remove of a wall.

      April 2017 - Change to an existing approval to enclose part of the car port of unit 20 by
       8.554m2 and reconfigure (change to internal layout) level 1 and 2.

      August 2017 - Change to an existing approval to enclose part of the car port to create a room
       capable of being a bedroom of Unit 20.

      August 2017 - Change to an existing approval to partially enclose under the existing unit and to
       reconfigure the second floor relating to Unit 5.

      May 2018 - Change to existing approval to partially enclose the subfloor area of unit 21 to provide
       a covered entry and storeroom area, an expanded bathroom/laundry and enclose under the
       existing upper level deck. An additional 18m2 approved.


3.0 THE DEVELOPMENT APPLICATION
The existing units on site are reaching an age where they are requiring substantial maintenance
work and renovation to reflect current accommodation standards for the area. The units are also
                                                                 relatively small comprising two
                                                                 small bedrooms and a small
                                                                 combined kitchen, living and
                                                                 dining area.




                                                                        Figure 2 – level 2 of existing unit


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The applicant is seeking Councils approval to change Unit 17 by renovating and extending the
existing building on site in the following manner:

       Ground floor: To be extended by the provision of two new store rooms and new bathroom
        and laundry and stair. The two store rooms are to be used for the storage of a scooter as
        well as surfboards, bikes and holiday items. An additional 28.75m2 of floor area is
        proposed.

        New cement rendered wall cladding is proposed on the external ground floor walls.

       Level 1: Existing floor to be extended by an additional 16.63m2. New kitchen, bathroom and
        stairs provided to rear of the existing unit. Existing northern balcony to be extended to
        boundary and new timber batten privacy screen proposed.

        New works extend eastwards by 0.045m.

        NRG Greenboard wall cladding proposed to external walls. Composite timber batten privacy
        screens proposed around deck

       Level 2 – existing floor to be extended by an additional 16.63 m2. New ensuite and
        bathroom and internal stairs proposed to rear of existing unit. New roof over northern
        balcony.

        New works extend eastwards by 0.045m.


        NRG Greenboard wall cladding proposed to external walls.

       Level 3 – new third level comprising new family room, bathroom, outdoor terrace and spa.
        New floor area of 28.68m2 proposed. Sliding privacy screens to be located around new
        outdoor terrace.




        Figure 3 – Illustration of Roof terrace

        New flat roof form with a new height of 11.35 metres proposed.

Proposal plans prepared by Innovate Architects are included in Attachment A.

The proposed alterations and extensions have been designed with respect to the surrounding units
noting that the main outlook of the subject unit is to the north which faces the rear façade of Unit 19
which has no decks and high level windows on the upper floor as detailed in the figure below. A new
timber batten screen is to be located along the western side of the deck to increase privacy for the
occupants.




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Figure 4 – View from northern deck

The new extension along the rear of the building has been designed to further address privacy by
locating service areas such as kitchen, bathrooms and stairs along this façade. The project
architects indicates that the larger windows of the stairwell are to be opaque.

The building has been designed to be sympathetic to the existing small building form on site and is
reflective of recent renovations carried out to Unit 15 on the site.

Two trees are proposed to be removed including a Cocos Palm and Fig. An arborists report is
included in Attachment B and notes that the Cocos Palm is an undesirable species

Attachment C includes a stormwater management plan for the proposed works

3. COMPLIANCE WITH STATE PLANNING POLICIES
The proposal is compliant with State Planning Policies.



4. ASSESSMENT
The applicant seeks to make a minor change to the existing development approval under Section 78
of the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.

An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to
what defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

       b) for a development approval, is a change to the approval that —

         (i) would not result in a substantially different development; and
         (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
               (B) referral to a referral agency, other than to the chief executive, if there were no
               referral agencies for the development application; or
               (C) referral to extra referral agencies, other than to the chief executive; or
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             (D) a referral agency, in assessing the application under section 55(2), to assess the
             application against, or have regard to, a matter, other than a matter the referral agency
             must have assessed the application against, or had regard to, when the application
             was made; or
             (E) public notification if public notification was not required for the development
             application.

The proposed changes are considered to constitute a minor change as per the Planning Act as
detailed below:

       The proposed changes to the use will not result in substantially different development as
          detailed in 4.1 below;

          If the application including the proposed changes were remade it would not:
                  - Include prohibited development
                  - Require referral to any referral agencies or additional referral agencies as no
                       referral agencies are triggered by the use or site location
                  - Require referral to extra referral agencies as no referral agencies are triggered
                       by the use or the site location
                  - No referral agencies triggered
                  - Public notification was carried out as part of original development application.

4.1       Assessment of Substantially Different Development

The Development Assessment Rules provide guidance on determining whether a proposed change
to a development approval results in substantially different development. The proposed changes
have been reviewed against this criteria with the changes not considered to be a substantially
different development as detailed below:

      (a) involves a new use;

      No new uses are proposed as part of the change application as the changes relates to
      changes to the design of the existing residential unit on site.

      (b) results in the application applying to a new parcel of land;

      No new parcel of land to be utilised.

      (c) dramatically changes the built form in terms of scale, bulk and appearance;

      Considered in context with the entire development, the proposed changes are relatively minor
      with the design utilizing the existing narrow form of development and maintains the character
      of the individual units on site.

      (d) changes the ability of the proposed development to operate as intended;

      The changes do not affect the operation of the unit.

      (e) removes a component that is integral to the operation of the development;

      Does not remove a 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;

      Building design changes do not impact on traffic or transport networks.

      (g) introduces new impacts or increase the severity of known impacts;

      No change to existing impacts of the development.

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The proposed change to the existing approval are considered to meet the requirements detailed
under the Planning Act and the Development Assessment Rules for a Minor Change and will not
result in a substantially different development.

The proposed changes are considered minor changes under the Act.


4.2 Noosa Plan

The subject site is located in the Noosa Heads Locality and zoned Visitor Mixed Use which details
that a mixed use development of shops and units is a consistent impact assessable use. The
relevant codes for assessment of development include the Noosa Heads Locality Code and Visitor
Accommodation Code. The proposal has been assessed against the relevant provisions and is
considered to meet the intent of the zone which details that development is to contribute to the
provision of a high level of residential amenity, residential quality, landscape quality and safety.

A review of the proposal against the relevant development parameters is detailed in the table below.
It is noted that the existing development is well under Planning Scheme requirements in terms of
Gross Floor Area, site cover and building height.

  Development          Requirement                         Proposal
  Parameter
  Building height      Max - 4 storey and 15 metres        4 storey and 11.5m
  Gross       Floor    Max for site: 5680m2                Existing residential component: 2305.05m2
  Area                                                     Proposed works: 90.69m2
  Site cover           45%                                 Complies - Existing development: 35%

  Roof form            Roof pitch of 5 degree and          Flat roof and no eaves proposed.
                       600mm eaves
  Setbacks             Side boundary - half the            The existing building is setback approximately
                       building height                     3.5metres from the side boundary (opposite
                       Building separation – 3.5m          side of easement/walkway). The additional
                                                           works do not substantially alter the amenity of
                                                           the area.

The proposal does not comply with scheme requirements in relation to the provision of a pitched
roof form and eaves. The proposal has been reviewed against the Specific outcomes below:

      O15 Roof forms—
      a) contribute positively to the local skyline; - The proposed roof form is not highly visible to the
          street or surrounding areas as it is located within the development site. The roof line has some
          variation and complements the roof form of Unit 15.

       b) complement the character of the locality; - The roof line is similar to the roof line approved for
          Unit 15 and the adjoining roof line of Bay Village.

       c) use soft and articulated, pitched, skillion or curved roof forms; - The roof line provides variation
          to the internal areas of the site.

       d) avoid low pitched (eg. less than 5 degrees) or box profiles/parapets; and – The roof line is
          consistent with the roof line of Unit 15 and is not highly visible to the surrounding area.

       e) do not create opportunities for residents to overlook the private open space areas of
          neighbouring properties – Screens and solid balustrades have been provided to the roof top
          area to minimise overlooking.

It is noted that Council approved a roof top terrace, pool area and flat roof for Unit 15 under Council
reference - 5183.3225.06 and that the Draft Noosa Plan seeks to remove these roofing provisions.

The existing building setback from the eastern easement (which forms the boundary of the site) is to
be generally be maintained with a small encroachment proposed due to cladding and new gutters.
The additional fourth storey results in the building not complying with the required setback however
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the resultant setback is considered appropriate based on the existing development form on site and
surrounds, the existing open walkway and design of the extensions. It is further noted that the Draft
Noosa Plan proposes to remove this setback requirement.

4.3 Draft Noosa Plan

The draft Noosa Plan includes the site in the Tourist Accommodation zone and in the Hastings
Street Mixed use Precinct. The draft scheme indicates that Units are a consistent use and removes
reference to requirements for pitched roof form and eave. Side boundary setbacks have also been
altered to reflect the building code.


5. CONCLUSION
The proposed changes to the approval are considered minor and do not impact on the surrounding
area or adjoining properties. This application can be supported on a number of grounds as
previously detailed and include:
              The proposed changes are considered minor as they meet the requirements of the
               Planning Act.
              The proposed changes provide a building that is consistent with the form of
               development approved for the site and surrounds.
              The proposed changes meeting the outcomes of the Noosa Plan.

Please find attached:

       Change Form 5
       Attachment A - Proposal plans including site and floor plans and elevations
       Attachment B – Arborist report
       Attachment C – Stormwater management plan.

.
The Assessment Manager’s favourable consideration of the above development application is
recommended and if you have any queries please contact our Sunshine Coast office.

Yours sincerely




Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.




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