Planning Statement (002)

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2. THE DEVELOPMENT APPLICATION
This application seeks to change the approved plans in the following manner:

       Basement:
           o New fire stairs exit. Fire services have advised that a further fire exit is required
              from the basement and that the existing driveway grade is too steep for use as an
              exit. The fire stair exit has been located to minimise impacts on the surrounding
              area and complies with side boundary setbacks and fire requirements.

       Level 1:
           o Modified garden beds at front of site
           o Details of meter and booster areas at front of site
           o New fire stair exit along eastern side of building
           o Relocate bin area to rear of site
           o Diesel pump in south-western corner of site
           o Pool window to Gympie Terrace removed
           o Changes to ground level planters and pathways
           o Disable ramp at rear of building for access to lift

       Level 2:
           o Drop down pelmet provided to ceiling of each unit which results in height of
                 windows reducing 200mm.
           o Planter beds reduced along side of building.

       Level 3
           o Drop down pelmet provided to each ceiling of each unit, which results in height of
                windows reducing 200mm.
           o Planter beds reduced along side of building.

Attachment A provides plans of the proposal prepared by Chris Clout Design. The proposed
changes are a result of further design and development and fire service regulations.




3. COMPLIANCE WITH STATE PLANNING POLICIES
The proposal is for an urban activity within the Urban Footprint, and is located outside the Koala
Assessable Development Area. The proposal is compliant with the relevant State Regulatory Planning
Provisions.




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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
              (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 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 relate to the built
      form with regard to external appearance and as required by fire services.

      (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;



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     No dramatic changes to the built form. A new fire stair is proposed along the eastern side of
     the building which does not dramatically change the building as it is has been designed to
     taper along the eastern façade to a landscaped terrace. The fire stair slightly increases site
     cover however the building is still under site cover requirements. The fire stair is setback
     1.7metres off the site boundary and complies with side setback provisions of the scheme.

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

     The fire stair ensures compliance with fire regulations and does not change the approved use
     of the site.

     (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;

     Changes relate to the external appearance of the building and do not alter parking, access or
     traffic flows

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

     The changes to the pool and garden beds are mainly cosmetic and do not alter building form
     or use. As previously detailed the fire services have required an additional means of egress
     from the basement which has resulted in the provision of a fire stair on the eastern wall of the
     building. The fire stair has been designed to reflect the area required for the stairway which
     results in a sloping roof form that extends to a rear garden terrace. The stair is to be clad with
     aluminium battens to provide interest to the stairwell.

     It is noted that the adjoining premises to the east (Regatta Unit Complex) lodged a
     submission in response to public notification of the proposal. The grounds of the submission
     included:

             overlooking
             overshadowing
             building bulk
             vehicle noise
             construction times

     The proposed changes have been considered with regard to the issues raised by the
     submitter and the following is noted:

             the changes do not change the approved decks or window location and therefore
              viewlines are not altered
             the changes will not impact on shadow lines
             the changed fire stair is located at ground level, complies with side boundary
              setbacks, is articulated, utilises different building materials and does not affect view
              lines.
             The proposed changes do not alter the existing driveway and therefore do not affect
              vehicle noise.
             The proposed changes do not impact on construction times.

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 development.

The proposed changes are considered minor changes under the Act.




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4.2 Noosa Plan

The proposed alterations have been assessed against the provisions of the Noosaville Locality and
the Residential Uses Code and the development still complies with site cover and landscape
requirements. The new fire stair complies with setback requirements and has been located and
designed to minimise impacts on the adjoining site. The alterations do not impact on view lines
which were raised as being of concern to adjoining owners.

The approved plans have been assessed by MRP Hydraulic and Fire Services Consultants who
have advised that a diesel pump is required for the development. The consultant advised;

        The pump is required to ensure satisfactory D-T-S fire hydrant flows and pressures are achieved in
        accordance with the BCA and AS2419 and located at the rear because it was considered less
        favourable from a building design perspective at the front of the development.

        These diesel fire pump will be run and tested weekly in accordance with AS1851.

        Standpipes at the front of the development will be limited to the standard Unity water standpipes. All
        other fire fighting standpipes will be contained within the H-patter Booster Cabinet.

The pump requires a hardstand surround to comply with fire requirement and has been located to
the rear of the site to minimise impacts on the streetscape landscape presentation. The pump is less
than 2.20 metres high and will be screened from adjoining properties by the existing 2.6 metre high
fence. View lines will not be affected.


4.3 Draft Noosa Plan

The draft Noosa Plan includes the site in the Tourist Accommodation which details that Multiple
dwellings are Impact Assessable uses. The draft scheme includes different side boundary setbacks
to the current Noosa Plan of:

        From side boundaries:

                1.5 metres setback up to 4.5 metres height;
                2 metres setback between 4.5 metres 7.5 metres height; and
                2 metres plus 500 milimetres for every 3 metres or part thereof above 7.5 metres
                 height;

The proposed fire stair complies with the setbacks proposed under the draft Noosa Plan.

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 respond to technical requirements relating to fire safety.
                The proposed changes do not significantly alter the existing building or alter view
                 lines applicable to the approved building form.
                The proposed changes are consistent with the provisions of the Noosa Plan.

Please find attached:

        Change Form 5
        Attachment A – Proposal plans

The applicant will pay Councils fee upon receipt of a link for payment.


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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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Attachments (attached separately)
_______________________________________________________________________________

Attachment A – Proposal Plans




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