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Ltr-240820 - Lot 17 - 19 Hofmann Drive Noosaville - Noosa Shire Council Minor Change_V2
20 August 2024 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 Dear Patrick Murphy, Application To Change Development Approval for A Development Permit for Material Change of Use for Multiple Dwelling (90 Units) At 57-61 Hofmann Drive, Noosaville In accordance with Section 78 of the Planning Act 2016 (the Act) and on behalf of HOF Noosaville Pty Ltd (ABN 13 656 714 215) (the Applicant), we hereby make a request to Noosa Shire Council to change the current development approval over land at 57-61 Hofmann Drive, Noosaville (formally referred to as Lot 17, 18 and 19 on SP322201) (Minor Change). The change necessitates amendments to the Negotiated Decision Notice issued by Noosa Shire Council on 20 September 2022 (MCU21/0146). Noosa Shire Council is therefore the responsible entity to consider the Minor Change application in this instance. The following documents accompany this application: Attachment A – Planning Act Form 5 – Change Application Form; Attachment B– Signed Owner’s Consent; Attachment C– Current Development Approval; and Attachment D – Revised Architectural Plans, prepared by Mode Design Corp. 1. EXISTING APPROVAL On 20 September 2022, Noosa Shire Council granted a development approval, via Negotiated Decision Notice, for a Development Permit for a Material Change of Use for Multiple Dwelling at 28 Eenie Creek Road, Noosaville (‘the site’) (Council Reference.: MCU21/0146). Ltr-240820 - Lot 17 - 19 Hofmann Drive Noosaville - Noosa Shire Council Minor Change_V2
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The key aspects of the approved development are as follows:
Delivery of 3 storey residential complex across three (3) buildings comprising a total of 90
apartments.
One (1) shared basement level provided as car parking and servicing space.
Substantial communal open space area as well as private open spaces (via courtyards and
balconies).
A total of 134 parking spaces.
The original application was subject to Impact Assessment and required referral to the State
Assessment and Referral Agency (SARA) as the site proposed development exceeded the 50-
dwelling threshold for multiple dwelling in local government area 2. This trigger required referral to
SARA for assessment of potential impacts on State transport networks. SARA issued a referral
agency response for the proposed works on site on 30 September 2021 (SARA Reference.: 2109-
24654 SRA).
The Applicant now seeks to make a minor change to the existing development approval.
2. NATURE OF REQUESTED CHANGES
The proposed change application relates to amendments to the approved development following
concept design review focused on enhancing the functionality of the built form, aligning it with
subsequent operational works approvals, detailed design specifications, construction related changes,
and market demand.
Generally, the proposed changes involve minor adjustments to building height, the introduction of
retaining walls, minor reconfigurations to the basement and building layouts, modifications to vehicle
parking arrangements, and the addition of a drainage easement.
Further, incidental refinements which would commonly be accepted as ‘in accordance with’ the
approved plans and documents have also been included for completeness.
Further details and justification regarding the proposed changes are provided below.
2.1. ADJUSTMENTS TO BUILDING HEIGHT
The approved plans contemplate an overall building height for Building C of RL 16.722 m to the top of
the roof ridge.
Following detailed design, the roofline of Building C has been adjusted by 280 mm, to increase the
overall height of Building C to the top of the roof ridge to RL 17.000 m.
Table 1 below summarises the proposed changes to the roof level, with proposed increases to the
heights highlighted in blue.
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Table 1: Proposed Changes to RL Building Height - Building C
Floor Approved Proposed Difference Approved Proposed Difference
Level Finished Changes Floor to Changes
Floor to Ceiling to Floor to
Level Finished Height in Ceiling
Floor Metres Height in
Level Metres
Basement RL 2.200 RL 2.200 No change 3.150 m 3.150 m No change
Level 1 RL 5.350 RL 5.350 No change 3m 3m No change
Level 2 RL 8.350 RL 8.350 No change 3m 3m No change
Level 3 RL 11.350 RL 11.350 No change 3m 3m No change
Roof Level RL 14.350 RL 14.350 No change 2.372 m (to 2.65 m (to + 0.28 m
roof ridge) roof ridge)
Roof Ridge RL 16.722 RL 17.000 + 0.28 m - -
Approved Overall Building Height 12.482 m
Proposed Changes to Overall Building Height 12.759 m
Difference + 0.28 m
Figure 1 provides a visual representation of the proposed changes, which confirms that the changes
only apply to the roof height, with no changes proposed to the approved floor levels.
Figure 1: Proposed Changes
Source: Mode Design Corp
This modification to Building C maintains a height below the approved RLs of both Building A and B,
which have an overall height of RL 17.424m.
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The additional height to Building C was required to ensure the roof truss did not impact on the floor to floor height of the units below. Without the additional height, the units below would result in a reduced head height of 0.28m, meaning the floor to floor height of dwellings on Level 2 would reduce to 2.32m and no longer be ‘habitable’. As an alternative to increasing the overall height of the Building, an amended pitch of 10 degrees was instead explored, however the historical conversations with Noosa Council throughout the assessment phase of the original Development Application confirmed maintaining the 12 degree pitch was imperative and it has therefore been maintained. The proposed increase in overall height is very minor and imperceptible from the streetscape. It will not materially impact the building’s appearance, bulk, or scale. The changes will not compromise the level of amenity and privacy for the additional buildings on site or neighbouring properties relative to the approved building height and any change to sun shadowing will equally be imperceptible. For further information on the proposed changes to building height, please refer to Attachment D – Revised Architectural Plans. 2.2. RETAINING WALLS As a result of detailed design and operational works requirements, additional retaining walls have been introduced across the site. Specifically, additional retaining is proposed in the following locations: the north and western interfaces of Building A; the western boundary of the bio basin located adjacent to the pool on site; and the bio-retention basin to the south of the basement ramp and southern boundary. For ease of reference, Figure 2 overleaf annotates the areas whereby retaining is introduced. The purpose of the introduced retaining walls is to enhance the structural integrity of the site, while ensuring aesthetic consistency with the surrounding buildings. The retaining wall heights will vary, however are not expected to be more than 2.0m. All block retaining walls visible from Hofmann Drive will have a rendered finish, harmonising with the existing landscape. Importantly, this change will not impact the overall outcome on site. The construction of the retaining walls will neither modify the approved footprint nor impact the design of the development as originally approved. Instead, they will improve the site's resilience and longevity, while maintaining its visual appeal. Ltr-240820 - Lot 17 - 19 Hofmann Drive Noosaville - Noosa Shire Council Minor Change_V2 4
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Figure 2: Introduced Retaining
Picture 1: Approved Layout (Building A) Picture 2: Proposed Layout (Building A) – Identified in
Red Bubble 4 and Yellow Highlight.
Picture 3: Approved Layout (Bio Basin Adjoining Pool) Picture 4: Proposed Layout (Bio Basin Adjoining Pool)
Identified in Red Bubble and Yellow Highlight.
Picture 5: Approved Layout (Southern Boundary) Picture 6: Proposed Layout (Southern Boundary)
Identified in Red Bubble 4 and Yellow Highlight.
Source: Mode Design Corp
Source: Mode Design Corp
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2.3. BASEMENT LAYOUT CHANGES Several minor changes to the basement layout are proposed, including: adjustments to driveway and basement ramp; basement service stair introduction; additional basement services (mechanical plant, store, and pump room); and addition of penetration from basement carpark. A detailed discussion of these changes is outlined below. Adjustments To Driveway and Basement Ramp The driveway crossover located off Hofmann Drive and the basement ramp is proposed to have minor level changes. Specifically, the driveway crossover which previously maintained a total level of 1:20, seeks a modification of 1:7.5 to 1:30 levelling. Additionally, the basement level ramp to ground level will have an increased span of 1:8 level, with the remaining portion of the ramp maintaining the approved 1:6 level. It is noted that these dimensions do not deviate from the approved levels, but rather adjust the portioning. These changes are based on detailed design that has occurred through the operational works process. These changes seek to improve the functionality and safety of the driveway and ramp access points. Further, there will be no compromise on the safety of movement within the site nor will an increase in traffic flow to and from the site occur as a result. Traffic Engineer (TTM) has been involved in the revised ramp design and considers it to be an acceptable outcome in accordance with AS28901. Basement Service Stair Introduction The approved architectural plans initially positioned a pump room on Level 1 of Building C, which is now proposed to be relocated to the basement level. To facilitate this modification, a staircase has been introduced towards the western boundary leading to the basement. Furthermore, a footpath that connects to Hofmann Drive has been incorporated to provide access to both the staircase and, subsequently, the relocated pump room. It is important to note that the footprint of the introduced stairs and the accompanying fall protection wall respects the originally approved 6m setback zone, ensuring no encroachment occurs. This alignment ensures that the changes are in line with the original design parameters while enhancing the functionality of the building. Refer to Error! Reference source not found. below for futher details. Ltr-240820 - Lot 17 - 19 Hofmann Drive Noosaville - Noosa Shire Council Minor Change_V2 6
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Figure 3: Staircase Layout to Basement Picture 7: Approved Picture 8: Proposed Source: Mode Design Corp Source: Mode Design Corp Penetration From Basement Carpark As a result of the revisions to the basement level, particularly the introduction of building services a penetration from the basement carpark has been added to provide ventilation (see Figure 4 overleaf). It is acknowledged that the introduction of the opening will result in the outlet being located in a central position between buildings A and B. Notwithstanding, this addition is not expected to introduce any unacceptable adverse effects on neighbouring properties or residents within the site. Figure 4: Penetration from Basement Carpark Picture 9: Approved Picture 10: Proposed Source: Mode Design Corp Source: Mode Design Corp Additional Basement Services The mechanical plant room that was originally approved on Level 1 of Building C is proposed to be relocated to the basement level. Specifically, the pump room for the basement sprinklers has been repositioned to a location beneath the basement ramp. Concurrently, a storeroom has been added to aid in efficient building management. It is noted that this change will not affect the functionality of the plant room or its intended purpose. The relocation is simply a strategic adjustment to optimise the use of space and enhance the overall efficiency of the building's operations. Ltr-240820 - Lot 17 - 19 Hofmann Drive Noosaville - Noosa Shire Council Minor Change_V2 7
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2.4. REVISIONS TO DEVELOPMENT LAYOUT
Adjustments to Courtyard Footprint
Alterations have been implemented to the courtyard footprint of Building A and B, particularly
concerning Level 1, Unit 1B courtyards. The adjustments to the footprint aim to improve spatial
functionality, ensuring a more effective utilisation of the space. Importantly, the revised courtyard
footprint remains within the originally approved setback, adhering to approved design parameters.
These modifications constitute minor revisions to the previously approved private open space.
Specifically, the area for Unit 1B of Building A, initially 31m2, is now proposed to be 35m2. Similarly,
the area for Unit 1B in Building B, which was originally 28m2, is now proposed to be 33.5m2. These
changes represent an overall increase in private open space by 9.5m2.
This increase will ultimately maximise the overall private open space on site, optimising its utilisation
without significantly affecting the functionality of the development as originally approved.
Please refer to Figure 5 and Figure 6 overleaf for a visual depiction of the proposed changes.
Figure 5: Unit 1B - Building A Courtyard Footprint
Picture 11: Approved Courtyard Footprint Picture 12: Proposed Courtyard Footprint Identified in
Red Bubble and Yellow Highlight.
Source: Mode Design Corp
Source: Mode Design Corp
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Figure 6: Unit 1B in Building B Courtyard Footprint
Picture 13: Approved Courtyard Footprint Picture 14: Proposed Courtyard Footprint Identified in
Red Bubble and Yellow Highlight.
Source: Mode Design Corp
Source: Mode Design Corp
Refuse and Pump Room Reconfiguration
As detailed in Section 2.3, the basement has undergone minor adjustments and the introduction of
services due to detailed design considerations. A notable change includes the relocation of the pump
room, initially approved for Level 1 of Building C. With the pump room now situated in the basement,
the vacated space will be consolidated, thereby expanding the refuse room that is approved for this
location to improve its functionality.
The enlargement of the refuse room will not affect the waste management plan as originally approved.
Moreover, the waste collection process for this building remains unchanged despite the proposed
modification.
Figure 7 overleaf demonstrates the approved and proposed reconfiguration.
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Figure 7: Building C Level 1 Refuse & Pump Room Picture 15: Approved Picture 16: Proposed Source: Mode Design Corp Source: Mode Design Corp Modifications To Padmount Transformer A minor modification to the approved footprint of the padmount transformer and Main Switch Board (MSB) is proposed, driven by operational works requirements. This adjustment seeks to increase the footprint of this space primarily along the Hoffman Drive frontage, to align with the specifications outlined by electrical and civil engineering standards. This increase in footprint is visually depicted in Error! Reference source not found. below. Figure 8: Padmount Transformer Footprint Adjustment (Site Plan) Picture 17: Approved Footprint Picture 18: Proposed Footprint Source: Mode Design Corp Source: Mode Design Corp Ltr-240820 - Lot 17 - 19 Hofmann Drive Noosaville - Noosa Shire Council Minor Change_V2 10
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To comply with Energex requirements and Condition 12 of the Negotiated Decision Notice screening
has been introduced around this area. The design of this added screening aligns seamlessly with the
architectural language of Building A and the broader complex. The screening will feature a balustrade
design, mirroring the approved aluminium balustrading along the Hoffman Drive frontage, thereby
ensuring consistency. An elevation of the approved and proposed screening is provided in Error!
Reference source not found. below.
Figure 9: Padmount Transformer Footprint Adjustment (Elevation)
Picture 19: Approved Elevation Picture 20: Proposed Elevation
Source: Mode Design Corp Source: Mode Design Corp
The expanded footprint of the transformer will not impact the residential area or adjoining properties,
as the size of the transformer itself remains unchanged. Despite the proposed increase in footprint,
there will be no escalation in the size or operation of the equipment. As previously mentioned,
screening has been implemented to preserve the visual aesthetics, which will be designed and
constructed in accordance with Energex requirements. Importantly, these modifications will not
influence the operation of the development as initially approved.
2.5. VEHICLE PARKING ARRANGEMENTS
As a result of undertaking compliance with the development approval conditions, specifically Condition
34a, the revised design incorporates the following modifications:
the addition of 9 visitor parking spaces, which includes 3 spaces specifically designed for disabled
access; and
the provision of 4 motorcycle/scooter spaces, strategically located outside of the basement.
These revisions have been designed in compliance with the prescribed dimensions, crossfalls, and
gradients as per Australian Standard AS/NZS2890.1:2004 Parking Facilities. As a result of these
changes, the approved parking rate has been reduced by 1 parking space in the visitor area, taking
the on-site parking from 134 to 133. Whilst this change results in a loss to vehicle parking on site, the
total number still achieves the required 108 parking spaces under the Planning Scheme and align with
the Conditions of approval.
Despite these changes, it is emphasised that there will be no adverse impact on the originally
approved traffic flow or movement network.
For further information, please refer to the revised architectural plans at Attachment D.
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2.6. DRAINAGE EASEMENT
The revised design of the site has led to the introduction of a 4-metre-wide drainage easement. This
addition, positioned at the rear of the site adjacent to Building C, is a strategic response to expert civil
engineering advice provided through detailed design and the approved operational works approval.
The inclusion of this drainage easement is a proactive measure to enhance the site's water
management capabilities, ensuring efficient drainage and reducing the potential for water-related
issues.
This change reflects a focus on sustainability and resilience in infrastructure design. The aim is to
ensure the site is well-prepared to manage various environmental conditions, while preserving its
integrity and functionality. Figure 10 below annotates the introduced drainage easement.
Figure 10: Introduced Drainage Easement
Source: Mode Design Corp
2.7. OTHER INCIDENTAL REVISIONS
Several incidental refinements are also proposed to the approved plans which would commonly be
accepted as ‘in accordance with’ the approved plans and documents.
These refinements have been included in revised architectural plans being submitted as part of this
change application for completeness.
The refinements include the following:
Landscape and Outdoor Modifications:
Refinement of site boundary metes and bounds based on updated and precise survey data;
Reshaping of the approved dog off-leash area;
Installation of a communal clothesline in line with Condition 20 of approval;
Alterations to internal footpaths, encompassing the removal of a footpath and the addition of step
ramps to ensure they are PWD compliant in accordance with AS1428;
Minor adjustments to landscape design, including the footprint of paths and planters;
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Modification of the driveway footprint to comply with basement ramp requirements and AS2890.1
standards;
Redesign of the gatehouse and letterbox to meet Australia Post standards;
Conversion of the mechanical riser space into a raised planter, as it is no longer required for
Building C;
Adjustments to the extent of screening atop planter walls;
Modifications to block walls and fencing in courtyards overlooking OS7 to enhance amenity and
improve light and views for unit living areas, while maintaining bedroom privacy (Building C Level 1
South Eastern Elevation).
Building Design and Material Modifications:
Addition of metal roof sheeting above the concrete roof for improved rainfall management and
durability (Building A and B entry);
Installation of metal roof sheeting over barbecues, pool pump, and amenities for environmental
protection and durability;
Reconfiguration of the fire stair layout to provide access to the plant room (Building A Level 1);
Replacement of the solid wall north of plant rooms with louvers (Building A Level 1 – 3);
Amendment of balustrade code from BAL5 to BAL10 (Building A Level 2 and 3 balustrade BAL5);
Addition of mechanical roof vents and exhaust fans to Buildings A, B, and C;
Adjustment to the extent of screening atop planter walls (Planter between Building B and car park);
Removal of windows (windows to unit 2C facing plant deck);
Height adjustment of windows to meet fire separation requirements between levels (Building A, B,
and C Level 2 and 3 windows above building entry);
Replacement of rendered block wall finish with FC3 fibre cement cladding (Building C rendered
block wall adjacent to building entry);
Replacement of the solid wall west of plant rooms and screening north of the plant room with
louvers; Addition of a cleaners room (Building C Level 3 lobby);
Relocation of a door on Level 1 of Building C from the car park to the bin room;
Adjustment to the location of two storage cages within the basement.
Infrastructure and Utility Modifications:
Installation of solar panels (Building C);
Addition of a Fire Indicator Panel (FIP) to meet fire services requirements (Building C Level 1
lobby).
All of the abovementioned changes are included within the revised set of Architectural Plans. Please
see Attachment D for complete details.
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3. Proposed Changes to Development Approval
The following section outlines the proposed changes to the approval package. Specifically,
strikethrough indicates wording to be deleted and blue and underlined indicates proposed
amendments.
3.1. DRAWINGS AND DOCUMENTS
In order to facilitate the proposed changes, the references to approved drawings and documents are
required to be updated to reflect the amended plans provided in Attachment D. The Applicant has
identified where these plan references and conditions need to be updated below.
Table 2: Amendments to Approved Plans and Documents
Plan No. Rev. Plan/Document Name Date
DA010 N Development Summary, prepared by mode 13.05.22
O 02.07.24
DA100 Q Site plan, prepared by mode 13.05.22
S 02.07.24
DA101 F Site plan – Level 2, prepared by mode 13.05.22
G 02.07.24
DA102 F Site plan – Level 3, prepared by mode 13.05.22
G 02.07.24
DA103 F Site plan – Roof, prepared by mode 13.05.22
G 02.07.24
DA104 P Basement floor plan, prepared by mode 13.05.22
T 02.07.24
DA111 O Building A – Level 01, prepared by mode 13.05.22
Q 02.07.24
DA112 N Building A – Level 02, prepared by mode 13.05.22
O 02.07.24
DA113 N Building A – Level 03, prepared by mode 13.05.22
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Plan No. Rev. Plan/Document Name Date
O 02.07.24
DA114 N Building A – Roof plan, prepared by mode 13.05.22
O 02.07.24
DA121 N Building B – Level 01, prepared by mode 13.05.22
P 02.07.24
DA122 N Building B – Level 02, prepared by mode 13.05.22
O 02.07.24
DA123 N Building B – Level 03, prepared by mode 13.05.22
O 02.07.24
DA124 N Building B – Roof plan, prepared by mode 13.05.22
O 02.07.24
DA131 O Building C – Level 01, prepared by mode 13.05.22
P 02.07.24
DA132 O Building C – Level 02, prepared by mode 13.05.22
P 02.07.24
DA133 O Building C – Level 03, prepared by mode 13.05.22
P 02.07.24
DA134 N Building C – Roof plan, prepared by mode 13.05.22
O 02.07.24
DA200 M Elevations - Site, prepared by mode 13.05.22
N 02.07.24
DA201 M Elevations - Site, prepared by mode 13.05.22
N 02.07.24
DA210 P Elevations – Building A, prepared by mode 31.05.22
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Plan No. Rev. Plan/Document Name Date
Q 02.07.24
DA211 P Elevations – Building A, prepared by mode 31.05.22
Q 02.07.24
DA220 P Elevations – Building B, prepared by mode 31.05.22
Q 02.07.24
DA221 P Elevations – Building B, prepared by mode 31.05.22
Q 02.07.24
DA230 O Elevations – Building C, prepared by mode 31.05.22
P 02.07.24
DA231 O Elevations – Building C, prepared by mode 31.05.22
P 02.07.24
DA300 O Sections, prepared by mode 31.05.22
P 02.07.24
DA301 O Sections, prepared by mode 31.05.22
P 02.07.24
DA302 N Sections, prepared by mode 31.05.22
O 02.07.24
DA500 B External finishes, prepared by mode 13.05.22
DA001 K Perspective – Building A, prepared by mode 13.05.22
DA002 C Perspective – Building A, prepared by mode 13.05.22
DA003 K Perspective – Building B, prepared by mode 13.05.22
DA004 C Perspective – Building B, prepared by mode 13.05.22
DA005 F Perspective – Building C, prepared by mode 13.05.22
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Plan No. Rev. Plan/Document Name Date
2021-060 D Hofmann Drive, Noosa Apartments – Landscape Concept March 2022
SK00
2021-060 D Hofmann Drive, Noosa Apartments – Landscape Concept March 2022
SK01
2021-060 D Hofmann Drive, Noosa Apartments – Landscape Concept as March 2022
SK02 annotated by Council
2021-060 D Hofmann Drive, Noosa Apartments – Landscape Concept as March 2022
SK03 annotated by Council
2021-060 D Hofmann Drive, Noosa Apartments – Landscape Concept March 2022
SK04
2021-060 D Hofmann Drive, Noosa Apartments – Landscape Concept March 2022
SK05
2021-060 D Hofmann Drive, Noosa Apartments – Landscape Concept March 2022
SK06
2021-060 D Hofmann Drive, Noosa Apartments – Landscape Concept March 2022
SK07
2021-060 D Hofmann Drive, Noosa Apartments – Landscape Concept March 2022
SK08
2021- 060 D Hofmann Drive, Noosa Apartments – Landscape Concept March 2022
SK09
C02 B Vegetation Clearing Layout Plan 02/11/2021
N/A 3 Bushfire Hazard Assessment (BHA) Property 17-19 Hofmann February
Drive Noosaville Lot 5 on SP222982 prepared by Queensland 2022
Bushfire Planning
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3.2. Changes to Conditions
Further to the changes to the approved drawings and documents, it is also requested to change a
number of the Approval Conditions to reflect the proposed changes.
Table 3: Proposed Amendments to Approval Conditions
Condition and Requested Amendments Comments
Condition 34 Changes are requested
to Condition 34 to
A maximum of 134 133 car parking spaces must be provided and
reflect the updated
marked on the site and made available and accessible at all times. The
drawings and
works must be undertaken in accordance with an Operational Works
documents.
approval and must include in particular:
Minimum 9 visitor parking spaces and 4 motorcycle/scoter spaces
within the total, which are clearly marked for that purpose and
accessible at all times for visitor use. These spaces must be located
outside of the basement.
3 disabled parking space within the total
dimensions, crossfalls and gradients in accordance with Australian
Standard AS/NZS2890.1:2004 Parking Facilities
4. ASSESSMENT OF MINOR CHANGE
Consideration has been given to the relevant matters for assessing a minor change in the Planning
Act 2016, having regard to the definition of a Minor Change in Schedule 2 and the assessment criteria
set out in Section 81, as well as the ‘substantially different development’ test prescribed in the
Development Assessment Rules.
4.1. MINOR CHANGE
Schedule 2 of the Planning Act sets out the definition of a Minor Change for a development approval
as follows:
Minor Change means a change that -
…
(a) for a development approval—
(i) would not result in substantially different development; and
(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
B. referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or
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C. referral to extra referral agencies, other than to the chief executive; or
D. a referral agency, in assessing the application under section 55(2), to assess the
application against, or have regard to, a matter, other than a matter the referral
agency must have assessed the application against, or had regard to, when the
application was made; or
E. public notification if public notification was not required for the development
application.
The proposed changes meet each of the criteria states in this definition. This is demonstrated in
Sections 4.2 – 4.5 below.
4.2. Substantially Different Criteria
In respect to part (b)(i) of the definition of Minor Change and what constitutes a substantially different
development, it is appropriate to have regard to the Development Assessment Rules, Schedule 1,
which sets out the substantially different development ‘test’. An assessment of the proposed changes
against the substantially different development criteria is included in the Table 4 below.
Table 4: Substantially Different Criteria Response
Guideline Criteria Response
Involves a new use. The proposed Minor Change maintains the same land uses
as those approved and this does not result in a development
that involves a new use.
Results in the application applying The application is over the existing parcel of land being Lot
to a new parcel of land. 17, 18 and 19 on SP322201. No new parcel of land is
involved in this application.
Dramatically changes the built form This change application involves a minor alteration to the
in terms of scale, bulk and overall building height as a result of a change in the roof
appearance. pitch of Building C. Similarly, minor amendments to the
approved materials and embellishments are sought. The
proposed changes do not dramatically change the built form
and appearance of the development for the following
reasons:
The proposed development continues to present as a
multiple dwelling development, comprising three
buildings with a building height of 3 storeys (consistent
with the approval).
The external presentation of the building is not dramatically
altered. The increase in overall building height being 0.28m
is minor in the context of the overall building form in the
streetscape.
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Guideline Criteria Response
Moreover, despite the proposed minor revisions, the
development continues to uphold the architectural language
and retains the robust design elements that were originally
approved.
Accordingly, all proposed changes are minor and will not
dramatically change the existing built form and appearance.
Please refer to Attachment D – Revised Architectural Plans
for more details.
Changes the ability of the proposed The proposed changes will not remove or change any
development to operate as element of the building that would change the ability of the
intended. development to operate as intended. The proposal remains a
multiple dwelling for residential purposes.
Removes a component that is The proposed Minor Change will not remove a component
integral to the operation of the that is integral to the operation of the development for
development. residential purposes. The development retains all integral
components which enable the use to operate effectively.
Significantly impacts on traffic flow The proposed modifications aim to adjust the approved
and the transport network, such as levels of the driveway crossover and ramp. While this
increasing traffic to the site. revision may slightly tighten manoeuvring, the proposed
ramp dimensions do not deviate from the approved levels but
merely adjust the proportions.
No changes are proposed to the residential unit yield, and as
such, no additional impacts on the adjoining road network
are anticipated beyond those considered in the original
approval. Furthermore, the approved access is preserved,
and no new impacts on traffic flow or the transport network
are expected.
In terms of parking, the proposed changes only involve a
reduction of one space, which will not result in additional
traffic movements. Therefore, the proposed modifications will
not significantly impact traffic flow or the transport network.
Introduces new impacts or The proposed Minor Change does not introduce new impacts
increases the severity of known of increase the severity of known impacts.
impacts.
Removes an incentive or offset No incentive or offset was considered by Council in their
component that would have assessment and approval of the original application.
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Guideline Criteria Response
balanced a negative of the Accordingly, this criterion is not relevant to the change
development. assessment.
Impacts on infrastructure provision. The proposed change will not result in any impacts on
infrastructure provision.
4.3. PROHIBITED DEVELOPMENT
The proposed change does not involve the introduction of any prohibited development into the
development. Accordingly, the change complies with criterion (b)(ii)(A) of the Minor Change definition.
4.4. REFERRAL AGENCIES
In respect to parts (b)(ii)(B), (C) and (D) of the definition of Minor Change, we note that the original
application was referred to the following agencies for assessment against the following requirements
as previously required by Schedule 10 of the Planning Regulation 2017:
Schedule 10, Part 9, Division 4, Subdivision 1, Table 1 – State Transport Thresholds; and
Schedule 10, Part 9, Division 2, Table 2 – Advice Agency (Energex)
If the application was lodged today, referral of the application would be required under the
abovementioned sections of the Planning Regulation 2017 as the proposed development would
exceed the prescribed thresholds for local government area 2 and is located within proximity to
Energex infrastructure.
Accordingly, there will be no new or additional referral agencies as a result of the change and no new
matters that the referral agency may, or must, assess the development application against, or having
regard to.
4.5. PUBLIC NOTIFICATION
If a development application for the existing approved development (i.e. without the proposed
changes) were to be made at the time this change application is made, it would trigger impact
assessment.
If a development application for the proposed development (i.e. including the proposed changes) were
to be made at the time this change application is made, it would also trigger impact assessment.
As demonstrated by the above, the proposed development would not become impact assessable
because of the proposed changes. Accordingly, the proposed change meets parts (b)(ii)(E) of the
definition of minor change.
4.6. SUBMISSIONS
One properly made submission was received in relation to the density of the original development
application. The applicant has considered this submission in the context of the proposed changes, and
notes that no change to density is proposed.
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4.7. APPLICATION FEE
Council’s ‘Fees and Charges 2024-2025 register’ identifies the applicable fees for a minor change, as
follows:
Minor change to a Development Approval – minor matters (as determined by Manager,
Development Assessment) (i.e. Dual Occupancy) - $2,617.00
Minor change to a Development Approval – More substantial matters (as determined by Manager,
Development Assessment) - $4,030.00
Minor change to a Development Approval – Major matters (as determined by Manager,
Development Assessment) 25% of applicable development application fee – Price on application.
The nature of the proposed changes outlined above, in our view, are 'minor matters', which results in
an assessment fee of $2,617.00. We acknowledge this fee is determined at the discretion of the
assessment manager and as such, the relevant fee will be paid upon receiving a fee quote from
Council.
4.8. Pre-Request Response Notices
There are no pre-request response notices associated with this change application.
4.9. Affected Entities
Section 80(1)(b) of the Planning Act confirms that the following are affected entities for a development
approval decided by the Minister:
“…
(b) if a referral agency would be the responsible entity for the change application if it were
made—
(i) the assessment manager; and
(ii) another referral agency for the development approval other than the chief executive;”
The original development application required referral to Energex as a portion of the site is subject to
an easement in favour of Energex. Energex is not under the jurisdiction of the Chief Executive and as
such, Energex is an affected entity of this minor change application. A copy of this minor change will
be given to Energex in accordance with Section 80(1) of the Planning Act.
As outlined above, SARA was a Concurrence Agency for the application. As SARA is under the
jurisdiction of the Chief Executive, a separate minor change application to SARA as a responsible
entity can be made concurrently or separately to, if required with notice provided to Council as a
relevant affected entity.
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5. CONCLUSION In summary, we consider that the proposed change fulfils the criteria of a Minor Change as defined in Schedule 2 of the Planning Act, and does not result in a substantially different development, as outlined in Schedule 1 of the Development Assessment Rules. The development, including the proposed changes, comply with the outcomes sought by the relevant planning instruments and associated assessment benchmarks. Therefore, the proposed amendments do not impact on the overall function of the uses or result in dramatic changes to the approved built form. We trust the supplied documentation is sufficient in order for Council to undertake an assessment of this request. If you have any questions, please do not hesitate to contact Holly Lucas on (07) 3004 6811. Yours sincerely, Trent Forrest Director [email protected] Ltr-240820 - Lot 17 - 19 Hofmann Drive Noosaville - Noosa Shire Council Minor Change_V2 23