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Minor Change Request report 16 McA
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
17 December 2021
Planning Assessment
Noosa Council
[email protected]
RE: Minor Change to an existing approval request – 132002.220491 (23046 DA) 16
Mcanally Drive, Sunshine Beach QLD 4567 Lot 85 on RP81810
The applicant seeks minor changes to development approval 132002.220491(23046 DA).
The changes include -
Lower level
• Excavate to include a laundry, cellar and access and lift. This area is not defined
as a storey.
• Extend a bedroom on the existing balcony.
Middle level
• New bedroom ensuite and robe
• Remodel existing outdoor area
• New deck raised planter
• Include lift
• Remove kitchen – move to upper level
Upper level
• New kitchen
• New Living and dining area
• Slightly extend terrace to the north and south and include raised planter boxes
• Deck to the top of the garage.
Roof form
• The roof form encroaches beyond the 8m height limit but the overall height is
reducing from what was approved originally.
The proposal includes a small increase to site cover and GFA, however, the site cover
meets the 50% / 30% provision of the Planning Scheme as the lower level sits wholly
beneath the middle level - which is less than 50%, and the upper level is less than 30%.
The GFA is less than the 500m² permitted by the Planning Scheme.
The following Figures 1 - 5 provide 3D renders of the proposal and comparison of floor
plans.
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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 - Front elevation render
Figure 2 - East elevation
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 - Lower level - existing and proposed
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
Figure 4 – Middle level - existing and proposed
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
Figure 5 - Upper level - existing and proposed
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
Background
On 6 March 2003 Council approved a material change of use for house in a sanddune
problem area requiring a modification to the Planning Scheme Provisions (building height).
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.)
Schedule 1 of the Development Assessment Rules set outs provisions for a substantially
different development. A change may be considered to result in a substantially different
development if the proposed change results in any of the following outlined in Table 1
below.
Table 1 - Substantially different development
Provisions of Schedule 1 of the DA Rules Response
(a) Involves a new use There is no new use proposed onsite
(b) results in the application applying to No new parcels of land are introduced.
a new parcel of land; or
(c) dramatically changes the built form The built form is receiving a modern
in terms of scale, bulk and update with the majority of the external
appearance; or wall and footprint remaining. The greatest
change is the roof form which will give the
external appearance a modern look and
feel. There is no dramatic change not the
scale or bulk of the proposal.
(d) changes the ability of the proposed Remains a dwelling house.
development to operate as
intended; or
(e) removes a component that is Remains a dwelling house.
integral to the operation of the
development; or
(f) significantly impacts on traffic flow Remains a dwelling house and complies
and the transport network, such as with the Planning Scheme in terms of
increasing traffic to the site; or quantity of vehicle spaces required for the
use.
(g) introduces new impacts or increase Remains a dwelling house.
the severity of known impacts; or
(h) removes an incentive or offset N/ A
component that would have
balanced a negative impact of the
development; or
(i) impacts on infrastructure provisions. Remains a dwelling house.
Page 7
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
As described 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.
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.
Assessment
The proposal generally complies with the Low-Density Residential Zone Code and the Low
Density Housing Code with key matters for assessment against Performance Outcomes is
building height in metres and habitable areas within the front setback.
Building height
The current dwelling is 9.5m above the NGL and while the proposal still exceeds 8m, the
proposal is reducing height by up to 1m in some areas of the roof. Figure 6 and 7 below
shows a comparison of the building height with a height blanket highlighting the area that
exceeds 8m and the area that currently exceeds 8m.
Page 8
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
Figure 6 - Height blanket
Figure 7 - Height blanket of existing dwelling
As clearly shown in Figures 6 and 7 the area of roof proposed to exceed 8m is within the
existing roof footprint.
Notwithstanding the existing building height, an assessment against Performance
Outcome PO7 of the Low Density Residential Zone Code is relevant and is provided below
for reference:
Building Height
PO7
Buildings and structures:
(a) are low rise and present a building height consistent with structures on adjoining
and surrounding premises and with the predominant character of the area;
(b) are designed to provide an interesting streetscape and complement landform
changes;
Page 9
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
(c) do not visually dominate the street or surrounding area;
(d) respect the scale of surrounding vegetation and maintain a vegetated skyline;
(e) do not unreasonably obscure views or lead to overshadowing of neighbouring
properties; and
(f) do not exceed two storeys.
The proposal complies with PO7 for the following reasons:
• the proposal is of a lessor scale than the existing building given the overall reduction
of roof height;
• the dwelling proposes an improved streetscape with a modern upgrade;
• the roof does not create any additional overshadowing of the neighbouring property
as it is lower than the existing roof and downhill;
• will not impact views as it is downhill of the existing higher roof;
• the overall roof height is proposed to be reduced;
• the existing roof is also up to 1m higher than that proposed;
• the number of storeys remains the same.
Habitable deck within 6m street setback
The proposal seeks to use the roof of the single storey existing garage for a habitable area
and is raised as it is within the front 6m setback.
Performance Outcome PO9 is relevant and provided below for reference.
Setback
PO9
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 and access to sunlight;
(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 and
outdoor living;
(f) be consistent with the predominant character of the streetscape; and
(g) protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
The applicant has provided images of the view from the proposal deck and provided as
Figure 8 and 9 below.
Page 10
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
Figure 8 - Potential view from the deck.
Figure 9 - Image taken from the roof of the existing garage where the new deck is proposed
The proposal complies with PO9 for the following reasons:
• the deck provides a setback of 1.5m from the side boundary;
• the 1.5m setback includes a raised garden bed to help screen the neighbouring
driveway;
• the closest overlooking is the driveway of the neighbouring property to the north;
• to the south - there is no overlooking of private open space.
In terms of the eastern deck where it is proposed to extend the width, a raised garden bed
is proposed to the northern and southern ends and therefore will not create any additional
overlooking to that which already exists.
Page 11
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
Changes to Conditions
As a result of the proposed changes the following conditions require changing:
Condition 1 requires amending to reflect the changes and sought to read as follows.
(<Date>) 2022
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
040.00 B 3d image, prepared by SLa 12.11.21
040.01 B 3d image, prepared by SLa 12.11.21
040.03 B 3d image, prepared by SLa 12.11.21
100.00 D Site Plan, prepared by SLa 12.11.21
C Floor Plans - lower level floor plan, 12.11.21
200.00
prepared by SLa
C Floor Plans - middle level floor plan, 12.11.21
200.01
prepared by SLa
200.02 C Floor Plans - upper level floor plan, 12.11.21
prepared by SLa
200.03 C Floor Plans - upper level floor plan, 12.11.21
prepared by SLa
300.00 C Elevations – west elevation, 12.11.21
prepared by SLa
300.01 C Elevations – north elevation, 12.11.21
prepared by SLa
300.02 C Elevations – east elevation, 12.11.21
prepared by SLa
300.03 C Elevations – south elevation, 12.11.21
prepared by SLa
310.00 C Elevations – western boundary 12.11.21
elevation, prepared by SLa
400.00 C Sections building section 01, 12.11.21
prepared by SLa
400.01 C Sections building section 02, 12.11.21
prepared by SLa
400.02 C Sections building section 03, 12.11.21
prepared by SLa
400.03 C Sections building section 04, 12.11.21
prepared by SLa
Page 12
Pivotal Perspective Pty Ltd
Local and International Development Planning
4/59 Mary St, Noosaville
QLD, Australia 4565
[email protected]
+61 0406 334 227
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 MPIA Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227