Original source · versioned page text
L04 To NSC -Lodge MCA
Council Reference: 51983.3225.12 (TPC1632) Our Reference: 02596 L04 GM 17th April, 2022 Chief Executive Officer Noosa Council PO Box 141 TEWANTIN QLD 4565 Confidential Email Transmission: [email protected] Original in Post: No Attention: Environment and Sustainable Development Directorate Dear Sir/Madam RE: LODGEMENT OF A MINOR CHANGE APPLICATION Development Application for a Minor Change to Existing Development Approval 132006.823 Being a Minor change to Development Permit TPC1632 (51983.3225.12) (Multiple Dwelling - 25 Units and 8 Shops, & Dwelling Unit) for premises located at 17/30 Hastings Street, Noosa Heads and described as Lot 17 on GTP1154 and within The Hastings CTS21433 The owner of Lot 17 within The Hastings Community Tittles Scheme (“CTS”) 21433 (“the applicant”) has engaged Martoo Consulting to compile and lodge this change application which is seeking to a minor change an existing development approval (TPC1632 / 51983.3225.12) (“this change application”) with Noosa Shire Council (“Council”) as the responsible entity under Sec 78A of the Planning Act 2016. The proposed changes relate to internal and external design changes to the approved plans which essentially relate to the proposed installation of a lift. This letter explains the proposed changes and provides an assessment of the development against the relevant code provisions contained within the currently planning scheme (“the Noosa Plan 2020”). 1. The Subject Site The subject site comprises a standard format lot in The Hastings CTS 21433 (note: original referred to as a group title lot under the then Building Units and Group titles Act 1980). The Hastings CTS 21433 comprises 28 lots and common area of 1918m2 on a parent parcel with an area of 4933m2. Easements A (290m2), B (110m2) and C (15m2) on RP193961 are registered over the scheme land (parent parcel) with Council as the dominant tenement for access purposes. The three easements were created due to Easement B being restricted to a height of 4.75m. on Australian Height Datum (AHD). Easements A and C are unrestricted in height. Refer to Figure 1 so as to identify the site in the scheme land. The site is described as Lot 17 on GTP1154 and being a standard format lot is defined by metes and bounds as identified in Figure 2. The site has a lot area of 105m2. Neither Easements A, B nor C are registered over the site. The western boundary of Easement A aligns with the eastern boundary of the site.
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 7 pages
Page 2
Figure 1 : The Subject Site (highlighted in yellow) and
Scheme Land (outlined in red)
Page 2
[OCR of page images]
i
SRA
1%
Figure 1: The Subject Site (highlighted in yellow) and
Scheme Land (outlined in red)
Page 2
Page 3
Figure 2: The Subject Site
2. The existing Development Approval
The existing development was originally approved by Council in October 1983 (TPC1632 – 25
Bungalow Style 2 bedroom Units and 8 Shops). This development approval was issued under the
then Noosa planning scheme and the then Local Government Act 1936 (as amended). A restaurant
was subsequently approved on the site in December 2000 (18478DA). A number of changes have
been approved for the scheme land and include the following:
June 2006 - A change to the development approval to enclose the manager’s residence car
space into an office.
June 2011 - Plans to enclose 8m² of the lower level of Unit 7 were considered ’generally in
accordance’ with the existing approval.
November 2014 – Enclosure of an additional 5.75m² of the ground floor of unit 22.
October 2015 - Enclosure of the carport of Unit 11 (13.3m2 to be enclosed).
March 2016 – Enclosure of the carports of Units 14 and 25 (an additional 14m 2 per unit).
May 2016 - Change to an existing approval for the redevelopment of Unit 15 of “The
Hastings” that sought to the replace the existing dwelling unit on site with a new dwelling
unit. Four storey dwelling approved for the site
March 2017 - Change to an existing approval to enclose part of the car port of Unit 20 by
20.5m2. This change did not approve a space capable of being a bedroom as this was not
applied for. The plans annotated remove of a wall.
April 2017 - Change to an existing approval to enclose part of the car port of unit 20 by
8.554m2 and reconfigure (change to internal layout) level 1 and 2.
August 2017 - Change to an existing approval to enclose part of the car port to create a room
capable of being a bedroom of Unit 20.
August 2017 - Change to an existing approval to partially enclose under the existing unit and to
reconfigure the second floor relating to Unit 5.
Page 3
Page 4
May 2018 - Change to existing approval to partially enclose the subfloor area of unit 21 to provide
a covered entry and storeroom area, an expanded bathroom/laundry and enclose under the
existing upper level deck. An additional 18m2 approved.
November , 2020 – Change to Lot 17 (i.e. the site) generally as follows:
o Ground Level - new storage and new bathroom, and internal stairs;
o Level 1 – extensions to provide for a new bathroom, kitchen and internal stairs;
o Level 2 – extension to provide a new ensuite and bathroom and internal stairs;
o Roof top terrace - family room, bathroom, outdoor terrace and spa
New cement rendered wall cladding was approved along with additional privacy screens.
Refer to approved plans in Attachment A.
The existing development approval is (TPC1632 / 51983.3225.12) was issued by Council on 25th
November, 2020 and approved the following plans (refer to approved plans in Attachment A)
subject to additional/amended conditions:
Sheet 01, Issue D - Site Location, Site Plan & Floor Plans, prepared by Innovate Architects
October 2020
Sheet 02, Issue D - Elevations, Section & External Finishes Schedule, prepared by Innovate
Architects October 2020
Sheet 07 Issue C - Perspectives, prepared by Innovate Architects October 2020
3. The Current Proposal to Change the Existing Development Approval
The works approved in the existing development approval have not yet commenced.
The landowners had commissioned Innovate Architects to compile working drawings based on the
existing development approval. As a result of detailed design considerations the landowners
identified the merit to further improve the utility of the existing building as approved to be altered by
the existing development approval by including the following alterations.
o Ground Level – the proposed inclusion of a lift in the centre of the footprint and the
rearrangement of all internal rooms with the exception of the northern most store approved
in the existing development approval. The proposal plans in Attachment B indicated that
footprint approved in the existing development approval in purple dashed line with the
changes generally within the red balloon line work. The proposal is to extend the building
footprint on the ground level about 1.2m to the south to allow for the proposed lift and in
doing so the gross floor area for the ground level will increase from the approved 33.8m 2 to
36.9m2 (i.e. by about 9%). The laundry is proposed to be relocated to the first floor.
o First Level – the proposed inclusion of a lift in the centre of the footprint obviously needs to
extend to the first level (and to second level). The proposal includes associated
rearrangement of some storage in the kitchen and powder room and stairs and the inclusion
of the laundry. The proposal plans in Attachment B indicated that footprint approved in the
existing development approval in purple dashed line with the changes generally within the
red balloon line work. Again the main purpose of the proposal is to extend the building
footprint on the first level about 1.2m to the south to allow for the proposed lift. In doing so,
the gross floor area for the first level will increase from the approved 34.33m2 to 53.8m2 (i.e.
by about 57%)
o Second Level – once again a lift is proposed in the centre of the footprint and the
associated rearrangement of the approved rooms on this level is limited mainly to the
bathroom and internal stairs. The proposal plans in Attachment B indicated that footprint
approved in the existing development approval in purple dashed line with the changes
generally within the red balloon line work. The proposed changes continue to relate to
extend the building footprint on the ground level about 1.2m to the south to allow for the
proposed lift. Again when doing so, the gross floor area for the ground level will increase
from the approved 34.33m2 to 36.9m2 (i.e. by about 57%)
Page 4
Page 5
o Roof top terrace - as proposed in the levels below, a lift is proposed in the centre of the
footprint and the associated rearrangement of the approved rooms on this level
which include the bathroom and internal stairs. The outdoor terrace and spa has
been altered such that the truncation on the deck has been removed.
The built form and palette of external construction material remains as supported by Council in the
existing development approval. As a result of structural engineering advice associated with the
proposed inclusion of a lift, the floor levels for Level 2 and the roof terrace have increased slightly as
shown on the Section A-A in the Elevations in Attachment B such that the maximum building height
in metres will increase from 13.70 to 13.95m on AHD. Again the elevations approved in the existing
development approval as indicated in purple dashed line with the changes generally within the red
balloon line work.
All proposed works remain to be fully contained within the site (i.e. Lot 17 on GTP1154).
The arborists report and stormwater management plan as previously provided to Council for the
existing development approval are considered to remain relevant for the purpose of assessing a
proposed minor change to a land use approval.
4. Assessment of This Change Application
4.1 Statutory Requirements
Minor change for an existing development approval is defined in the Planning Act 2016 as:
‘minor change means a change that—
….
(b) 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
(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.’
“Substantially different development” is referenced in Schedule 1 of the State Development Assessment
Rules (”DA Rules”) includes any of the following:
‘4. A change may be considered to result in a substantially different development if any of the following
apply to the proposed change:
(a) involves a new use; or
(b) results in the application applying to a new parcel of land; or
(c) dramatically changes the built form in terms of scale, bulk and appearance; or
(d) changes the ability of the proposed development to operate as intended;27 or
(e) removes a component that is integral to the operation of the development; or
(f) significantly impacts on traffic flow and the transport network, such as increasing traffic to the
site; or
(g) introduces new impacts or increase the severity of known impacts; or
(h) removes an incentive or offset component that would have balanced a negative impact of the
development; or
(i) impacts on infrastructure provisions.’
Page 5
Page 6
It is considered that the proposed changes are a minor change under the Planning Act and the resulting
development will not be a substantially different development as defined above under the DA Rules. It is
also considered that the If the application including the proposed changes were remade it would not:
include prohibited development;
require referral to any referral agencies or additional referral agencies as no referral
agencies are triggered by the use or site location;
require referral to extra referral agencies as no referral agencies are triggered by the use or
the site location; nor
trigger referral to another agencies; and that
public notification was carried out as part of original development application.
The proposed changes have been reviewed against this above criteria with the changes not
considered to be a substantially different development as detailed below:
(a) involves a new use;
No new uses are proposed as part of the change application as the changes relates to changes
to the design of the existing residential unit on the site.
(b) results in the application applying to a new parcel of land;
No new parcel of land to be utilised.
(c) dramatically changes the built form in terms of scale, bulk and appearance;
Considered in context with the entire development, the proposed changes are relatively minor
with the design utilizing the existing narrow form of development and maintains the character of
the individual units on site.
(d) changes the ability of the proposed development to operate as intended;
The changes do not affect the operation of the existing/approved unit.
(e) removes a component that is integral to the operation of the development;
Does not remove a component that is integral to the operation of the development.
(f) significantly impacts on traffic flow and the transport network, such as increasing traffic to the
site;
Building design changes do not impact on traffic or transport networks.
(g) introduces new impacts or increase the severity of known impacts;
No change to existing impacts of the development.
The proposed change to the existing approval are considered to meet the requirements detailed
under the Planning Act and the Development Assessment Rules for a Minor Change and will not
result in a substantially different development.
The proposed changes are considered minor changes under the Planning Act 2016.
Page 6
Page 7
4.2 Development Assessment
In assessing this Change Application, Council as its assessment manager must consider that planning
scheme as in effect when the original development application was properly made (S81 of Planning Act
2016). This change application refers to this planning scheme as the originating planning scheme above.
The Planning Act also provides for Council to be able to give appropriate weight to, among other things,
the planning scheme when the change application was made. This is the Noosa Plan 2020.
The site is currently included in the Tourist Accommodation Zone and in the Hastings Street Mixed Use
Precinct and the Noosa Heads Local Plan area under the Noosa Plan 2020.
The following comments are offered in relation to the assessment of this change application:
1. All works proposed in the change application remain within the site (i.e. Lot 17 on GTP1154)
and no additional works are proposed with the Common Property (or another lot) in The
Hastings CTS.
2. The proposed changes do not result in any change in approved use within the site or on th
scheme land.
3. The maximum building height in metres will increase from 13.70m. to 13.95m on AHD (i.e. a
height increase from 11.47m. to 11.72m. above ground level) as a result of the proposed
changes. There will be no increase of maximum building height in storeys. The proposed
maximum building height of 11.72m. is below the 15m. in the Noosa Plan 2020, noting that
the building is clearly greater than 10m. from both Hastings Street and Noosa Drive.
4. The increases increase in gross floor area on all levels from the approved 161.88m2 to
177.8m2 is not conflict with the Noosa Plan 2020 given that the site is include in the Tourist
Accommodation Zone and in the Hastings Street Mixed Use Precinct under the 2020 Noosa
Plan. Itis also noted that the site is within a lot in a community titles scheme comprising
residential uses and shops. The proposal will not result in the maximum gross floor area for
the scheme land for the residential component exceeding that allowed under the Noosa
Plan 2020.
5. The increase in site cover over the scheme land to 35% is below that in the 45% in the
Hastings Street mixed use precinct under the Noosa Plan 2020.
6. The boundary setbacks from the proposal to the relevant boundaries of the scheme land are
greater than the minimum setbacks nominated for sites on the southern side of Hastings
Street and west of Noosa Drive under the Noosa Plan 2020.
7. The proposal does not result in any increase in the number of bedrooms in the approved
premises.
8. The proposed change does not alter the number of parking spaces within the site, nor
generate the need for additional parking spaces, nor impact on access to/from
existing/approved parking spaces either within the site or the scheme land.
9. The proposal does not impact on any existing open space or landscaping within common
property in the scheme land.
10. Given the location of the site, the proposal will not be contribute significantly to the
streetscape when viewed from Noosa Parade. In any regard the contribution will not be
noticeably different to that likely to result from the existing development approval.
11. The proposed changes do not impact on the use of the easement through the scheme land
as a Key Pedestrian Cycle Link as identified in Figure 7.2.5.5 - Hastings Street Framework
& Character Plan in the Noosa Plan 2020.
12. The removal of the truncation of the approved deck on the roof top terrace does not
detrimentally impact on the privacy or residential amenity of any surrounding premises. It is
Page 7
Page 8
noted that the deck in Lot 16 to the west encroaches slightly into the site. This however is
not considered relevant to the assessment of this change application.
5. Summary and Closure
The applicant proposes a minor change to the existing development approval ((TPC1632 /
51983.3225.12) by those proposed changes identified above. It is considered that the proposed changes
comply with the relevant planning outcomes in both the originating planning scheme and the 2020 Noosa
Plan.
As a result it is requested that this change application be approved by Council by amending the existing
development approval to approve those changes identified above.
The following three (3) documents are attached as part of this change application:
1. The approved plans in the Existing Development Approval (Attachment A)
2. The proposal plans for this change application (Attachment B)
3. A completed Planning Act Form 5 (Attachment C)
It is considered that the landowner’s consent to the making of this change application is not required from
the Body Corporate of The Hastings CTS 21443 and is also not required from any owners of those lots
other than the site (i.e. Lot 17) created in the completed development of the existing development
approval over the site under S79 (1A) of the Planning Act 2016. Such a position has been established
due to the common property and these other lots being considered to be “excluded premises” and that the
change application does not materially affect these excluded premises.
It is requested that Council issue Martoo Consulting a payment link made out to the applicant for Council’s
assessment fees of this change application so that the applicant can pay Council directly.
Please contact me on mobile 0409632830 or [email protected] if Council requires any further
information and/or clarification in relation to this change application.
Yours sincerely
Greg Martoo
Principal
Martoo Consulting Pty. Ltd.
Encl (3)
Page 8