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Martoo Planning Statement
Attached to the e-mail Change to DA (Report, Decision Notice, PACT Form 5) MCU16/0143.01.
Council Reference: MCU16/0143 Our Reference: 01992 L09 Our Contact: Nadine Gorton 22nd February 2018 Chief Executive Officer Noosa Council Po Box 141 TEWANTIN QLD 4565 ATTENTION: ENVIRONMENT AND SUSTAINABLE DEVELOPMENT Dear Curtis, RE: LODGEMENT OF CHANGE APPLICATION DEVELOPMENT PERMIT – MATERIAL CHANGE OF USE FOR A MULTIPLE HOUSING TYPE 4 CONVENTIONAL (37 UNITS) LOCATED AT 12 & 14 SERENITY CLOSE, NOOSA HEADS AND DESCRIBED AS LOTS 7 & 8 ON SP195871. Martoo Consulting has been engaged by CBD Settlers Cove Pty Ltd as the landowner and applicant of development permit MCU 16/0143 which approves a multiple housing development over the premises at Serenity Close, Noosa Heads. The applicant wishes to make a change to the existing approval by changing the approved plans and accordingly lodges a change application under section 78 of the Planning Act 2016 with your Council as the responsible entity. The Locality Map of the subject site and the extracts of the approved plans are included below in figures 1 and 2. Figure 1 – Locality Map Source Google maps
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Figure 2 – Existing approval
Figure 3 – Changes Application Plan
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Figure 3— Changes Application Plan
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Figure 4 - 2017 Approved perspective Figure 5 - 2018 Changes Application perspective Figure 6 - 2017 Approved perspective Figure 7 - 2018 Changes Application perspective
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Background
The site forms part of the Settlers Cove Master Planned Community and the lots have both been approved
for unit developments since March 2005. These previous approvals included design concessions in terms of
setbacks and building height over the sites.
The most recent approval over the sites was issued June 2017, where Noosa Council approved a
development application for a Multiple housing development of 37 units under MCU16/0143. The approval
provided for a four storey development in two buildings with a common access over the two lots. Setback
and height relaxations consistent with the previous approval were granted.
Proposal
As a result of further design and development, the applicant seeks to change the approved plans to provide
a different external presentation. Key changes to the approved plans include:
• Alterations to external appearance of the building including additional articulation through revised
deck arrangements;
• Alteration to roof form;
• Alterations to internal unit layout;
• Increased balcony areas and new ground level planters;
• Reduced width of buildings;
• Alterations to basement including removal of courtyards and additional tandem spaces;
• Minor increase in height for a small portion of the building. Previous approval provided for a small
area of the roof to be 15.5m and the applicant now seeks that this area be increased to 15.8m
which is consistent with the height previously approved for another section of the roof;
• Alterations to side boundary setbacks;
• Improved grading and softening of landscape terraces to the west; and
• Revised landscape recreation areas including relocation of gymnasium to pool area and increased
BBQ Pavilion for stage 4 A.
Revised proposal plans are included Annexure A.
Requested Change to Conditions
The applicant seeks to amend condition 2 as follows:
Condition 2 – replacement of the entire set of approved Blackburne Jackson plans with proposal plans
prepared by Arkhefield included in Annexure A.
Planning Act 2016
Section 78 of the Planning Act 2016 provides for a person to make a change to a development
approval. The changes can either be minor changes or other changes as provided for in sections 81
and 82 of the Act. Minor change is defined in the dictionary in Schedule 2 of the Act and is
reproduced below.
minor change means a change that—
(b) for a development approval—
(i) would not result in 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
(D) a referral agency to assess the application against, or have regard to, matters
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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
(E) public notification if public notification was not required for the development
application.
The proposed changes to the development approval are considered to constitute a minor change as
detailed below.
(i) would not result in a substantially different development –
The proposed changes do not result in a substantially different development as the
changes do not:
involve a new use with additional impacts;
apply to a new parcel of land;
dramatically change the approved layout;
have significantly greater impacts on traffic flow;
introduce new impacts or increase the severity of known impacts; and/or
impact on infrastructure provision.
(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
The proposed changes do 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
(C) referral to extra referral agencies, other than to the chief executive; or
(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
There were no referral agencies for the original application and there would be no
referral agencies if a development application including the change were remade now.
(E) public notification if public notification was not required for the development
application.
Public notification was required for the development application and would be required if
a development application including the change were remade now, therefore this
remains unchanged.
The proposed changes to the approved plans are considered to be defined as a minor change.
Assessing and Deciding Request for Change
Section 81(2) and (3) of the Planning Act 2016 specifies what the responsible entity must consider
when assessing and deciding applications for minor changes and it is reproduced below.
(2) When assessing the change application, the responsible entity must consider—
(a) the information the applicant included with the application; and
(b) if the responsible entity is the assessment manager and submissions were properly
made about the development application—the submissions; and
(c) any pre-request response notice or response notice given in relation to the change
application; and
(d) all matters the responsible entity would or may assess against or have regard to, if the
change application were a development application; and
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(e) another matter that the responsible entity considers relevant.
(3) For subsection (2)(d), the responsible entity—
(a) must assess against, or have regard to, the matters that applied when the development
application was made; and
(b) may assess against, or have regard to, the matters that applied when the change
application was made.
Given that the current application was approved in June 2017, there are no significant changes in the
matters that applied when the development application was initially assessed compared to current
requirements.
The applicable planning instruments that Council must have regard to are:
• State Planning Regulatory Provisions;
• State Planning Policies; and
• 2006 Noosa Plan.
The original approval was considered consistent with the higher order State Regulatory Provisions and
Planning Policies. The proposed design modifications will not substantially change the existing approval and
are still consistent with the higher order provisions.
The application was assessed under the 2006 Noosa Plan. There have been no significant changes to this
planning scheme relevant to the application since the original approval issued in 2017.
A comparison of the proposal against the provisions of the current Noosa Plan and the existing 2017
approval is detailed in the table below.
Noosa Plan 2006 Proposal - revised plans Proposal Existing Approval
Compliance 2017
Population density – 250 persons/ha = 122.1 persons (37 x 3 bedroom 122.1 persons (37 x 3
maximum population of 246.32 persons units) bedroom units)
Based on Attached Housing zone area:
Lot 7- 5185m2
Lot 8 - 4668m2
Total 9853m2
Gross Floor Area – max pop x 40 = 9852.8m2 9250m2 9277m2
Site cover - 40% = 3941.2 m2 33% 3519 m2
Landscaping - 3663m2 5994m2 Complies
60% soft landscaping 4215m2
Roof form - 5 degree minimum pitch 3 degree roof pitch for main roof x 4 % roof pitch
and 600 mm eaves form. Eaves provided
Eaves provided
Eaves provided for 75% perimeter of building Eaves provided 75%
Boundary setbacks
• Frontage -6.0m Complies Complies
• Northern Side – half building height Areas of noncompliance similar x 3.87m to 7.6 metres
• Southern Side - half building height to approved setbacks 6.0metres
• Rear – 6.0m Complies - minor basement Greater than 6.0m,
encroachment as approved minor basement
previously encroachment
Building Height
• in storeys - 4 storeys max 4 storeys • in storeys - 4 storeys
• in metres - 15 metres max 15.8 metres x • in metres – 15.8
metres
Length of wall
• 15 metres with one design element • complies • complies
• variation in roof forms • variation in roof forms • variation in roof forms
• segmented balconies • segmented balconies • segmented balconies
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Carparking - 2 covered space per dwelling unit complies complies
and 1 space per 4 dwelling units for visitor parking.
The revised plans maintain the approved built form for the site whilst providing for subtle changes to the
overall character of the building. The changes and areas of non-compliance are still considered minor and
do not impact on the amenity of the area.
Roof pitch
The revised plans detail a revised roof pitch of 3 degrees for the main roof form with secondary roof lines of
up to 9 degrees. The 2017 approved plans detail and approved a 4 degree main roof pitch.
The applicant has revised the roof form to provide a simplified structure that will not be imposing to the
surrounding area and yet still includes variation through different roof lines. Due to the overall height of the
building, variation of the balconies, multiple roof and eave lines the reduced roof pitch does not detract from
the character of the area or building.
Height
Council has previously agreed to relaxations on the site for height on the basis that the sites slope down
from the road and the buildings are set down below the road and are not visible to the surrounding area.
The revised plans maintain the overall height that was approved however increases the height of an area
previously approved at 15.5 meters to 15.8 meters whilst reducing other areas.
The applicant has attempted to simplify the roof form whilst providing variation to the overall building in
terms of balcony and façade treatments and notes that the additional area of encroachment is located to the
centre of the building and will not be readily visible. The project architect details that:
• The overall encroachment is the same if not less.
• The encroachment areas have not been increased they have been moved.
• The encroachment has been pulled away from the street to reduce the visual impact.
• The portion at the middle of the roof, is on a clerestory roof that is generally less visible than the
primary roof.
2017 Approved perspective - height
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2018 Proposal perspective – height
Setbacks
As part of the refinement of the proposal plans the applicant has revised the side boundary setbacks in
relation to height. The areas of non-compliance are still minor and reflective of the existing approved
setbacks providing sufficient area for landscaping and building separation.
Grounds in support of the proposed changes include, but are not limited to the following:
• there are no significant changes to the built form in terms of scale, bulk and appearance,
• there is no increase in the number of units or population density of the development;
• the building design is consistent with the character of the area
• there are no changes in traffic generation and therefore no additional impacts on the existing
driveway access;
• the areas of non compliance are minor and are consistent with the current approvals relevant
for the site;
• the proposed changes are consistent with the existing development conditions; and
• the revised plans provide a building with greater articulation and usable landscaped areas.
Conclusion
The applicant wishes to make a change to the existing approval by changing the approved plans to reflect a
revised building design that is more relevant to the current market. The change is requested to be
favourably considered by Council.
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The following documents are attached for Council’s information:
1. Completed Form 5;
2. Proposal Plans; and
3. Decision Notice and Approved Plans MCU16/0143.
Please contact me at our Sunshine Coast office if you require any further information and/or clarification.
Yours faithfully,
Nadine Gorton
Senior Town Planner
martoo consulting pty. ltd