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Planning Report Minor Change Bottlebrush · MCU22/0087.01
PIVOTAL 25/11/2024 Development Assessment Noosa Council [email protected] RE: Minor Change Request — MCU22/0087 & OPW22/0140 — 3 multiple dwelling units and associated operational works at 37 Bottlebrush Ave, Noosa Heads Proposal The applicant seeks minor changes to the combined development approvals MCU22/0087 & OPW22/0140, including: e Amendment to the internal and external design including changes on each of the levels, with the main footprint generally similar, as detailed below: BOTTLEBRUSH AVENUE Figure.1 — Approved and Proposed Site Plan / Renders
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ww PIVOTAL e Basement / Lower Floor: o Storage included at ends of carparks o Relocate lift for unit 1 slightly and amend entrance to basement o Additional pool added for unit 1, with landscaping levels maintained pool setback 1.3m Unit 2 access from Bottlebrush Ave with landscaping generally maintained Reconfiguring of stairwell entrance and lifts to units 2 and 3 Unit 3 reduces bedrooms on this level from 2 to 1. Reconfigured lower terrace maintaining landscaping heights. Figure.2 — Approved and Proposed Basement Plan o Level 1: = Reconfigured layouts for more open plan living =" No bedrooms on this level =" Pool and landscaping for unit 3 reconfigured =» Relocate lift, stairs and void BOTTLEBRUSH AVENUE a
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PIVOTAL o Level 2: « Reconfigure layout with bedroom at this level Relocate lift, stairs and void ‘| spot ae Becil Se A >) SarTisaAIBH ROOD ra ee oe | e oom Figure. 2 Approved and Proposed Level 2 Plan o Level 3/ Terrace Floor: = Remove Terrace from Unit 3 = Relocate lift, stairs and void f —="~ TM SS Figure. 2 Approved and Proposed Level 3 / Terrace Plan
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PIVOTAL o Elevations: =» Amend Material Palette and add screening to windows = Ensure height is below 12m and three storeys in section « Maintain all screening devices and setbacks TT = IDA3.02 -OSED SOUTH ELEVATION Figure. 5 Approved and Proposed Elevations Background e 21 July 2023 - Council approved the MCU and OPW e 25 September 2023 — Negotiated Decision Notice issued
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Changes were made to the plans through the negotiated approval process. Minor Change Test PIVOTAL 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 anew use There is no new use proposed onsite (b) results in the applicationap plying to a new parcel of land; or No new parcel of land is introduced (c) dramatically changes the built form in terms of scale, bulk and appearance; or Although the design changes slightly, the building is sited in the same location as approved with the same height, setbacks, plot ratio and site cover. The modification to the approved plans do not dramatically change the scale, bulk or appearance of the development. changes the ability of the proposed development to operate as intended; or No change to the use approved. removes a component that is integral to the operation of the development; or No essential component of the development is proposed to be removed. significantly impacts on traffic flow and the transport network, such as increasing traffic to the site; or The proposal does not trigger any additional traffic or car parking to that originally approved. introduces new impacts or increase the severity of known impacts; or No newimpacts or the severity of impacts is likely to result from the plan modifications. removes an incentive or offset component that would have balanced a negative impact of the development; or Does notremove an offset or incentive components of the development. impacts on infrastructure provisions. Thereis no additional impacts on infrastructure. 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.
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PIVOTAL 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. Therefore, in accordance with the above the proposal is assessed against the conditions of approval and the Noosa Plan 2020. The proposal complies with all these instruments and approval and is discussed below.
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Assessment PIVOTAL The key development parameters from the existing approval are outlined below and an assessment of the differences is provided thereafter. Table 2— Development Parameters Criteria Plot ratio Site cover Building height storeys metres Boundary setbacks Units 1 & 2 Basement * Frontage (Bottlebrush) 6m « Frontage (Berrima) 6m * Side (north west) 1.5m * Rear (north east) 1.5m Ground Floor « Frontage (Bottlebrush) 6m * Frontage (Berrima) 6m * Side (north west) 1.5m * Rear (north east) 1.5m First Floor * Frontage (Bottlebrush) 6m * Frontage (Berrima) 6m * Side (north west) 1.5m « Rear (north east) 1.5m Second Floor (roof terrace) * Frontage (Bottlebrush) 10m * Frontage (Berrima) 10m * Side (north west) 2m « Rear (north east) 2m Unit 3 Lower Level (Basement Level on plans) « Frontage (Bottlebrush) 6m « Frontage (Berrima) 6m * Side (north west) 1.5m * Rear (north east) 1.5m Ground Floor * Frontage (Bottlebrush) 6m Approval 0.64:1 (316.4m2) 40% 3 storey 12m 4.6 metres NA 1.2 metres 0.8 metres 4.6 metres NA 1.2 metres 1.7 metres 4.6 metres NA 1.50 metres 1.70 metres 8.8 metres NA 1.5 metres 1.7 metres 5.1 metres 3.3 — 5.6 metres NA 0.8 metres 5.1 metres Proposal 0.64:1 (317m2) 40% (196m2) 3 storey 10 metres 4.6m NA 1.7m 0.95m 4.6m NA 1.5m 1.7m 4.6m NA 1.6m 1.7m 10m to arbour NA 5m to arbour 4.4m to arbour 4.9m 6.3 - 10m NA 0.95m ~5.1m Compliance v v v v No change NA Increase No change* (“shoring shown) No change NA Increase No change No change NA No sig change No change Increase NA Increase Increase No sig change Increase *(Pool <1m) Increase No change* (*shoring shown) No sig change*
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Criteria Approval Proposal « Frontage (Berrima) 6m 4.9-5.5 metres 4.85m * Side (north west) 1.5m NA NA * Rear (north east) 1.5m 1.7 metres 1.7m First Floor «Frontage (Bottlebrush) 10m | 5.1 -6 metres 5.0m « Frontage (Berrima) 10m 5.5 metres 5.5m * Side (north west) 2m NA NA * Rear (north east) 2m 1.7 metres 1.7m Second Floor (roof terrace) «Frontage (Bottlebrush) 10m | 9 metres NA * Frontage (Berrima) 10m 6.3 metres NA * Side (north west) 2m NA NA * Rear (north east) 2m 2.5 metres NA Length of wall 15m 10m Basement width 6m 5.7m Landscaped open space 40% (196m?) 252m? Soft landscaping 60% soft (117m?) 118m? Landscaping Setbacks 1.5m to unit 3 pool 1.3m to unit 1 pool Private Open Space 20m? each 20m? each Carparking 6 spaces 6 spaces PIVOTAL Compliance No sig change NA No change *(Pool <1m) No sig change No change NA No change Increase Increase NA Increase v v No change No change No sig change No change No change As outlined in the Table, the proposal is generally in accordance with the existing approval Changes to Conditions As a result of the proposed changes the following conditions require changing: MCU Conditions 2 - This development approval lapses if the use has not happened by 21 July 2030, unless an application to extend the currency period is approved by Council. 3 - Development authorised by this approval must be undertaken generally in accordance with the Approve’ Plans listed in the tables below. Fhe PaRS PAUSE be amended fo sneorporate ie Plan No. Rev. Plan/Document Name Date DA2.01 DA2.02 DA2.03 DA2.04 DA3.01 DA3.02 DA3.03 DA3.04 DA4.01 DA4.02 QO} 0) @) QO} O) OO) OQ) @) © Ground Floor, prepared by Blackwood Level 1 Floor Plan, prepared by Blackwood Level 2 Floor Plan, prepared by Blackwood Roof Plan, prepared by Blackwood North Elevation, prepared by Blackwood East Elevation, prepared by Blackwood South Elevation, prepared by Blackwood West Elevation, prepared by Blackwood Section A, prepared by Blackwood Section B, prepared by Blackwood 25.11.24 25.11.24 25.11.24 25.11.24 25.11.24 25.11.24 25.11.24 25.11.24 25.11.24 25.11.24
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PIVOTAL 10. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to prestart meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions. 26. Bottlebrush Avenue must be upgraded for the length of its frontage to the subject site. The must include in particular: a. construction of the kerb and channelling and on-street parking generally as shown on drawing number C40 revision E prepared by Recor dated 14.11.2024. b. removal of the existing timber retaining wall in the road reserve c. extension of the kerb and channel to a point 1m past the proposed stormwater outlet in Bottlebrush Avenue Condition 26 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure. 27. The existing crossover and driveway in Berrima Row must be wholly removed and the kerb and channel reinstated as part of the development works. 28. A sealed access driveway must be provided from Bottlebrush Avenue to all parking and manoeuvring areas of the development. The works must be generally as shown on drawing number C40 revision E prepared by Recor dated 14.11.2024. 32 - The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken generally in accordance with drawing number C40 revision E prepared by Recor dated 14.11.2024 and include on-site rain water storage (3,000 litres) used for non-potable purposes. The design of the on-site rain water system must be submitted to Council at least 5 business days prior to the pre-start meeting. Condition 32 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure. OPW Conditions 47. Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed in the tables below. held. Plan No. Rev. Plan/Document Name Date C30 E Bulk Earthworks Plan prepared by Recor Consulting 14.11.24 C31 E Bulk Earthworks Sections prepared by Recor Consulting 14.11.24 C40 E Roads and Drainage Layout Plan prepared by Recor Consulting | 14.11.24 C41 E Roads & Drainage Details prepared by Recor Consulting 14.11.24 C42 E Stormwater Drainage Sections prepared by Recor Consulting 14.11.24 C43 E Driveway Longsection prepared by Recor Consulting 14.11.24 CD-001 B Specification Notes prepared by Project Urban 14.10.24 CD-102 Cc Landscape Plan prepared by Project Urban 14.10.24 CD-103 Cc Landscape Plan prepared by Project Urban 14.10.24 CD-600 Cc Tree Retention and Removal Plan prepared by Project Urban 15.11.24 CD-900 Cc Construction Details prepared by Project Urban 14.10.24 - 1 Arboricultural Impact Assessment, prepared by, Consult Arborist | 30/11/2022 CD-000 G Cover Sheet prepared by Project Urban 15.11.24 CD-100 G Landscape plan prepared by Project Urban 15.11.24
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PIVOTAL CD-101 E Landscape plan prepared by Project Urban 14.10.24 48. The Currency Period for this development approval lapses if the development has not substantially started by 21 July 2027 unless an application to extend the currency period is approved by Council. If you have any further queries in relation to the above, please do not hesitate to contact myself. Regards, a Jack Lewis B.Sc Hons UNSW M.Plan Otago RPIA Planner/Director Pivotal Perspective Pty Ltd 0406 334 227
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