Cover Letter - Minor Change Application · 51997.2399.02

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                                                                                  Unit 3




Figure 1 – Site Photograph from Gympie Terrace

The development was approved by Council on 15 September 1998 (Council reference: 12517 TC).

On 9 December 2022, Council approved a minor change to the approval which allowed for a 2m x 5.4m
retractable awning to be established over the balcony associated with Unit 4.

The Proposal
The proposed minor change application seeks an approval to erect a retractable awning over the balcony
associated with Unit 3. The awning would have dimensions of 5.4m x 2m when fully extended and be
consistent with the awning approved for Unit 3

The location and extent of the awning is illustrated in Figures 2 and 3 below

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Figure 2 – Floor Plan




Figure 3 - Perspective view


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Figure 2 - Floor Plan

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Figure 3 - Perspective view

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The proposed retractable awning is situated above an existing balcony and consequently would not
contribute to any additional site cover. It would also be located within the existing footprint and maintain
setbacks.

The existing units were not provided with sufficient weather protection to the balconies, which were limited
to a small curved awnings. The proposed retractable awning would enhance liveability of the dwelling,
promote outdoor living and better respond to Noosa Shire’s subtropical climate.

Please refer to Attachment 1 - Proposal Plans for further details.

Changes to Plans of Approval and Conditions

As a result of approving the proposed changes, it is requested that the plans listed in the table below are
reflected in any change to approval decision notice. It is considered that no other change to the approval
would be necessary.

Approved Plans
 Plan No.             Rev.     Plan/Document Name                                         Date
 -                    -        Level 3 Plan, prepared by Greg Gibbs                       16 November
                               Architects (amended by Brennan Planning                    2022 (received
                               Pty Ltd)                                                   by Council)
                                                                                          As amended
                                                                                          10/10/2023

 -                    -        Elevation Plan, prepared by applicant                      5 September
                                                                                          2022 (received
                                                                                          by Council)
                                                                                          As amended
                                                                                          on 10/10/2023

Conditions

It is also recommended that Condition 27 of the approval be amended as follows:

The approved change to Unit 4 includes an inclusion to the upper-level awning. The approved awnings
associated with Units 3 & 4 must be All building works are to be contained within the confines curtilage of
the building of Unit 4 and is not to project beyond the existing balconyies.

Statutory Process

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change relates to
         a minor addition involving a retractable awning above an existing balcony associated with Unit 4;
    + The change would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

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For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor change’ to
the approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application:

(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.

(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in the
circumstances, to— (a) the statutory instrument or other document as in effect when the change application
was made;

The 1997 Strategic Plan was in effect when the original application was made.

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
In this circumstance, it is considered that weight should be afforded to the Noosa Plan 2020 when
assessing the proposed changes, as this document sets out the current planning intent for the Shire over
the next 20 years.

The proposed development would be associated with a Multiple Dwelling development under the Noosa
Plan 2020. The subject site is located within the Tourist Accommodation Zone and the Noosaville Local
Plan Area. A Multiple Dwelling is impact assessable, however, the following codes would be most applicable
to the assessment:
     + Noosaville Local Plan Code;
     + Tourist Accommodation Zone Code;
     + Dual Occupancy and Multiple Dwelling Code;
     + Works Code

The inclusion of the proposed retractable awning does not raise any issues against the abovementioned
codes except for front setback requirements. An assessment against most relevant outcomes is provided
below:

Table 1 - Assessment of Development Parameters (applying to entire site area)

                    The Noosa Plan 2020                 Proposal                               Compliance
                    (Acceptable Outcome)
 Building Height    3 storeys and 12m                   No change to maximum height            P
 Site Cover         45%                                 No change to site cover                P
 Side Setbacks      1.5m up to 4.5m in height; 2m       No change – awning is located          P
                    between 4.5m and 7.5m               approximately 3m from the
                                                        eastern side boundary
 Front setback      8 metres from the front             The proposed awning would be           O
                    boundary for the third storey       located 7m from the front
                                                        boundary with Gympie Terrace
                                                        once fully extended.

The proposed development is compliant with the key acceptable outcomes contained within the relevant
codes with the exception of front setbacks. An assessment against the corresponding performance
outcomes and overall outcomes relevant to each issue are discussed below:

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Front Setbacks

AO13.1
Except where otherwise specified in a local plan code, buildings and structures meet the following minimum
boundary setbacks:

Properties fronting 185-207 Gympie Terrace, 235-257 Gympie Tce or properties facing Thomas Street
where a mixed use building incorporating a non-residential use:
…

(b) 8 metres from the front boundary for the third storey;

PO13
Buildings and other 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, maintaining the visual continuity
     and pattern of buildings and landscape elements within the street; and
g)   protect the natural character and avoid adverse impacts on ecologically important areas such as the
     beach, Noosa River, national parks and other parklands.

The proposed retractable awning would have a minimum setback of 7m from its outer most projection to
the front boundary with Gympie Terrace once fully extended. Consequently, it does not comply with the
minimum rear setback of 8m pursuant to AO13.1. While not achieving the acceptable outcome, it is
considered that the proposed additions comply with Performance Outcome PO13 of the Tourist
Accommodation Zone Code for the following reasons:
+ the retractable awning would provide a high level of amenity for the users of the subject site in that:
      o the existing dwelling did not provide sufficient weather and sun protection to the balcony. The
           proposed retractable awning would allow the balcony to be provided with a covered area having
           dimensions of 5.4m 2m (10.8m2) which would be of adequate size, shape dimensions to support
           outdoor living opportunities that to meet the needs of the occupants and protect the habitable
           living areas of the dwelling;
      o the deck extension would enhance liveability of the dwelling and promote outdoor living; and
      o it would better respond to Noosa Shire’s subtropical climate and improve its passive design;
+ the proposed awning is a low profile, open and lightweight and retractable structure and would
      maintain visual and acoustic privacy for adjoining residents and not unreasonably obstruct views;
+ the awning will provide an adequate separation from the adjoining land uses, being positioned a
      minimum of 2m from the western side boundary and consistent with the setback of the existing
      balcony;
+ the proposed awning will not impact on landscaping provisions;
+ the proposed setback will be consistent with the awning approved for Unit 4 and the predominant
      character of the area and maintain the visual continuity and pattern of buildings, in that:
      o the adjoining property to the east comprises a large 3 storey building which provides a minimum
           setback of 5.5m from its outermost projection at the 3rd storey to the front boundary;
      o the adjoining property to the west comprises a large 3 storey building which provides a minimum
           setback of 3m from its outermost projection at the 3rd storey to the front boundary;

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Conclusion

The above report demonstrates that the proposal involves a minor change under the Planning Act 2016 and
appropriately responds to the provisions and intent of the Noosa Plan 2020. Overall, it has adequately been
demonstrated that the proposed changes comply with the performance and/or overall outcomes of the
relevant codes and will maintain a high level of residential amenity and a building that complements the
beachside character of the area. Consequently, the minor change application should be supported.


Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to the
requested minor change to a development approval. Should you have any questions in relation to the
proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,



Marcus Brennan
B. Urb. Reg. Plan.