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Planning Report Minor Change Bottlebrush · MCU22/0087.01

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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
Full text of the other 9 pages

Page 2

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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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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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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

Page 5

Changes were made to the plans through the negotiated approval process.

Minor Change Test

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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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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.

Page 7

Assessment

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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*

Page 8

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

 

Page 9

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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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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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