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planning report ross cres · 51996.2028.01

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          Development Application
              Planning Report


    Minor Change to Existing Approval – 04634TP
Situated at Lot 8 / 27 Ross Crescent, Sunshine Beach
                     (8GTP100897)




                                                Page 1 of 10
Full text of the other 9 pages

Page 2

Contents
1.0        Summary ........................................................................................................................... 3
    1.1       Development application details ................................................................................................3
    1.2       Planning instrument details .......................................................................................................3
    1.3       Referral agencies........................................................................................................................3
    1.4       Background Approvals ...............................................................................................................3
2      Site details............................................................................................................................. 4
    2.1       Site description ..........................................................................................................................4
    2.2       Surrounding land uses ................................................................................................................5
3      Proposed development details .............................................................................................. 6
4      Planning assessment ............................................................................................................. 7
4.1        Minor Change Assessment ................................................................................................. 7
    4.2    Key issues ..................................................................................................................................9
      4.2.1 04634TP Compliance ........................................................................................................................ 9
      4.2.2 The Noosa Plan (Building Works Code) ............................................................................................ 9
      4.2.3 Coastal Protection Overlay ............................................................................................................... 9
      4.2.4 Landslide Hazard Overlay ................................................................................................................. 9
5.0        State assessment and other matters ................................................................................ 10
    5.1    State interests .......................................................................................................................... 10
      5.1.1 Matters established in the Planning Regulation ............................................................................ 10
      5.1.2 State Planning Policy ...................................................................................................................... 10
6.0        Conclusion ...................................................................................................................... 10




Client Name:           Goetz Maeuser
Prepared by:           Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:               1
Date:                  26 June 2020


This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken because of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.




                                                                                                                                          Page 2 of 10

Page 3

1.0 Summary

1.1 Development application details
 Proposed development:           Minor Change to Existing Approval (04634TP) Lot 8 - Group
                                 Title Development 'The Beach Houses'
 Type of approval sought:        Minor Change to Existing Approval
 Site address:                   Lot 8 / 27 Ross Cres, Sunshine Beach (The Beach Houses)
 Real property description:      8/GTP100897
 Site area:                      400m2
 Assessment manager:             Noosa Council
 Owner details:                  Goetz Maeuser
 Applicant details:              Goetz Maeuser c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:          Nil
 Regional plan:                  SEQ Regional Plan 2009–2031 (version commenced 2 May
 Designation:                    2014), urban footprint designation.
 Planning scheme:                The Noosa Plan
 Zone:                           Detached Housing zone
 Level of assessment:            Minor Change
 Applicable overlays:            Natural Resources – Coastal Protection Area
                                 Natural Hazards – Slide Hazard
 Applicable codes:               Building Works Code
                                 Natural Resources Overlay Code (Coastal Protection)
                                 Natural Hazards Overlay Code


1.3 Referral agencies
Nil


1.4 Background Approvals
On the 7 January 1994, Council approved a Plan of Development for the 10 Dwelling Unit Group
Housing Development (The Beach Houses).

On the 4 September 1996, Council approved a Gabriel Poole designed house for Lot 8 (04634TP).




                                                                                   Page 3 of 10

Page 4

2 Site details
2.1 Site description
Table 1: Site description
 Site characteristic                                       Description

 Existing land use          Dwelling Unit

 Frontage and access        Private access driveway from Ross Crescent

 Topography and views       The site slopes from the west to the east.

 Existing vegetation        The site is surrounded by landscaping. No vegetation is proposed to be
                            removed for the changes.




                     Figure 1: Aerial view and site identification with zoning
                                 Source: Noosa Council Mapping System




                         Figure 2: Coastal Protection Overlay Mapping
                                 Source: Noosa Council Mapping System




                                                                                       Page 4 of 10

Page 5

2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

  North   Lot 7 – 35m away

  South   Lot 9 – 10m away

  East    The Beach Houses Common Property tennis court – 25m away

  West    Sunseeker Lodge – Holiday Units




             Figure 3: Site photo of western elevation looking east and south




                 Figure 4: Site photo of eastern elevation looking south




                  Figure 5: Site photo of eastern elevation looking north

                                                                                Page 5 of 10

Page 6

3 Proposed development details
Table 3: Summary of development aspects
 Building height                        No Change

 Gross Floor Area                       334m2

 Site access                            No Change

 Proposed servicing arrangements        No Change




                     Figure 6: Site Plan (Existing and Proposed - Level 1)


In accordance with the existing approval for Group Housing on the site, the following conditions
require amendment (Additions bold underlined and deleted text strikethrough).



   1. Submission to and approval by Council of building plans in accordance with the Building Act,
      Council’s By-laws and Policies, the conditions of this approval and substantially in accordance
      with plans 226 Dwg 1-13 A.06-11 drawn by Georgina Price Design and dated 19.05.2020
      and the Shire of Noosa Planning Scheme apart from where amendments are required or
      dispensations have been granted in conjunction with the approval.




                                                                                         Page 6 of 10

Page 7

4 Planning assessment

4.1 Minor Change Assessment
An assessment against the meaning of minor change and a response about the proposed application
provided thereafter underlined. The Planning Act 2016 defines a minor change as a change to the
approval that:

       i. would not result in a substantially different development*;
              (*In determining whether the proposed change would result in substantially different
              development, the assessment manager or referral agency must consider the
              individual circumstances of the development, in the context of the change proposed.)

              A change may be considered to result in a substantially different development if the
              proposed change:

                -   Involves a new use; or

       Response: The proposed development does not change the existing Group Housing Density
       Approval Density.

                -   Results in the application applying to a new parcel of land; or

       Response: No new parcels of land are applicable.

                -   Dramatically changes the built form in terms of scale, bulk and appearance; or

       Response: The changes are consistent with the bulk, scale and appearance of the existing
       Group House on the site.

                -   Changes the ability of the proposed development to operate as intended; or

       Response: The site will still be used as a Group House lot.

                -   Removes a component that is integral to the operation of the development; or

       Response: There are no components being removed from the development integral to the
       operation of the development.

                -   Significantly impacts on traffic flow and the transport network, such as
                    increasing traffic to the site; or

       Response: No change

                -   Introduces new impacts or increases the severity of known impacts; or

       Response: No new impacts are introduced.

                -   Removes an incentive or offset component that would have balanced the
                    negative impact of the development; or

       Response: The proposal does not remove an incentive or offset.

                -   Impacts on infrastructure provisions.

       Response: No change.



                                                                                       Page 7 of 10

Page 8

       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

       Response: The change does not include any prohibited development.

              B. referral to a referral agency, other than to the chief executive, if there were no
                 referral agencies for the development application; or

       Response: No referral agencies were applicable to the original application.

              C. referral to extra referral agencies, other than to the chief executive; or

       Response: No referral agencies are applicable to the current development.

              D. a referral agency to assess the application against, or have regard to, matters
                 prescribed by regulation under section 55(2), other than matters the referral
                 agency must have assessed the application against, or have had regard to, when
                 the application was made; or

       Response: The proposed change would not result in the chief executive having to consider
       matters additional to those considered when the application was made.

              E. public notification if public notification was not required for the development
                 application.

       Response: The change does not require the application to be publicly notified.

Given the above, the proposed change to the existing approval is a minor change in accordance with
Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.

Deciding the Request

In accordance with S81 of The Planning Act 2016, Noosa Council must only consider the information
provided and any other matter considered relevant, including — all matters Council would or may
assess against or have regard to, if the change application were a development application.

Noosa Council must only consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made. However, may give
weight they consider appropriate, in the circumstances, to—

       (a) the statutory instrument or other document as in effect when the change application was
       made (Superseded Planning Scheme); or
       (b) if the statutory instrument or other document is amended or replaced after the change
       application is made but before it is decided—the amended or replacement instrument or
       document; or
       (c) another statutory instrument—
                (i) that comes into effect after the change application is made but before it is decided;
                and
                (ii) that the responsible entity would have been required to consider if the instrument
                had been in effect when the development application for the development approval
                was properly made.




                                                                                              Page 8 of 10

Page 9

4.2       Key issues
4.2.1 04634TP Compliance
The existing 04634TP approval was approved under the Superseded Planning Scheme and The
Plan of Development.
The conditions require specific limits to the Gross Floor Area for Lots 7-10 of 340m2. The proposed
additions result in a gross Floor Area of 334m2, consistent with the specific Plan of Development
requirements. There are no other changes to the car parking, setback, height or site cover.


4.2.2 The Noosa Plan (Building Works Code)
The proposed development meets all the Accepted Outcomes of the Building Works Code. as
demonstrated in the table below.

 Parameter         Requirement                    Proposal                             Compliance

 Height            8m and 2 Storeys               No Change                                  Y

 Site Cover        50% ground floor               No Change                                  Y
                   30% first floor

 Landscaping       20% soft landscaping           No Change                                  Y

 Materials and     Appropriate colours that       Landscaped roof forms, board               Y
 Finishes          blend into the natural         form concrete, stone walls,
                   environment                    smooth renders and timber
                                                  battening suitable to the coastal
                                                  conditions and to match in with
                                                  surrounding buildings.



4.2.3 Coastal Protection Overlay
The Overall Outcomes of the Natural Resources Overlay seeks for development within the Coastal
Protection Area does not adversely impact upon natural coastal processes and is designed to protect
the visual amenity enjoyed by users and others.
To achieve the Outcome, the relevant Probable Solutions requires a minimum 6m building setback
and 5m of landscaping along the seaward boundary to provide a buffer to protect the dunal system
and character of the beachfront. The original Plan of Development approval dedicated 9,881m2 of
the site for coastal protection purposes. The proposed development is the furthest away from the
foreshore and is consistent with the requirements of the Overlay code. The proposed development
is compliant with the setback requirements of both The Noosa Plan and The New Noosa Plan.


4.2.4 Landslide Hazard Overlay
The site is currently mapped as being within a broad area identified as containing potential landslide
hazard area under The Noosa Plan. There are no changes to the foundations of the building and a
specific geotechnical assessment will be undertaken as part of the Building Approval.




                                                                                          Page 9 of 10

Page 10

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The following assessment benchmarks are
applicable and have been appropriately considered in preparing this development application:

 State interest               Assessment against assessment benchmark
 Coastal Environment          The relevant State Interest seeks for the coastal environment to be
                              protected and enhanced, while supporting opportunities for coastal-
                              dependent development, compatible urban form along the state’s coastal
                              land. The site is within the urban footprint and meets the relevant
                              provisions to protect the coastal environment.



6.0 Conclusion
This application seeks a minor change to condition 1 of the existing approval 04634TP. The
proposed development complies with the definition of a minor change under Schedule 2 of the
Planning Act 2016 and is not substantially different development in accordance with Schedule 1 of
the DA Rules 2017.

The assessment finds the proposal respects the existing development approval for group housing
and generally meets the relevant statutory instruments including The Noosa Plan and The New
Noosa Plan requirements, subject to the following reasons:

      •   The high-quality building and landscaping design enhances the coastal character of the area
          which is sympathetic and does not detrimentally impact the locality; and

      •   The design is sympathetic to the coastal environment protects the visual amenity enjoyed by
          users and others.

The Assessment Manager’s favourable consideration of the above development application is
therefore recommended. Please contact me if you require any further information and/or clarification
with respect to the above application.




                                                                                         Page 10 of 10

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