Minor Change Report 51988.2849.04

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author: Coordinator Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	51988.2849.04
Development Approval	Multiple Dwelling of 20 units, 8 Shops and 2 Restaurants
Applicant	Gavin Maddock Design Studio
Request Received On	5 May 2020

PROPERTY DETAILS
Property Address	Noosa On The Beach 49 Hastings Street Noosa Heads
RP Description	BUP 8884
Land Area	2,000m2
Existing Use of Land	Multiple dwellings, shops and restaurants – area subject to the application is a pool deck

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Mixed Use
Overlays	Acid Sulfate Soils
Assessment Type	Minor Change to Development Approval

PROPOSAL
The proposal seeks to upgrade an existing pool deck area at Noosa on the Beach. Works subject to the current application are situated within the required 10 metre setback to The Parade. It is proposed to:
Construct an approximately 31m2 pergola extending from the face of the existing building;
Increase the height of a wall to the east of the eastern side of the existing stairwell; and
Re-locate the spa
Undertake cosmetic improvements to the face of existing walls within the pool deck area

The project also includes a range of works, some of the works are within the footprint of the existing building, which do not form part of the current application as they do not require approval. These works relate to the modification of the areas currently utilised as toilets and storage to a gym and toilet, upgrade to the pool lining and terrace surface tiling and modification of the existing boundary fence to The Parade. This includes modification to the external wall of the building which reduces the extent of enclosed area resulting in additional outdoor pool terrace area.
The following images provide a Locality Pan.

Figure 1: Locality Plan

Figure 2: Project works area

Figure 3: Project works area
The following plans/images provide details of the existing conditions and the proposed works.

Image 1: Photographs of existing conditions

Figure 4: Site plan
Figure 5: Cosmetic changes to boundary block wall and staircase

Figure 7: Increase in form and height of wall to east of stair case

Image 2: Render of pergola roof, increased wall to east of stair case, relocated spa and cosmetic changes.

background
TPC 1900 was lodged in April 1987 and sought Council’s approval for a multiple dwelling of 12 x 2 bedroom units capable of being let as a multiple dwelling of 12 x 1 bedroom and 8 x 2 bedroom accommodation units. The application also sought approval for 8 shops and a restaurant and was amended after the advertising period to seek Council’s approval for 11 shops. Council approved the units and restaurant but limited the approval to 8 shops. Notice of Council’s approval was issued in June 1987.
In November 1987 a Building application was lodged which included the provision of 20 self-contained units and possibly 11 shops. Advice was proved to the applicant at the time that assessment of the building application could not proceed. Amended building plans were submitted in February 1988 along with an amending Town Planning application (TPC 2021).
On 15 March 1988 a development approval (TPC 2021) was issued for a Multiple Dwelling of 20 units, 8 Shops and 2 Restaurants. The area subject to the application is annotated on the approved plans as ‘Pool’.
On 1 May 2018 an application was received to address the eastern tenancy of The Parade frontage. The tenancy is occupied by a restaurant with the application seeking to replace the northern elevation and conduct works within the common property area abutting the building, the application is currently under assessment.
The following images detail some of the originally approved plans with the works area highlighted.

Figures 8, 9 and 10: Location of works area as detailed on originally approved plans

assessment
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;
The Noosa Plan.
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 substantially different development as the proposed changes do not alter what the original approval allowed the site to be used for with the built form changes being minor in terms of the overall scale and bulk of the existing development;
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.
Statutory Instruments – Planning Scheme
Amended plans
Setback
The eastern end of the buildings northern elevation is currently setback approximately 7.29 metres from the northern boundary in lieu of the 10 metres required by the planning scheme. Due to the building being curved and the northern boundary angled approximately 50% of this section of the northern elevation is within the 10 metre setback. The proposed pergola seeks to reduce the setback to 6 metres at the eastern corner of the pergola with a maximum setback of 7.8 metres at the western corner. The structure on the adjoining tenancy to the east is set to the boundary.
Specific Outcome O8 of the Noosa Heads Locality Code requires that:
Buildings and other structures are appropriately designed and sited to—
a) provide amenity for users of the premises as well as preserve the visual and acoustic amenity of adjoining and nearby properties;
b) provide adequate distance from adjoining land uses
c) preserve any existing vegetation that will buffer the proposed building;
d) allow for landscaping to be provided between buildings;
e) maintain the visual continuity and pattern of buildings and landscape elements within the street;
f) protect public safety and property within erosion prone areas by ensuring such areas are maintained largely free of development; and
g) help protect the natural character and visual amenity of coastal areas and watercourses
Whilst the proposal does not met the minimum boundary setback it complies with the Specific Outcome as it improves the amenity of users of the pool deck area without detrimentally impacting on the visual and acoustic amenity of adjoining and nearby premises. The adjoining property to west comprises 3 levels of dwelling units which include north facing balconies. From a site inspection it is evident that a number of these units obtain views across the subject site towards the Noosa Heads National Park. The lower level being situated at ground level does not obtain views across the subject site due to the existing block work boundary wall. Accordingly an inspection was conducted from a unit on the mid-level. As it was not possible to obtain access to the eastern most unit photographs across the subject site were taken from the next unit to the west.
The following images detail the location from where photographs were taken:

Figure 11: Location of site photos

Figure 12: Location of site photos
An approximate outline of the proposed raised wall and roof structure has been superimposed on one of the photos taken from the mid-level unit at the adjoining property. The image detailed below demonstrates that whilst the proposed structures extend within the 10 metre setback  it is likely that it will only impede sight lines towards existing built form and that views towards the National Park are maintained, noting the northern views of the adjoining properties remain uninterrupted.

Figure 12: Indication of impact of proposed structure on views
It is also noted that numerous developments adjoining The Parade have structures within the 10 metre setback, with several having structures adjacent to the boundary. In this instance, the setback, ranging from 6.0 to 7.8 metres, maintains the visual connectivity and pattern of buildings adjacent to The Parade. Importantly, the proposed works revitalise the dated façade which addresses a prominent public space.
Site Cover
At the time TPC was made the Town Plan permitted Site Cover of 37.5% whilst the Development Control Plan Scheme had no limit for Site Cover.
The officer’s report relating to TPC 2021 identifies that the proposed site cover was 63% at the time that TPC 1900 was issued. There is no comment within the officer’s report for the site cover associated with TPC 2021, it is reasonable to assume that the current site cover is therefore approximately 63%. The current Noosa Pan prescribes a Site Cover of 45%.
In light of the current Site Cover requirement within the Noosa Plan no additional site cover is supported. In this regard the applicant has advised that the proposed pergola is to be permeable by virtue of being constructed of 100 x 6mm aluminium flat bars in a vertical arrangement, spaced 50mm apart and therefore the pergola does not contribute to site cover. However, the details of the spacing have not been included on the plans and accordingly conditions of the approval will address the requirement for the pergola to be permeable. Furthermore, a condition of the approval will require that the aluminium bars be treated so as not to result in glare to surrounding properties.
Cosmetic works
The re-location of the spa and the re-surfacing of existing walls raise no concern as they contribute to the re-vitalisation of this prominent façade. However, it is noted that the plans include a notation regarding the demolition and new formation to part of the existing wall to the northern boundary. In this regard the plans also include a notation stating that all due care to be taken to ensure existing landscaping is not damaged during the course of the work. Landscaping within The Parade adjacent to wall forms a significant part of the character of the board walk area. A condition is to be included to ensure that the works do not impact on this landscaping.
draft planning scheme
The Tourist Accommodation zone applicable to the site under the draft planning scheme is consistent with the current Visitor Mixed Use zone and raises no concern. The Flood Hazard Overlay will apply to the site however the proposal generally does not involve works which change how the area is currently used or amend existing floor levels and as such the works are reasonable in context of the new overlay applying to the site.
cONSULTATION
Not applicable
conclusion & reasons for decision
The proposal seeks to undertake works to the pool area of an existing multiple dwelling/shops and restaurant complex. These works are located within the 10 metre setback to The Parade however the encroachment is supported as they will not have a detrimental impact on surrounding properties or the public foreshore. Furthermore, the works provide for an improvement to the dated façade and will provide improved amenity for users of the site. A number of conditions are to be included to ensure that the pergola remains permeable, does not result in glare and that works do not impact on the existing vegetation within The Parade.

RECOMMENDATION
With regard to Application No. 51988.2849.04, to make a minor change to an existing approval for Multiple Dwelling of 20 units, 8 Shops and 2 Restaurants situated at Noosa on the Beach, 49 Hastings St Noosa Heads described as BUP 8884, Council on 10 June 2020 decided to:
A.	Approve the change.
B.	Include the following additional conditions:
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans. The approved plans are listed in the following table and may be amended by these conditions and annotations on the plans.
Plan No.	Rev	Plan Name – Prepared by	Date
276_101	P5	Staging/Site Plan as annotated by Council, prepared by Maddock	08.06.2020
276_102	P5	Pool - Detail Plan as annotated by Council, prepared by Maddock	08.06.2020
276_103	P5	Pool – Wall Elevations as annotated by Council, prepared by Maddock	08.06.2020
Nature and Extent of Approved Use
The pergola most remain permeable and constructed with 100mm x 6mm aluminium flat bars, or the like, in a vertical arrangement, spaced a minimum of 50mm apart.
The aluminium bars must be treated so as not to result in glare to surrounding properties
Existing landscaping within The Parade must not be damaged, removed or destabilised.
No works or storage of materials is to occur within The Parade, unless authorised by a further permit.
The increased height of the wall to the eastern side of the steps is not to exceed the height of the existing wall on the boundary.
The new glazing to the beachfront fence must be transparent and no higher than the existing glazing.

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