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Minor Change Request - lamer boardwalk amendments 03.24 · 51986.3023.05

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                                                                  Pivotal Perspective Pty Ltd
                                                 Local and International Development Planning
                                                                      4/59 Mary St, Noosaville
                                                                           QLD, Australia 4565
                                                              [email protected]
                                                                            +61 0406 334 227




25 March 2024


Planning
Noosa Council
[email protected]


RE: Minor Change Request – TPC1845 – Main Beach Boardwalk Wall and
Landscaping Amendments

Background

On the 21 November 1987, Council approved nine (9) Multiple Dwelling Units and four (4)
Shops at 37-39 Hastings Street, Noosa Heads. The original approval includes 34
conditions.

In April 2015, Council approved a change to the existing approval for renovation to the
building subject to additional Conditions 35 and 36.

On 17 November 2020, Council approved a change to the existing approval for renovation
to the swimming pool and open space area fronting the beach subject to amended
Condition 21 and additional Conditions 37 – 43.

On 3 November 2022, Council approved minor changes to the Hastings Street façade and
landscaping areas subject to amended condition 44 and a new condition 45.

Proposal

The applicant seeks to change a small portion of glass balustrade to a masonry wall and
enhance the garden along the Main Beach Boardwalk (adjacent to the boundary). The
proposal is sought as the development has trespassing issues - as the current built form
allows easy unlawful entry to the property. The masonry wall provides a safe and secure
barrier and will match the existing western beach side entry. The garden is proposed to be
enhanced to screen the wall with a landscaping plan provided as part of this package.

The proposal fully complies with the Noosa Heads Local Plan, Tourist Accommodation
Zone code and the Dual Occupancy and Multiple Dwelling code.
Full text of the other 5 pages

Page 2

                                                                              Pivotal Perspective Pty Ltd
                                                             Local and International Development Planning
                                                                                  4/59 Mary St, Noosaville
                                                                                       QLD, Australia 4565
                                                                          [email protected]
                                                                                        +61 0406 334 227




Figure 1 - Minor changes to the wall




Figure 2 - Elevation of changes. The wall will match the western entry wall.

Page 3

                                                                          Pivotal Perspective Pty Ltd
                                                         Local and International Development Planning
                                                                              4/59 Mary St, Noosaville
                                                                                   QLD, Australia 4565
                                                                      [email protected]
                                                                                    +61 0406 334 227




Figure 3 – Existing conditions and proposed render changes

Page 4

                                                                   Pivotal Perspective Pty Ltd
                                                  Local and International Development Planning
                                                                       4/59 Mary St, Noosaville
                                                                            QLD, Australia 4565
                                                               [email protected]
                                                                             +61 0406 334 227



Minor Change Test

An assessment against the meaning of minor change and a response about the proposed
application is provide below. The Planning Act 2016 defines a minor change as a change
to the approval that:

     i. would not result in a substantially different development*;
            (*In determining whether the proposed change would result in substantially
            different development, the assessment manager or referral agency must
            consider the individual circumstances of the development, in the context of
            the change proposed.)

            A change may be considered to result in a substantially different development
            if the proposed change:

              -   Involves a new use; or

     Response: The proposed development does not change the existing use but are
     minor aesthetic modification to the beach side entry for security purposes.

              -   Results in the application applying to a new parcel of land; or

     Response: No new parcels of land are applicable.

              -   Dramatically changes the built form in terms of scale, bulk and
                  appearance; or

     Response: There are no changes to bulk or scale of the existing development with
     the changes minor in nature.

              -   Changes the ability of the proposed development to operate as
                  intended; or

     Response: The site will still be used for residential purposes.

              -   Removes a component that is integral to the operation of the
                  development; or

     Response: There are no components being removed from the development integral
     to the operation of the development.

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

     Response: No change

              -   Introduces new impacts or increases the severity of known impacts; or

     Response: No new impacts are introduced.

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

     Response: The proposal does not remove an incentive or offset.

Page 5

                                                                   Pivotal Perspective Pty Ltd
                                                  Local and International Development Planning
                                                                       4/59 Mary St, Noosaville
                                                                            QLD, Australia 4565
                                                               [email protected]
                                                                             +61 0406 334 227



              -   Impacts on infrastructure provisions.

     Response: No change.


     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

     Response: The change does 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

     Response: No referral agencies were applicable to the original application.

            C. referral to extra referral agencies, other than to the chief executive; or

     Response: No referral agencies are applicable to the current development. The site
     is located outside of the Coastal Management District.

            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

     Response: The proposed change would not result in the chief executive having to
     consider matters additional to those considered when the application was made.

            E. public notification if public notification was not required for the
               development application.

     Response: The change does not require the application to be publicly notified.

Given the above, the proposed change to the existing approval is a minor change in
accordance with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development
Assessment Rules.

Page 6

                                                                     Pivotal Perspective Pty Ltd
                                                    Local and International Development Planning
                                                                         4/59 Mary St, Noosaville
                                                                              QLD, Australia 4565
                                                                 [email protected]
                                                                               +61 0406 334 227



Deciding the Request

In accordance with S81 of The Planning Act 2016, Council must only consider the
information provided and any other matter considered relevant, including — all matters
Council would or may assess against or have regard to if the change application were a
development application.

Council must only consider the statutory instrument, or other document, as in effect when
the development application for the development approval was properly made. However,
may give weight they consider appropriate, in the circumstances, to—

      (a) the statutory instrument or other document as in effect when the change
      application was made (Superseded Planning Scheme); or
      (b) if the statutory instrument or other document is amended or replaced after the
      change application is made but before it is decided—the amended or replacement
      instrument or document; or
        (c) another statutory instrument—
               (i) that comes into effect after the change application is made but before it is
               decided; and
               (ii) that the responsible entity would have been required to consider if the
               instrument had been in effect when the development application for the
               development approval was properly made.

The proposed changes are in keeping with the existing approval and provides for
landscaping consistent with the existing approval and provides for a similar sized
landscaping area along the coastal frontage. The species have been chosen in accordance
with Council’s Policy for Landscaping (main banksia spp.) complementing and enhancing
the existing appearance from within the site and from the beachfront, consistent with the
requirements of The Noosa Plan 2020.

If you have any further queries in relation to the above, please do not hesitate to contact
myself.

Regards,




Jack Lewis B.Sc Hons UNSW M.Plan Otago RPIA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227

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