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Planning Report - 2-61 Noosa Parade
Town Planning Report Request for a Minor Change to the Conditions specified within the Decision Notice Unit 2 / 61 Noosa Parade, NOOSA HEADS 4567 QLD Lot 0 + 2 on GTP472 Dean Savins
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Page 2
Table of Contents
Important Note 2
1. Summary 3
2. Background 4
3. Development Intent – Proposed Change 5
4. Proposed Change to Conditions 8
4.1 Request: Additional Condition 8
5. Planning Assessment 9
5.1 Development Codes 9
5.2 Minor Change 17
6. Conclusions 19
RG Strategic Planning Report – Minor Change Application 1
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced by any
process without the written consent of RG Strategic. All enquiries should be directed to RG Strategic.
We have prepared this report for the sole purposes of Dean Savins (“Client”) for the specific purpose of
demonstrating the proposed use as being permitted under the Noosa Plan 2020 (“Purpose”). This report
is strictly limited to the purpose and the facts and matters stated in it and does not apply directly or
indirectly and will not be used for any other application, purpose, use or matter.
In preparing this report we have made certain assumptions. We have assumed that all information and
documents provided to us by the Client or as a result of a specific request or enquiry were complete,
accurate and up to date. Where we have obtained information from a government register or database,
we have assumed that the information is accurate. Where an assumption has been made, we have not
made any independent investigations with respect to the matters the subject of that assumption. We are
not aware of any reason why any of the assumptions are incorrect.
This report is presented without the assumption of a duty of care to any other person (other than the
Client) (“Third Party”). The report may not contain sufficient information for the purposes of a Third Party
or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
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• publishing, using, or relying on the facts, content, opinions, or subject matter contained
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measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs, compensation,
interest and any other direct, indirect, consequential or financial or other loss.
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1. Summary
RG Strategic has prepared this development application on behalf of Mr Dean Savins. The purpose of the
application is to seek approval for a Minor Change to Development Approval TPC 808, under the
provisions of the Planning Act 2016, to include an additional condition recognising two minor structures
now present within the approved Unit 2 at 61 Noosa Parade, Noosa Heads.
The subject land is formally described as Lot 2 on GTP472, with a small portion of the associated
structure extending into Lot 0 on GTP472, being common property subject to an Exclusive Use Area
(EUA) allocated to Lot 2. Formal Body Corporate consent has been obtained to support the structures
occupying the EUA.
The Minor Change seeks retrospective approval for the following built form elements:
• A Vergola-style louvred roof structure above an existing, approved spa, measuring 2.95m x
2.95m x 2.4m (h), located within the front setback at 1.75 meters from the Noosa Parade
boundary; and
• A small awning extension from the first-floor balcony, measuring 4.55m (w) x 1.25m, located
6.55 meters from the front boundary, consistent with setback requirements.
The structures provide weather protection and increased utility of the private open space and entrance.
Their total area and impact are minor:
• The spa roof adds 8.7m², equating to 1.42% additional site cover,
• The balcony awning adds 5.68m², equating to 0.93% additional site cover, and
• The combined total of 14.38m² represents just 2.35% site cover for the site.
No other changes to the approved built form, use, layout, or density are proposed.
This application seeks to include an additional condition on the development approval that references
the updated plan set showing the above structures, in order to regularise the works and ensure full
consistency between the approval and what has been constructed on site.
The proposed change:
• Does not result in a substantially different development under Schedule 2 of the Planning Act
2016,
• Is compliant with the intent and relevant Performance Outcomes of the Noosa Plan 2020,
particularly those of the Medium Density Residential Zone Code, despite minor non-compliance
with Acceptable Outcomes for setbacks,
• Remains consistent with the original 1973 Planning Scheme that governed the original approval
and remains relevant through transitional provisions,
• Is supported by a high-quality landscape and built form outcome consistent with the existing
streetscape character of Noosa Parade, and
• Has no adverse impact on neighbouring amenity, privacy, streetscape, or the use of adjoining
properties.
This report is accompanied by a covering letter, DA Form 5, and appendices including the proposed
architectural plans, the current Decision Notice, and the approved plan set.
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Council’s support is respectfully sought for this Minor Change application, subject to the inclusion of a reasonable and relevant condition formalising the spa structure and awning as shown on the submitted plans. The property owner has obtained formal consent from the Body Corporate for improvements within the Exclusive Use Area of Lot 0 GTP472 associated with Lot 2. The Minutes of the Ensenada CTS 2019 Body Corporate meeting held on 11 October 2024 confirm this approval. A copy is included in the owner’s consent documentation accompanying this application. 2. Background A Town Planning Consent TPC 808 for Multiple Dwellings containing three units was approved on 9 February 1979. On 19 November 2004, Council approved a Minor Change to include spas within the frontage of each of the three units. On 15 December 2005, Council approved a Minor Change relating to carport for Unit 3. A copy of the Decision Notice (2004) and associated Approved Plans is included at Appendix B to this report for reference. RG Strategic Planning Report – Minor Change Application 4
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3. Development Intent – Proposed Change
This report seeks approval for a Minor Change to Development Approval TPC 808 under the provisions of
the Planning Act 2016, specifically to include an additional condition recognising two minor, built form
additions associated with Unit 2 at 61 Noosa Parade, Noosa Heads, formally described as Lot 2 on
GTP472.
The proposed minor change seeks retrospective approval for the following structures:
• A Vergola-style louvred roof cover over an existing, approved spa, measuring 2.95m x 2.95m x
2.4m (h), and located within the front boundary setback, at a distance of 1.75 metres from the
front boundary; and
• A small awning extension projecting 1.25 metre from the first-floor balcony, measuring 4.55
metres wide, and located 6.55 metres from the front boundary.
Combined, the structures result in a total additional roofed area of 14.38m², equating to 2.35% of site
cover, as follows:
• The spa roof contributes 8.7m² (1.42% site cover);
• The awning contributes 5.68m² (0.93% site cover).
All other aspects of the existing built form and use remain unchanged.
While the majority of the proposed works are contained wholly within Lot 2, a small portion of the spa
structure and its supporting posts extend into the Exclusive Use Area (EUA) of Lot 0 on GTP472, for
which the applicant holds exclusive use rights. To this end, body corporate consent has been obtained,
with the Ensenada CTS 2019 approving the improvements for Lot 2 at their general meeting on 11
October 2024. The approved works are clearly shown on the plans submitted with this application.
The spa structure is almost entirely located within Lot 2, with only the support posts and a minor portion
of the roof structure projecting into Lot 0 on GTP472, which is common property. This small area is
subject to an Exclusive Use Area (EUA) allocated to Lot 2 under the Community Management Statement.
As such, the applicant has lawful rights of exclusive use, and formal Body Corporate consent has been
obtained in accordance with the Planning Act 2016, Schedule 2, definition of “owner”.
Figures 1 and 2 provide the updated plan and elevation drawings prepared by JRLD Design + Landscape,
illustrating the two structures the subject of this application. These plans are included in Appendix A.
To assist in contextualising the scale and design of the structures, photographic evidence has also been
included. These images confirm that the structures are visually recessive, non-enclosed, and consistent
with the established character of Noosa Parade.
• Figure 3 shows the spa roof structure as viewed from Noosa Parade, demonstrating that it is
fully screened by the front wall and landscaping, with no visibility from the street.
• Figure 4 shows the first-floor awning, confirming its modest scale, simple design, and
integration with the existing building form.
The proposed change remains entirely consistent with the original development intent and facilitates
recognition of two minor, domestic-scale structures. The change does not result in a substantially
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different development and satisfies all requirements for a Minor Change under Schedule 2 of the Planning Act 2016. Figure 1 - Plan view Figure 2 – Elevations RG Strategic Planning Report – Minor Change Application 6
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Figure 3 – Spa Structure Street View Figure 4 – Front Awning RG Strategic Planning Report – Minor Change Application 7
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4. Proposed Change to Conditions
This application seeks to amend the existing approval TPC 808 by including a single additional condition
that reflects the two minor built form additions now proposed for approval.
As there is no consolidated Decision Notice for TPC 808, it is acknowledged that Council may undertake
renumbering of conditions as part of the Minor Change approval process. The following condition is
proposed to be inserted at the end of the renumbered suite:
4.1 Request: Additional Condition
Additional Condition – [Insert Date of Council Decision]
Development must be carried out generally in accordance with the approved plans listed below, unless
otherwise amended by a condition of this approval.
Plan No. Rev. Plan/Document Name Date
2334 01 Landscape Concept, Front Courtyard prepared May 24
by JRLD Design + Landscape
Justification: This condition is necessary to ensure the retrospective structures — the spa vergola and
first-floor balcony awning — are clearly recognised as part of the approved development. The proposed
works are minor in scale, do not affect the overall development intent, and have been assessed against
the relevant provisions of the Noosa Plan 2020, including those related to built form, setbacks, and
amenity.
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5. Planning Assessment
The proposed Minor Change can be supported on a number of grounds as detailed below:
• The proposal can be defined as a Minor Change to Approval in accordance with Schedule 2 of
the Planning Act 2016,
• The proposal is consistent with the outcomes sought by the Noosa Plan 2020,
• The proposal is consistent with the 1973 Planning Scheme, and
• The proposal is consistent with the intent of the Decision Notice (TPC 808).
5.1 Development Codes
The development codes applicable to the proposed Minor Change are:
• Noosa Heads Locality Code,
• Medium Density Residential Zone Code,
• Dual Occupancy and Multiple Dwelling Code; and
• Engineering Works Code.
A review of the development codes has been undertaken with the Minor Change complying with the
intent of the Performance Outcomes and Overall Outcomes of the abovementioned codes.
When considering the Medium Density Residential Zone Code, the following are considered most
relevant in this applications assessment.
PO 8 – Building Height
The proposed minor change does not alter the height or storeys of the approved building. The additions
are both low-rise elements and are fully subordinate to the main built form.
• The spa cover is a vergola-style, open-roof structure at 2.4 metres high, situated at ground level.
It is concealed behind a 2.0m high side boundary wall and a 1.8m high front fence, with mature
vegetation to the street frontage providing further screening.
• The awning extension projects 1 metre from the existing upper-level balcony, maintaining the
building’s original height and line, with no additional storey or vertical mass introduced.
In response to PO8:
• The additions are low-rise and entirely consistent in scale with structures on adjoining and
nearby sites (e.g. 28, 30, 34, 52, 65 and 86 Noosa Parade), which also include built elements
within front setbacks or open courtyards.
• The spa cover sits below the line of the upper storey, and alongside the awning, presents a
visually balanced and layered building elevation which is consistent with the varied articulation
and openness of the Noosa Parade streetscape.
• Both structures are visually recessive, do not dominate the street or surroundings, and are well
integrated into the existing design.
• No views are obscured, and the vegetated skyline is maintained, with the cover and awning fully
below the surrounding tree canopy.
• The proposal does not result in overshadowing of adjoining premises.
• The development remains two storeys, fully complying with the acceptable height and storey
provisions of the zone.
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PO 9 – Building Scale and Bulk
The proposed spa vergola structure and first-floor balcony awning are both modest in scale and do not
introduce any additional building bulk that would be out of character with the surrounding area or
existing built form. In support of this:
• The spa cover is a light-weight, open-frame vergola structure with a maximum height of 2.4
metres. It sits behind a 2.0m boundary wall and is partially screened by mature landscaping and
fencing, significantly reducing its visual presentation to the street and adjoining properties.
• The awning is a minor cantilevered extension (4.55m x 1.25m) from the existing first-floor
balcony. It maintains architectural continuity and integrates seamlessly with the existing built
form. Its scale is consistent with typical balcony or shading elements observed within the
streetscape.
• Combined, the structures add only 14.38m² (2.35% site cover) to the approved development
and do not contribute perceptibly to mass or scale when viewed externally.
• The architectural design ensures there is no excessive massing or dominance. The additions
retain articulation, openness, and a lightweight appearance, all of which are consistent with the
design intent of the original approval and the expectations of the Medium Density Residential
Zone.
• The built form remains well below the 40% maximum site cover and does not exceed the
approved building envelope. The additions are sympathetic to both the original approval TPC
808 and the existing character of Noosa Parade, where similar forward-located and minor
structures are evident.
• These structures do not detract from the subtropical landscape setting, nor do they diminish the
spatial separation and visual relief expected between buildings in the zone.
PO 10 - Site Cover
The existing approved development has a site cover of 31.96%. The proposed additions contribute a
further 2.35% site cover, comprising,
• Spa roof structure: 8.7m² or 1.42% of site area, and
• Balcony awning extension: 5.68m² or 0.93% of site area.
This results in a total site cover of 34.31%, which remains well within the 40% maximum site cover
permitted under both the Noosa Plan 2020 and the 1973 Planning Scheme.
PO 12 – Building Setbacks
Two new built elements are included in this application:
1. A spa roof structure, set back 1.75 metres from the front boundary; and
2. A first-floor awning extension, projecting 1.25 metre from the upper-level balcony and set back
6.55 metres from the front boundary.
The awning extension is entirely within the building envelope and meets the minimum 6.0 metre front
setback requirement under the Medium Density Residential Zone Code. It does not require
performance-based assessment.
The spa structure, however, projects into the front setback and therefore requires assessment against
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Performance Outcome PO12 of the Zone Code.
Buildings and structures are designed and sited to:
a) provide a high level of amenity to users of the subject site and adjoining premises,
including provision of visual and acoustic privacy;
b) not unreasonably obstruct views or cause overlooking of private open space or
habitable areas of adjoining premises;
c) provide adequate distance from adjoining land uses;
d) preserve existing vegetation that will help buffer development;
e) allow for space and landscaping to be provided between buildings including adequate
area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
f) be consistent with the predominant character of the surrounding area; and
g) protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
Assessment
The spa cover complies with PO12 for the following reasons:
• Provides shade for the users and does not cause overlooking of the neighbouring property as the
structure does not allow higher habitable areas to cause overlooking.
• The structure provides additional privacy to the users of the spa and the users of the
neighbouring balcony which overlooks this area. Improves reverse amenity effects.
• Acoustic privacy is maintained as it does not allow users to be closer to sensitive receptors than
already permitted.
• Views are not impeded as there are no significant views from these properties.
• Access to sunlight or overshading is minimal as the slimline structure sits only slightly above the
dividing wall (by 200mm) and the neighbouring property is already shaded by mature urban
vegetation and the dividing wall. See Figure 5 below for an example of the slimline structure.
• Sits neatly behind the dividing wall and has little to no impact on the nearest neighbouring
property therefore provides adequate distance.
• Is unlikely to be seen from the street given the 1.8m high front fence and the existing mature
vegetation between the structure and the street which block and filters the view. The colour of
the structure and its design, ensure it is complimentary to the existing built form of the 3 units in
the complex and when viewed from the street simply blends into this existing built form.
• Existing mature trees are retained in a landscaped setting providing a green back drop and
hiding the structure from the street and surrounding area. See Figures 6, 7 and 8.
• The setback is consistent with the predominant character of the surrounding area given that the
following sites have reduced setbacks for some structures in the front setback. Reduced
setbacks occur at 28, 30, 34, 52, 65,73, 80, 82, and 86 Noosa Parade. See Figures 9, 10, 11 and
12. A number of these approvals and constructions occurred in planning schemes pre 2000
when the current site was approved.
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• Does not adversely impact on any ecologically important areas.
When considering the above matters, the spa cover fully complies with PO12.
PO 14 – Streetscape
The proposed minor additions — a spa vergola cover and an awning extension to the first-floor balcony
— contribute positively to the locality and streetscape through their modest scale, architectural
integration, and sensitive siting:
• Visual Interest and Articulation: The lightweight vergola introduces a subtle design feature that
enhances the usability and presentation of the front courtyard without dominating the façade.
The small awning on the first floor is an architecturally consistent extension of the existing
balcony form, offering subtle articulation to the street-facing elevation.
• No Dominance or Visual Impacts: Both structures are recessive in nature:
o The spa cover is located at ground level, set behind a 2.0m boundary wall, and is
partially screened by a 1.8m high front fence and mature vegetation.
o The awning is a slimline projection from the existing balcony, not visible from oblique
street angles due to the generous 6.55m front setback and its location beneath the
upper eave line.
As a result, neither structure visually dominates the street or neighbouring properties.
• Streetscape Compatibility: The proposal sits comfortably within a landscaped setting, with
existing planting in front of the spa area retained. The additions maintain the site’s vegetated
interface with the street, which is a hallmark of Noosa Parade’s character. The surrounding
streetscape also contains several examples of minor structures within front setbacks (e.g. No's.
30, 34, 52, and 65 Noosa Parade), reinforcing the appropriateness of these additions.
• No Adverse Amenity Impacts:
o The spa cover enhances visual and acoustic privacy for users and neighbours by
providing screening without contributing to bulk. It does not result in any overlooking,
overshadowing, or loss of views.
o The awning also does not cause any overlooking or loss of amenity. It is designed for
shade rather than as a habitable area, and its elevation and projection are minimal.
• Small-Scale Built Form: These are minor, incidental additions to an existing three-unit building
— not large or bulky structures — and do not alter the perception of the development from the
public realm. They read as architectural enhancements rather than new built form.
The proposal satisfies the intent of PO14 by respecting and reinforcing the prevailing streetscape
character, maintaining amenity for adjoining properties, and ensuring the development continues to sit
within a landscaped and well-integrated setting.
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Figure 5 - Pergola structure - lightweight and slimline Figure 6 - Pergola structure – view from Noosa Parade RG Strategic Planning Report – Minor Change Application 13
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Figure 7 - Pergola structure – view from Noosa Parade footpath and adjoining property west Figure 8 - Pergola structure – view from Noosa Parade footpath and adjoining property east RG Strategic Planning Report – Minor Change Application 14
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Figure 9 – 28 Noosa Parade Figure 10 – 30 Noosa Parade RG Strategic Planning Report – Minor Change Application 15
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Figure 11 – 34 Noosa Parade Figure 12 – 54 Noosa Parade RG Strategic Planning Report – Minor Change Application 16
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5.2 Minor Change
In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means 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, 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.
In respect of whether the change results in a ‘substantially different’ development, assessment against
Schedule 1: Substantially Different Development Guideline contained within the Development
Assessment Rules, is provided in Table 2 below:
Table 1: Substantially Different Development Guideline
‘Substantially different’
Comment
development
Involves a new use
The residential use remains unchanged.
Results in the application applying to
No new land is applied over as part of this change
a new parcel of land
application.
Dramatically changes the built form
Does not dramatically change the built form.
in terms of scale, bulk, and
appearance
Changes the ability of the proposal to
The structures do not alter the use as intended.
operate as intended
Removes a component that is integral
The proposed minor change will not alter the residential
to the operation of the development
use of the development.
Significantly impacts on traffic flow and
No change to the existing traffic generation.
the transport network, such as
increasing traffic to the site
Introduces new impacts or increases
No new impacts are proposed and does not introduce the
the severity of known impacts
severity of known impacts as it remains a residential use.
Removes an incentive or offset
No incentive or offset component will be impacted as a
component that would have balanced a
negative impact of the development result of the proposed Minor Change.
Impacts on infrastructure provisions
The proposed Minor Change will not impact upon any
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‘Substantially different’
Comment
development
infrastructure network.
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6. Conclusions
This application seeks approval for a Minor Change to Development Approval TPC 808, relating to the
approved multiple dwelling development at Unit 2 / 61 Noosa Parade, Noosa Heads (Lot 2 on GTP472).
The proposed change seeks retrospective approval for a spa cover and a small awning extension from
the first-floor balcony.
The report has demonstrated the structures comply with the relevant Performance Outcomes of the
Noosa Plan 2020.
The application seeks to include an additional Condition to reflect the updated plans showing the
structures. The application is properly made, with the necessary body corporate consent obtained for
improvements within the Exclusive Use Area (Lot 0 GTP472) associated with Lot 2. The Ensenada CTS
2019 approved the works at its general meeting on 11 October 2024, with a copy of the minutes included
in the application package.
The proposal meets the requirements for a Minor Change under Schedule 2 of the Planning Act 2016, as
it:
• Does not result in substantially different development (see Section 5.2 and Table 2 of this
report);
• Does not introduce new uses or additional land;
• Would not require public notification or additional referral;
• Does not impact infrastructure demand, and
• Remains consistent with the original approval intent and built form.
The proposed structures are minor in scale and footprint, with a combined site cover of only 2.35%,
resulting in a compliant overall site cover of 34.13%, well within the 40% threshold under both the
Noosa Plan 2020 and the 1973 Planning Scheme.
The development complies with key provisions of the Medium Density Residential Zone Code, including:
• PO12 (Setbacks) – with the spa cover setback assessed and supported against performance
outcomes;
• PO8 (Building Height) – the structures are low-rise and subservient to the existing built form;
• PO9 (Scale and Bulk) – the additions are modest, do not create a sense of bulk, and are
compatible with surrounding development; and
• PO14 (Streetscape) – the proposal maintains a vegetated frontage, contributes positively to the
streetscape, and avoids visual intrusion or dominance.
It maintains full alignment with the Medium Density Residential Zone Code, the Dual Occupancy and
Multiple Dwelling Code, and the Noosaville Local Plan Code under the Noosa Plan 2020, as well as the
relevant provisions of the 1973 Planning Scheme and the existing Approval TPC808.
The proposed changes are respectful of the neighbourhood context, respond appropriately to built form
and amenity considerations, and preserve the visual and acoustic privacy of adjoining properties.
In light of the above, the Minor Change is entirely consistent with applicable planning instruments and
warrants Council's support, subject to reasonable and relevant conditions.
RG Strategic Planning Report – Minor Change Application 19
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rgstrategic.com.au RG Strategic Planning Report – Minor Change Application 20 [OCR of page images] 4 G i a OC STRATEGIC SOLUTIONS, CREATIVE THINKING