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Minor Change Report 51986 3023 05 · 51986.3023.05
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Senior town planner - Andrew Gaffney
Development Assessment
APPLICATION DETAILS
Application No. 51986.3023.05
Development Approval 51986.3023 (TPC 1845) – Town Planning Consent Permit for
Multiple Dwelling 9 units and 4 Shops
Applicant Body Corp - La Mer Noosa Cts7193
Request Received On 25 March 2024
Report Reviewed By Nadine Gorton – 22 May 2024
Decision Due Date NA
PROPERTY DETAILS
Property Address 37 Hastings St Noosa Heads Qld 4567
RP Description BUP 8083
Land Area 1345m² approx.
Existing Use of Land Multiple Dwelling - Nine (9) Units and Four (4) Shops
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation Zone
Precinct Hasting Street Mixed Use Precinct
Local Area Plan Noosa Heads
Overlays Land subject to Acid Sulfate Soils
Flood Hazard Overlay
Landslide Hazard Overlay
Assessment Type Minor Change to Development Approval
1. PROPOSAL
This application seeks approval to change to an existing development approval to enable the
construction of a small concrete curved blade wall (to replace existing glazed balustrading)
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adjacent to the northeast (beach front) pedestrian entrance to the site. The blade wall is
approximately 2.0 metres in length and when located on the top of the pool deck is a maximum
2.7 metres in height above ground level.
As stated by the Applicant the replacement of the glazing is required for security reasons as
members of the public are currently able to climb the existing gate and glazing to access the site.
In addition to the above wall addition the Applicant has also requested approval for landscaping of
a rectangular garden bed which adjoins the northern site boundary. This area is external to the
site. Comment from Council’s Environmental Coordinator is that due to the area being external to
the site this matter requires further consideration from Council’s Parks and Gardens section and is
not supported.
The locality and proposal plan are included below.
<
Figure 1 – Locality
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Figure 2 – Site Plan (northern half of site)
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Figure 3 – Northern Elevation (wall area in red linework) and Plan
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Figure 4 – Northern elevation - top Image existing / lower Image
proposed change to entry fence presentation
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2. BACKGROUND
A development approval / town planning consent for a (insert original development type details)
was approved on (insert date of original approval) <
• 51986.3023 – a development approval for 9 multiple dwellings and 4 shops was approved in
1986. Minor changes to the development were approved on 17 February 1987.
• 51986.3023.01 – a change to the existing approval for lot 13’s roof terrace was approved on
17 April 2015.
• 51986.3023.02 – a change to the existing approval to refurbish the open space area of the
complex. The works included replacing the existing pool with a larger rectangular shaped pool,
a new outdoor shower and works within the boardwalk area and provide a level pathway into
the development.
• 51986.3023 – a change to the existing approval to replace an existing pergola with a roof for
unit 11 and replacement of an ensuite window and internal works for unit 8.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• The Noosa Plan 2020.
The application for the existing development was approved in 1986 and so must be assessed
against the planning scheme in place at the time, though regard may be had to the Noosa Plan
2020. The following codes from the Noosa Plan 2020 would be applicable to the proposed
development.
• Tourist Accommodation Zone Code;
• Noosa Heads Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Business Activities Code
• Works Codes;
• Acid Sulfate Soils Overlay Code;
• Flood Hazard Overlay Code.
• Landslide Hazard Overlay Code
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in a substantially different development as the proposed
works are minor and do not result in any changes to the use, with the application seeking
approval to modify a small portion of the building’s ground level northern pool deck façade
and wall;
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• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral agency or
cause a referral agency to have regard to new matters prescribed by regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Noosa Plan 2020
The changes do not result in additional gross floor area, site cover or overall building height, with
the changes requested to improve site security and are limited to a minor addition to the existing
structure.
While greater than a standard wall height of 2.0 metres, the proposed blade wall will mirror the
existing blade wall at the opposite (north western corner) of the site and will also provide a degree
of privacy to users of the elevated pool deck when viewed from the adjacent public ‘Parade’
pedestrian walkway. The majority of the existing glazing line on the northern side of the pool deck
podium will remain in place and will maintain an open visually permeable feature of the property
adjacent to the Parade.
The Noosa Heads Local Plan Code under the Noosa Plan 2020 does not contain any specific
planning requirements relating to the built form interface along ‘The Parade’ northern frontage as
shown under Figure 7.2.5.5 - Hastings Street Framework & Character Plan.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 51986.3023.05, to make a minor change to an existing approval for
51986.3023 (TPC 1845) for a Multiple Dwelling of 9 units and 4 shops situated at 37 Hastings St
Noosa Heads, Council on 23 May 2024 decided to:
A Approve the change.
B. Include the following additional condition:
Approved Plans – 22 May 2024
45. 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
WD 1.1 B Floor Plan 15.05.2024
as annotated by Council
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WD 1.2 A North Elevation 11.03.2024
as annotated by Council
WD 1.3 A Detail Elevation 11.03.2024
Refuse to amend Condition 45 to include landscape plans for the following reasons;
- The requested landscaping of the existing garden bed directly to the north of the
site is external to the site and not within the property description and planning
area for the application. The proposed landscaping is not endorsed as part of this
change request.
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