Planning Statement Minor change (002) · MCU18/0003.01

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2. THE DEVELOPMENT APPLICATION
Condition 4 of the approval specifies a maximum building height for the development. Condition 4
states:

Building Height

Condition 4. The maximum height of the development must not exceed 8.0 metres above the
finished ground level and the natural ground level, except along the ridgeline of Dwelling A where
the vertical height must not exceed a RL 9.96 metres and in the south-western corner of Dwelling B
where the skillion roof must not exceed RL 9.7m.

Following construction, a survey of the site undertaken by a registered cadastral surveyor revealed
that the building south-western corner of the Dwelling B had a height of RL9.77m. The roof line
therefore does not comply with the condition of the approval by 0.07m.

Advice from the builder indicates that the height was accidently exceeded and note discovered until
the survey was undertaken. The applicant now seeks Council consideration of the request to slightly
alter the condition and approve the height of the building as constructed. The condition is requested
to be changed to the following:

   Condition 4. The maximum height of the development must not exceed 8.0 metres above the
   finished ground level and the natural ground level, except along the ridgeline of Dwelling A where
   the vertical height must not exceed a RL 9.96 metres and in the south-western corner of Dwelling
   B where the skillion roof must not exceed RL 9.77m.



3. COMPLIANCE WITH STATE PLANNING POLICIES
The proposal is for an urban activity within the Urban Footprint, and is located outside the Koala
Assessable Development Area. The proposal is compliant with the relevant State Regulatory Planning
Provisions.

4. ASSESSMENT
The applicant seeks to make a minor change to the existing development approval under Section 78
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’.

An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to
what defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

      b) for a development approval, is a change to the approval that —

        (i) would not result in a 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
            (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 change is considered to constitute a minor change as per the Planning Act.


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4.1     Assessment of Substantially Different Development

The Development Assessment Rules provide guidance on determining whether a proposed change
to a development approval results in substantially different development. The proposed changes
have been reviewed against this criteria with the changes not considered to be a substantially
different development.

4.2 Noosa Plan

The Noosa Plan details a maximum height limit of 8 metres from natural and finished surface levels
of the site as well as detailing a minimum floor level. The minimum floor level is due to the potential
for flooding. Council has agreed to concessions in relation to maximum height, due to this flood
constraint and has often agreed to an increase in height of around 0.5 metres in the Noosaville area
where the building meets the Noosaville design criteria detailed in the Planning Scheme.

The original area of encroachment approved by Council relates to a small area of roof line as
detailed below. The approved height for building A provided for a building that exceeded the 8 metre
height limit by 0.24 metres. The current encroachment for building B results in a height in metres of
approximately 8.2 metres which is well below Councils adopted approach of up to 8.5 metres.




The minor encroachment does not impact on the amenity of the surrounding area and is minor and
a result of an error by the builder.

The applicant seeks Council approval to vary condition 4 to reflect the constructed height. A
suggested condition is detailed below:

   Condition 4. The maximum height of the development must not exceed 8.0 metres above the
   finished ground level and the natural ground level, except along the ridgeline of Dwelling A where
   the vertical height must not exceed a RL 9.96 metres and in the south-western corner of Dwelling
   B where the skillion roof must not exceed RL 9.77m.

5. CONCLUSION
The proposed change to the approval is considered minor and does not impact on the surrounding
area or adjoining properties. This application can be supported on a number of grounds as
previously detailed and include:
              The proposed change is considered minor and meets the requirements of the
               Planning Act.
              The proposed change does not significantly alter the existing building or alter view
               lines applicable to the approved building form.
              The proposed changes are consistent with the provisions of the Noosa Plan.


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Please find attached:

       Change Form 5
       Attachment A – Height Certificate

The applicant will pay Councils fee upon receipt of a link for payment.

The Assessment Manager’s favourable consideration of the above development application is
recommended and if you have any queries please contact our Sunshine Coast office.


Yours sincerely




Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.




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Attachments (attached separately)
_______________________________________________________________________________

Attachment A – Height certificate




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