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Minor Change Request report 14.30 Hastings st · 51983.3225.24
30 May 2025 Planning Noosa Council [email protected] RE: Minor Change – 51983.3225 – 14/30 Hastings St, Noosa Heads (Lot 14 GTP1154) & DBW application for Demolition 1. Proposal The application seeks a ‘minor change’ to development approval 51983.3225 to refurbish the existing villa on Lot 14 at ‘The Hastings’. The refurbishment extends the villa to include an additional storey to become a 4 storey building, consistent with Noosa Plan. The application particularly seeks amendments to condition 1, acknowledging that additional conditions are likely to be imposed on the development approval specific to the Lot. The application also proposes the demolition of the existing building. Appropriate conditions are to be included as part of the Development Permit. Figures 1, 2, 3 show site identification, existing site plan and 3D perspectives. Figure 1 - Site identification and aerial
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Figure 2 – Façade presentation with adjoining approval render
There is good separation between neighbouring dwellings is provided combined with the
thoughtful placement of windows and doors maintain and improve existing amenity enjoyed
by the other dwelling users. The proposal includes the following key features:
• 4 storeys;
• Site cover of 73.5m² (existing = 50m2, net increase of 0.4% overall)
• Gross floor area of 194m²
• 3 bedrooms and 4 bathrooms;
• Ground level (level 1) – parking for 2 vehicles, entry foyer, lift and laundry;
• Level 2 – 2 bedrooms and 2 bathrooms;
• Level 3 – 1 bedroom and ensuite;
• Level 4 – kitchen and living and deck;
• Roof terrace, pool and BBQ area.
Figure 3 – Proposed Layout of each storey
The rebuild considers privacy and shading to the neighbouring properties with strategic
orientation, the placement of windows, doors and screening devices. The development uses
a variety of natural external materials. The building includes vertical and horizontal elements
and colours that blend with the natural environment, as well as approved new buildings in
the complex.
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2. Background
The existing development was originally approved by Council in October 1983 (TPC1632 –
25 Bungalow Style 2 bedroom Units & 8 Shops – Group Title). A restaurant was subsequently
approved on the site in December 2000 along the Hastings Street frontage (18478DA). The
units are used for short term accommodation, rather than for permanent occupation.
Approval History
• A change to the development approval to enclose the manager’s residence car space into an office was approved June 2006.
• In June 2011, plans to enclose 8m² of the lower level of unit 7 were considered ’generally in accordance’ with the existing approval.
• On 11 November 2014, Council approved to enclose an additional 5.75m² of gross floor area of the ground floor of unit 22.
• On 12 October 2015, Council approved a change to an existing approval to enclose the carport of unit 11 (13.3m2 to be enclosed).
• On 17 March 2016, Council approved a change to an existing approval to enclose the carports of units 14 and 25 (an additional 14m2 per unit).
• On 12 May 2016, Council approved a change to an existing approval for the redevelopment of Unit 15 of that sought to the replace the existing dwelling unit
on site with a new dwelling unit with an increase of gross floor area of 67m2, to include a roof top terrace (4 storeys) and pool.
• On 29 March 2017, Council approved a change to an existing approval to enclose part of the car port of unit 20 by 20.5m2. This change did not approve a
space capable of being a bedroom as this was not applied for. The plans annotated to remove a wall.
• On 5 April 2017, Council approved a change to an existing approval to enclose part of the car port of unit 20 by 8.554m2 of gross floor area and reconfigure
(change to internal layout) level 1 and 2.
• On 1 August 2017, Council approved a change to an existing approval to enclose part of the car port to create a room capable of being a bedroom of Unit 20.
• On 1 August 2017, Council approved a change to an existing approval to partially enclose under the existing unit and to reconfigure the second floor relating
to unit 5.
• On 17 April 2018, Council approved a change to an existing approval to partially enclose the subfloor area of Unit 21 to provide a covered entry and storeroom
area, an expanded bathroom/laundry and to enclose underneath the existing upper level deck, resulting in an additional 18m2 of gross floor area.
• On 19 November 2020 Council approved a change to an existing approval for an
extension to Unit 17 resulting in an additional 90.69m2 of gross floor area to extend
all levels and include an additional storey
• On 30 June 2020, Council approved a change to the existing approval for an
extension to Unit 19. The approval consisted of an additional increase in floor area
by 68.4m² to a total GFA for the unit of 151m². The approval also permitted the
development to change from a 3 storey to a 4 storey building.
• On 21 October 2021, Council approved an Other change to the exiting approval
for the redevelopment of Lots 9 & 10 that had previously been amalgamated. The
redevelopment consisted of existing villas to be removed and replaced with one
building. This resulted in additional site cover of 33.6m2 and GFA of 44m2.
• On 1 August 2022, Council approved a change to the existing approval to include
a lift to a previous change approval.
• On 13 November 2023, Council approved the redevelopment of lot 3.
• On 27 November 2023, Council approved the redevelopment of lot 2.
• On 30 October 2024; Council approved the redevelopment of lot 22.
• On 28 March 2025, with an amendment to unit 18.
• On 19 May 2025, with an amendment to unit 2.
Figure 4. Plan of change approvals in the complex
(red – demolition and rebuild and orange indicates renovations).
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3. Minor Change Test
An assessment against the meaning of minor change and a response about the proposed
application is provided below. The Planning Act 2016 defines a minor change as a change
to the approval that:
It 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 Response
Rules
(a) Involves a new use There are no new uses proposed onsite.
(b) results in the application applying to No new parcel of land is introduced.
a new parcel of land; or
(c) dramatically changes the built form The built form and appearance is changing, however complies
in terms of scale, bulk and with the Noosa Plan parameters. There is an increase to site
appearance; or cover of less than 0.4% (overall), a small increase overall
considering the site has a maximum GFA of 5,680m² and this
proposal increases the total GFA on site to 3,500m².
While the bulk of the building is different from the original
dwellings, these original dwellings are progressively being
demolished and replaced with contemporary dwellings. This
design is commensurate with the new built form onsite, one
being directly adjoining the subject GTP.
(d) changes the ability of the proposed There is no change to the operation of the development to
development to operate as operate as a multiple dwelling.
intended; or
(e) removes a component that is The proposal will be used as a multiple dwelling as defined by
integral to the operation of the the Planning Scheme in force at the time of the original
development; or approval. No change to the operation of the resort or dwelling.
(f) significantly impacts on traffic flow One additional bedroom is proposed and therefore 1 additional
and the transport network, such as vehicle car space is required on site. Given the sites proximity
increasing traffic to the site; or to facilities, many visitors do not arrive in private vehicles, rather
use ride share and active transport modes.
(g) introduces new impacts or increase No new impacts or the severity of impacts will result from the
the severity of known impacts; or rebuild.
(h) removes an incentive or offset Does not remove an offset or incentive components of the
component that would have development.
balanced a negative impact of the
development; or
(i) impacts on infrastructure provisions. There are no additional impacts on infrastructure.
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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 required for the development.
C. referral to extra referral agencies, other than to the chief executive; or
Response: No referral agencies are applicable to the current development.
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 original application included public notification.
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.
4. 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.
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5. Assessment
The following table outlines compliance to the key parameters of the development and the
Noosa Plan 2020.
Criteria Planning Existing Proposal Complies
Scheme approved Includes
development additional
parameters (net
Site Area (4,931m²)
increase)
Building height
• storeys 4 storeys 3 storeys 4 storeys
• metres max
~<15 metres 14.1 metres
15 metres
Site cover 45% max 37.2% 39%
(2,219.85m²) (1,875m2) net increase of
0.4%
Plot ratio / Gross 5,680m² max 3,373m² 3,483m²
floor area Excluding live Net increase in
applications on lot 2 GFA of 110m²
3 & 16
Length of wall 15 metres <15 metres < 15 metres
max
Carparking 2 min 1 covered 2 covered
Ratio units: non- 20:1 12:1 No change X
residential
Setbacks QDC – 1m N – 0.7m
0.75m - 1m
NW – 0.4m
W – 3m
E – 0.7m
S – 0.5m
As demonstrated in the table above, the proposal generally complies with all the key
parameters outline in the planning scheme and compliant with the conditions of approval.
However, setbacks, roof terrace and vegetation is further discussed below.
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6. Setbacks The proposed changes closely align with the setbacks of the existing villa. The Noosa Plan 2020 does not include an alternative provision to the QDC for side and rear setbacks and therefore the QDC applies. Both the superseded Planning Scheme and the Noosa Plan 2020 seek appropriate separation between buildings to maintain or improve privacy and amenity. It is determined that sufficient separation is provided, and the following design elements demonstrate the design has resulted in no new impacts, maximised privacy and amenity and a non-worsening of shading— • High line and slimline windows are proposed to the northern and western elevations; • Orientation of building to the south and east away from adjoining neighbours; • Availability for deep landscaping around the building; • The proposed changes still maintain appropriate setback to the western boundary; The site adjoins lot 13 to the north, which has been designed to step back away from the internal road. This results in the main bulk of the buildings living areas located away from the adjoining building. Figure 5 – Propoised layout overlaid on the existing and in relation to adjoining buildings The proposal provides good separation between buildings and amenity in terms of privacy, shading and noise with the orientation away from adjoining buildings.
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7. Roof terrace
The roof terrace is sufficiently designed and screened with 1.7m high ballustrades to the
north and western elevations, complemented with landscaping planters. The pool has also
been designed and located to reduce any impacts of overlooking to the adjoining approved
rooftop terrace at Lot 16.
Figure 5 – roof top terrace orientation
The design and positioning of the roof top terrace does not introduce overlooking
opportunities into neighbouring dwellings, consistent with the relevant Performance
Outcomes of The Noosa Plan.
8. Vegetation
The vegetation within the site is concentrated at the rear of the site along the western
boundary and includes a eumundii, golden penda, swamp paperbark and bangalow palms.
These are identified on the 2022 Operational Works approval for the landscaping across
the entire site.
The vegetation was planted as part of the original development, including the large
tuckeroo within Lot 13 along the boundary of the subject site. The proposed building
complements the retained vegetation with a condition recommended for works around the
trees to be undertaken with extreme care and in accordance with an arborist report for their
retention.
Figure 6 – Site photos looking west from Noosa Pde and internal road
Figure 7 – Landscape Approval Plan and layout plan demonstrating retained vegetation around buildings
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9. Changes to Conditions As a result of the proposed amendments to the development, Condition 1 requires changing to include the proposal plans. It is acknowledged Council may apply some additional conditions specific to Lot 14 as has happened for other redevelopments within the complex. It is requested Condition 1 be changed to include the follow addition to the condition 1 table of approved plans. 1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues. 2. Approved Plans – <date> Lot 14 GTP1154 Plan No. Rev Plan, prepared by Date 1.0 Site Plan, prepared by Paul Clout Design 06/05/2025 2.0 Ground Floor Plan, prepared by Paul Clout Design 06/05/2025 3.0 Level 1 Plan, prepared by Paul Clout Design 06/05/2025 4.0 Level 2 Plan, prepared by Paul Clout Design 06/05/2025 5.0 Level 3 Plan, prepared by Paul Clout Design 06/05/2025 6.0 Roof Plan, prepared by Paul Clout Design 06/05/2025 7.0 South Elevation, prepared by Paul Clout Design 06/05/2025 8.0 East & West Elevations, prepared by Paul Clout Design 06/05/2025 9.0 North Elevation, prepared by Paul Clout Design 06/05/2025 10.0 Section AA, prepared by Paul Clout Design 06/05/2025 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 MQELA Planner/Director Pivotal Perspective Pty Ltd 0406 334 227
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