Cover Letter - Minor Change Application

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Figure 1 - Ground level floor plan




Figure 2 - First level floor plan


[OCR of page images]
BRENNAN PLANNING

| $ROUND FL AREAS PERNT APPROVED PLANS

uo MCU19/0024 & OPW19/0049

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APPROVED PLANS
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20 JUNE 2019

 

 

 

 

Figure 2 - First level floor plan

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Figure 3 - Front elevation




Figure 4 - Perspective view from street

The development was approved by Council on 20 June 2019 (MCU19/0024 & OPW190049) under the
Noosa Plan 2006 (8 June 2018).

The Proposal
The proposed minor change application seeks approval for a 5.5m x 2.6m pergola to be established within
the rear courtyard area associated with Unit 1. The pergola is an open and lightweight structure that is
positioned 2.85m from the rear boundary and 6.5m from the southeast side boundary. The pergola has a
height of 2.72m above the existing ground level.

The design and siting of the proposed pergola is further illustrated in Figures 5 - 7 below:

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Figure 5 - Site plan illustrating location of pergola




Figure 6 - Side elevation of pergola




Figure 7 - Front elevation of pergola

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The proposed pergola is a shade structure within the landscaped open space area and consequently does
not result in any additional site cover as per the definition of site cover under the Noosa Plan 2020.

Please refer to Attachment 1 - Proposal Plans for further details.

Changes to Conditions/Plans of Approval

As a result of approving the proposed changes, it is requested that the plans listed in the table below are
reflected in any change to approval decision notice. It is considered that no other change to the approval
would be necessary.

Material Change of Use

Additional plans to be included:

Approved Plans
 Plan No.             Rev.     Plan/Document Name                                           Date
 SK100                -        Ground Floor, prepared by Peter Hull Architect Pty Ltd       20/09/21

 SK101                -        Pergola Plan, prepared by Peter Hull Architect Pty Ltd       14/09/21

 SK200                -        Section S-01, prepared by Peter Hull Architect Pty Ltd       14/09/21

 SK201                -        Section S-02, prepared by Peter Hull Architect Pty Ltd       14/09/21



Statutory Process

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change relates to
         a minor addition involving a small pergola structure associated with a dual occupancy;
    + The changes would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor change’ to
the approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application:

(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.

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(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in
the circumstances, to— (a) the statutory instrument or other document as in effect when the change
application was made;

The Noosa Plan 2006 (8 June 2018) was the statutory instrument that was in effect when the original
application was properly made. The Noosa Plan 2020 (21 September 2020) was in effect at the time that
this change application was made. An assessment of the change against the relevant provisions contained
in both instruments is provided below:

Noosa Plan 2006 (8 June 2018)

  Criteria                        Planning Scheme                    Proposal                           Complies
  Site cover                      40% max                            39%                                ü
  Landscaped open space           264m²                              315m²                              ü
  Soft landscaping                158.4m²                            179.26m²                           ü
  Boundary setbacks
  • Side (southeast)              1.5 metres                         6.5 metres                         ü
  • Rear                          6 metres                           2.85 metres                        O

The Noosa Plan 2020 (21 September 2020)

  Criteria                        Planning Scheme                    Proposal                           Complies
  Site cover                      40% max                            39%                                ü
  Landscaped open space           40% (322.9m²)                      N/A - no change                    N/A
  Soft landscaping                193.7m²                            179.26m²                           O
  Boundary setbacks
   * Side (southeast)             1.5 metres                         6.5 metres                         ü
  * Rear                          6 metres                           2.85 metres                        O

As demonstrated above, the proposed development is compliant with the relevant outcomes contained
within the applicable codes with the exception of rear setbacks under the Noosa Pan 2006 and rear
setbacks and soft landscaping provisions under the Noosa Plan 2020. While weight may be afforded to the
current instrument that is in effect, it is considered that the Noosa Plan 2006 should be afforded substantial
weight, given that the dual occupancy was designed and established under this instrument and the
proposal is for a minor alteration to the current design to include a pergola. Nonetheless, an assessment of
the issues against the performance outcomes contained in planning scheme is provided below:

Rear Setbacks

Noosa Plan 2006 - Noosaville Locality Code

Setbacks
O9 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)      allow space for required vehicle parking;
d)      preserve any existing vegetation that will buffer the proposed building;
e)      allow for landscaping to be provided between buildings;
f)      maintain the visual continuity and pattern ofbuildings and landscape elements within the street;
g)      avoid large areas of continuous wall planes by varying the building setbacks and using appropriate
        techniques to provide visual relief; and
h)      help protect the natural character and visual amenity of the Noosa River system and other
        watercourses.

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Noosa Plan 2020 - Medium Density Residential Zone Code

PO9
Buildings and structures are designed and sited to:

a)   provide a high level of amenity to users of the subject site and adjoining premises, including provision of
     visual and acoustic privacy;
b)   not unreasonably obstruct views or cause overlooking of private open space or habitable areas
     of adjoining premises;
c)   provide adequate distance from adjoining land uses;
d)   preserve existing vegetation that will help buffer development;
e)   allow for space and landscaping to be provided between buildings including adequate area at ground
     level for landscaping with trees, shrubs, outdoor living and utilities;
f)   be consistent with the predominant character of the surrounding area; and
g)   protect the natural character and avoid adverse impacts on ecologically important areas such as
     national parks, waterways and wetlands.

Assessment

The proposed pergola provides a 2.85m setback from its outermost projection to the rear boundary of the
site. Consequently, it does not comply with the minimum rear setback of 6m under both planning schemes.
While not achieving the acceptable outcome, it is considered that the proposed pergola complies with
Performance Outcomes PO9 of the Noosaville Locality Code and High Density Residential Zone Code for
the following reasons:
+ the pergola would provide a high level of amenity for the users of the subject site in that:
      o the pergola will provide for small 5.5m x 2.6 structure to provide additional shading to the pool area
           for the occupants of Unit 1;
      o the pergola would enhance liveability of the dwelling and promote outdoor living; and
      o it would better respond to Noosa Shire’s subtropical climate and improve the passive design of
           Unit 1 by improving shade opportunities in the landscaped open space area;
+ the pergola is a low profile, open and lightweight structure and would maintain visual and acoustic
      privacy for adjoining residents and not unreasonably obstruct views in that:
      o the pergola is a very small and modest structure;
      o the pergola is positioned in centrally along the rear boundary of the site at ground level and would
           not cause overlooking opportunities on rear duplex development at 6 Nannygai Street;
      o the pergola has a low height of 2.72m and a vegetation screen will be maintained to the adjoining
           property at 6 Nannygai Street and consequently it will not be visually perceivable;
+ the pergola will maintain an adequate separation from the dual occupancy at 6 Nannygai Street for the
      reasons mentioned above;
+ a 2.85m landscape strip will be maintained to the rear boundary which includes a row of Syzygium
      australe and will visually obscure the pergola from the rear neighbour; and
+ the proposed pergola will not be visible from the street frontage and will be consistent with the
      predominant character of the area which includes a dual occupancy adjoining the rear boundary at 6
      Nannygai Street that provide a 2m setback from the common boundary.
Landscaping

Noosa Plan 2020 - Dual Occupancy and Multiple Dwelling Code

Landscaping & private open space
PO10
Development:
(a) enhances liveability and promotes outdoor living;
(b) contributes to the visual amenity and natural landscape character of the area;
(c) retains existing large trees where practicable;

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(d) provides privacy between uses;
(e) educes the bulk and scale of development; and
(f) conceals services, car parking and manoeuvring areas.

The proposal would provide 179.26m² of soft landscaping in lieu of 193.7m2 and consequently does not
achieve acceptable outcome AO10.1 of the code. While not achieving the acceptable outcome, it is
considered that the proposed pergola complies with Performance Outcomes PO10 of the Dual Occupancy
and Multiple Dwelling Code for the following reasons:
    + it will enhance the liveability of the open space area by providing shading to the pool area and
        promoting outdoor living;
    + the pergola is a small, low profile, open and lightweight structure that contributes to the landscape
        setting and character of the private open space area;
    + it is positioned on an area that is currently turfed and will maintain the trees along the rear boundary
        of the site;
    + privacy will be maintained between uses as it will not cause any overlooking opportunities and will
        maintain a vegetated buffer that will ensure the structure is not visually perceivable from the dual
        occupancy that adjoins the rear boundary; and
    + it will not interfere with landscaping associated with car parking and manoeuvring areas.

Conclusion

The above report demonstrates that the proposal involves a minor change under the Planning Act 2016 ,
and appropriately responds to the provisions and intent of the Noosa Plan 2020. Overall, it has adequately
been demonstrated that the proposed changes comply with the performance outcomes of the relevant
codes and will maintain a high level of residential amenity and a building that complements the riverside
character of the area. Consequently, the minor change application should be supported.

Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to the
requested minor change to a development approval. Should you have any questions in relation to the
proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,



Marcus Brennan
B. Urb. Reg. Plan