Minor Change - Costa Nova- Planning Report · 51981.4258.02

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Table of Contents

Important Note

1.

2.

RG Strategic

Summary

Development Intent
2.1 Development Background
2.2 Proposed Minor Change

Minor Change Planning Assessment
3.1 Planning Act 2016
3.2 Car Parking

Proposed Amendment to Conditions

4.1 Existing Condition 2- Car Parking

4.2 Proposed Amendment to Condition 2
4.3. Additional Condition — Floor Plan

Conclusion

Planning Report — Minor Change Application

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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 Derek Lindsay ("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;
e this report may not be relied on by a Third Party; and

e RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim

arising out of or incidental to a Third Party; and

e publishing, using, or relying on the facts, content, opinions, or subject matter

contained in this report.

lf a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any

loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.

In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking 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 Derek Lindsay. The purpose
of this report is to seek approval for a Minor Change Application to amend the following of Decision
Notice TPC 1441 of the property known as Costa Nova:

e Amend Condition 2 (Car Parking) and
e Include new condition (New Plan).

The subject site is located at Unit 3, 1 Belmore Terrace, Sunshine Beach Qld 4567 and if formally
described as Lot 21 on BRP9851.

Costa Nova currently consists of 18 x Multiple Dwellings Units with associated guest facilities,

management and reception facilities, and 26 off-street car parking spaces.

The 2007 deed of variation authorises the caretaker/letting agent to exclusively occupy those parts
of the common property hatched and marked on plan “A" attached to the deed for the purposes

of storage. An excerpt of the plan is below:

 

The proposed Minor Change seeks to convert part of the existing storeroom into a Manager's Office

and an increase the bedroom count from 2 to 3 for Unit 3. Refer to Appendix A Proposed Plan.

This report should be read in conjunction with the accompanying DA Form and Appendices. The
development is appropriate and is not anticipated to impact upon the amenity of any of the
immediate neighbouring properties, the local plan area or the streetscape. Council's approval of

the application is therefore sought.

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2. Development Intent

2.1. Development Background

On 20 July 1988, Council approved a TPC 1441 for a multiple dwelling (18 units) at the corner of The

Esplanade and Belmore Terrace, Sunrise Beach.

Copies of the above Decision Notice and Approved Plans are enclosed within Appendix B.
2.2 Proposed Minor Change

The proposed Minor Change encompasses the following modifications:
e Conversion of part of the existing storeroom into a Managers Office.
e Transformation of the current office/reception space into a third bedroom within Unit 3.

These adjustments aim to enhance the functionality and spatial arrangement of the development.
The conversion of the storeroom will contribute to the creation of a dedicated Managers Office
space. The change of the office/reception area into a third bedroom addresses the needs of the
unit. These changes are intended to optimise the use of space and improve the overall design and

functionality of the development.

Please refer to Figure 2 and 3 below. The minor change does not increase GFA and there is sufficient

car parking as outlined further in Section 3.3 of this report.

 

 

 

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RG Strategic

Planning Report — Minor Change Application

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3. Minor Change Planning Assessment

3.1. Planning Act 2016

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 1 below:

 

 

 

 

 

‘Substantially different’ development Comment

Involves a new use No new use is involved in this application.

Results in the application applying to a No new land is part of this change application.

new parcel of land

Dramatically changes the built form in No changes to the external built form is proposed.
terms of scale, bulk, and appearance

Changes the ability of the proposal to The proposed minor change does need impact the

operate as intended
ability for the proposal to operate as intended.

 

Removes a component that is integral to | As discussed, there is no change to the existing

the operation of the development
operations.

 

 

 

 

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‘Substantially different’ development

Comment

 

Significantly impacts on traffic flow and
the transport network, such as increasing
traffic to the site

The proposed change highlights that there is ample
car parking space for the development to fully

comply with TPC 1441.

 

Introduces new impacts or increases the
severity of known impacts

The proposal will not create any new impacts or
increase the severity of known impacts as the
proposed car parking spaces (#26) ensures the

proposal fully complies with the TPC 1441.

 

Removes an incentive or offset
component that would have balanced a
negative impact of the development

No incentive or offset component will be impacted

as a result of the proposed Minor Change.

 

Impacts on infrastructure provisions

The proposed Minor Change will not impact upon

any infrastructure network.

 

 

 

 

3.2. Car Parking

Condition 2 of TPC 1441 stipulated the necessity for a minimum of 23 off-street car parking spaces,
comprising 18 covered spaces and 5 uncovered spaces. The development has successfully met this
requirement by offering an ample parking area, which includes 21 covered spaces and 5 uncovered
spaces. In essence there is 3 additional carparking available for use on site, excess to the approved

requirement. Please refer to the Table 2 below:

Use 1985 Planning Scheme TPC 1441 Car Parking Provided

18 covered spaces 21 covered spaces

1x covered parking space

per dwelling unit +1

Multiple Dwelling 5 uncovered spaces 5 uncovered spaces

uncovered visitor spaces

for every 4 x units = 23 Total

= 26 Total

Previously, the Managers Office was closely integrated into the manager's unit due to the dual role
played by the individual. However, acknowledging the necessity for a more defined and
independent reception space, the current development aims to establish a distinct area dedicated
to this purpose. This separation will not only improve the efficiency of the reception area but also
redefine the living space for Unit 3. The provision of additional car parking complements this

essential modification in the development.

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4. Proposed Amendment to Conditions

Condition 2 is required to be amended and additional condition is to be added to reflect the minor
change to the approved plans. It is suggested that Condition 2 and the additional condition are to

read as follows:
4.1 Existing Condition 2- Car Parking

19 Provision of at least 23 off-street car parking spaces, comprising 18 covered spaces and 5
uncovered spaces, and access thereto which are to be provided with a sealed pavement
and designed, drained, constructed and maintained in accordance with the Town Planning
Scheme, Council's Policies and to the reasonable satisfaction of the Shire Engineer. Plans
and specifications for these works are to be submitted to the Shire Engineer for approval in

conjunction with the Building Application.
4.2 Proposed Amendment to Condition 2

19 Provision of at least 25 off-street car parking spaces, comprising 20 covered spaces and 5
uncovered spaces, and access thereto which are to be provided with a sealed pavement
and designed, drained, constructed and maintained in accordance with the Town Planning

Scheme, Council's Policies and to the reasonable satisfaction of the Shire Engineer.
4.3 Additional Condition — Floor Plan

The approved development shall include the submission of a permissible plan, outlined below, that
clearly delineates the reception area and specifies the layout of an additional bedroom in Unit 3 .
The plan, referenced by Drawing No. A.201 Rev A, titled 'Proposed Floor Plan by Icon Venues’ and
dated 15/11/2023, shall be submitted for review and approval by the relevant authorities. Any
modifications to this approved plan must be submitted for further approval before

implementation.

 

Drawing No Rev Description Date
A.201 A Proposed Floor Plan by Icon Venues 15/11/2023

 

 

 

 

 

 

 

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5. Conclusion

As demonstrated in this report, the proposal complies with the definition of a Minor Change and is
consistent with the intent of the original approval. This report demonstrates that the proposed
development is permitted pursuant to the provisions of the Planning Act 2016 and fully complies with

the most relevant provisions in the Noosa Plan 2020.

The proposed adjustments outlined above aim to optimise the use of space and improve the overall
design and functionality of the development. The conversion of the storeroom will contribute to the
creation of a dedicated Managers Office space, while the transformation of the office/reception

area into a third bedroom addresses the evolving needs of the unit.
The proposed Minor Change can be supported on a number of grounds as detailed below:

e The proposal can be defined as a Minor Change to Approval in accordance with Schedule
1 of the Planning Act 2016;

e The proposal is consistent with the outcomes sought by the Noosa Plan 2020; and

e The proposal is consistent within the intent of the Decision Notices (TPC 1441).

Approval of the proposed Minor Change is recommended. We look forward to Council processing
the application at its earliest convenience. Should you require any additional information or have

any queries please to not hesitate to contact us.

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