Council archive · source document
Change Application - U9,512 DLW, Castaways - Planning Report · 132001.210140.1
Town Planning Report Application to Request a Minor Change to the Conditions Specified within the Decision Notice Unit 9 / 512 David Low Way, Castaways Beach 4567 QLD Lot 9 on SP111721 Jennifer and Richard Fiddis
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 14 pages
Page 2
Table of Contents
Important Note 1
1. Summary 2
2. Background 3
2.1 Engagement with Council Officers 5
2.2 Surrounding Development 5
3. Development Intent – Proposed Change 6
3.1 Change to Front External Deck Areas 6
3.2 Change to Landscaping 7
3.3 Change to Pedestrian Walkway 7
4. Proposed Change to Conditions 8
4.1 Material Change of Use – Land Development - Condition 5 8
4.2 Proposed Change to Condition 5 8
4.3 Material Change of Use – Land Development - Condition 11 8
4.4 Proposed Change to Condition 11 9
4.5 Landscaping – Condition 1 9
4.6 Proposed Change to Condition 1 9
5. Planning Assessment 10
5.1 Minor Change 10
6. Conclusions 12
List of Figures
Figure 1: Building Envelope and Natural Vegetation Areas 3
Figure 2: Aerial Photograph of Site – January 2010 4
Figure 3: Aerial Photograph of Site – May 2017 4
Figure 4: Aerial Photograph of Site – October 2020 5
List of Tables
Table 1: Substantially Different Development Guideline ................................................................................ 10
RG Strategic Town Planning Report – Minor Change Application a
Page 3
Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted under
the Copyright Act, no part of this report, its attachments or appendices may be reproduced by any
process without the written consent of RG Strategic. All enquiries should be directed to RG Strategic.
We have prepared this report for the sole purposes of Jennifer and Richard Fiddis (“Client”) for the specific
purpose of demonstrating the proposed use as being permitted under the Noosa Plan 2020 (“Purpose”).
This report is strictly limited to the purpose and the facts and matters stated in it and does not apply
directly or indirectly and will not be used for any other application, purpose, use or matter.
In preparing this report we have made certain assumptions. We have assumed that all information and
documents provided to us by the Client or as a result of a specific request or enquiry were complete,
accurate and up to date. Where we have obtained information from a government register or database,
we have assumed that the information is accurate. Where an assumption has been made, we have not
made any independent investigations with respect to the matters the subject of that assumption. We are
not aware of any reason why any of the assumptions are incorrect.
This report is presented without the assumption of a duty of care to any other person (other than the Client)
(“Third Party”). The report may not contain sufficient information for the purposes of a Third Party or for
other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim arising
out of or incidental to a Third Party; and
• publishing, using, or relying on the facts, content, opinions, or subject matter contained in
this report.
If a Third Party uses or relies on the facts, content, opinions, or subject matter contained in this report with
or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party assumes all risk
and releases and indemnifies and agrees to keep indemnified RG Strategic from any loss, damage, claim,
or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of profits,
damage to property, injury to any person (including death) costs and expenses incurred in taking measures
to prevent, mitigate or rectify any harm, loss of opportunity, legal costs, compensation, interest and any
other direct, indirect, consequential, or financial or other loss.
RG Strategic Town Planning Report – Other Change Application 1
Page 4
1. Summary
RG Strategic has prepared this development application on behalf of Jennifer and Richard Fiddis. The
purpose of this report is to seek approval for a Minor Change Application and a revision of the Conditions
specified within Decision Notice 21682 DA. The subject site is located at Unit 9, 512 David Low Way,
Castaways Beach 4567 and is formally described as Lot 9 on SP111721.
The site has been recently purchased by Jennifer and Richard Fiddis who seek to make a few minor
changes to the existing landscaped area at the front of the property. The proposed Minor Change to the
existing detached dwelling consists of:
• New landscaping treatment to the street frontage,
• Replacement of the existing deck (wood rot damage),
• Extension to the existing deck, and
• New pedestrian pathway.
A Proposed Site and Landscape Plans have been prepared by Casa Concepts and North Coast
Environmental Services detailing the minor change to the existing detached dwelling (enclosed as
Appendix A and B) respectfully. A copy of the existing approved plans and decision notice are enclosed
within Appendix C.
This report should be read in conjunction with the accompanying covering letter, DA Form and Appendices.
The development is appropriate and is not anticipated to impact upon the amenity of the adjoining
properties. Council’s approval of the application is therefore sought, subject to relevant and reasonable
conditions.
RG Strategic Town Planning Report – Other Change Application 2
Page 5
2. Background Unit 9 / 512 David Low Way, Castaways Beach was approved by Noosa Council on 12th July 2001. The Decision Notice (21682 DA) contained development permits for a Material Change of Use and Operational Works. Contained within the Decision Notice are conditions which limit the approved building envelope area and identified an area for ‘Natural Vegetation’ which was to remain untouched. The building envelope is identified in the approved plans of development prepared by Casa Concepts, and within the Lot and Building Envelope Areas Plan prepared by Covey and Associates (Appendix C). The area identified as Natural Vegetation which is to remain untouched is also identified within the Lot and Building Envelope Areas Plan prepared by Covey and Associates (Appendix C). Essentially, all land outside of the identified building envelope (pale green) is nominated as Natural Vegetation (dark green) on the subject site as illustrated in Figure 1 below. The proposed new landscaping works extend further than the approved building envelope, so too does the proposed landscaping extend into the ‘natural vegetation’ area. Figure 1: Building Envelope and Natural Vegetation Areas Source: Lot and Building Envelope Areas Plan prepared by Covey and Associates (Appendix C). RG Strategic Town Planning Report – Other Change Application 3
Page 6
As depicted in Figures 2, 3 and 4, the front landscaped area has been turfed and a small amount of area
planted since 2010 (if not earlier – limited by historical aerial photographs) and remains in place today
(Figure 4). This landscaping is in conflict to Condition 5 within the Decision Notice which states:
5. The proposed dwelling, building work or any construction shall not encroach into any areas
depicted as ‘Natural vegetation in lots to remain untouched’ in the Plan of Development for this
estate. Care shall be taken when excavating that earthworks batters do not extend into these
areas nor extend over the boundary alignment at any other location.
Therefore, since 2010 (or prior to) the development has not complied with Condition 5 in which the front
area of the site is to remain as untouched natural vegetation.
Figure 2: Aerial Photograph of Site – January 2010
Source: Near Maps
Figure 3: Aerial Photograph of Site – May 2017
Source: Near Maps
RG Strategic Town Planning Report – Other Change Application 4
Page 7
Figure 4: Aerial Photograph of Site – October 2020 Source: Near Maps 2.1 Engagement with Council Officers RG Strategic has previously engaged with Noosa Council in regard to the proposed landscaped works. A discussion with Glen Conforti has confirmed that an application for a Minor Change to the existing approval is required for the proposed landscape works. 2.2 Surrounding Development It must be noted by Council that a number of properties within the Marcus Dune estate have undertaken works in their front yards. This works consist of landscaped gardens, pedestrian pathways and driveway modifications as illustrated Units 3, 7, 8, 17, 25 and 27 (to name a few) within the estate. The proposed landscaping works are consistent with the works undertaken at surrounding properties. RG Strategic Town Planning Report – Other Change Application 5
Page 8
3. Development Intent – Proposed Change
The applicant is proposing a Minor Change to the existing detached dwelling at Unit 9, 512 David Low
Way, Castaways Beach. The minor change will consist of:
• New landscaping treatment to the street frontage,
• Replacement of the existing deck (wood rot damage),
• Extension to the existing deck, and
• New pedestrian pathway.
The intended changes are reflected in the Proposed Site Plan prepared by Casa Concepts and the
Proposed Landscape Plan prepared by North Coast Environmental Services and are enclosed within
Appendix A and Appendix B respectfully.
The existing northern deck is made from timber which has been severely damaged by wood rot. The new
owners of the property wish to replace the existing deck. This deck is within the building envelope as
depicted in the Proposed Site Plan (Appendix A). As part of this replacement the owners seek a minor
extension of this area to increase accessibility and usability of the deck.
The applicants also seek to install a new pedestrian walkway to the house which brings guest to the front
of the house, as opposed to the existing pathway which directs pedestrians to the side of the house. This
will require a new pedestrian walkway from the existing driveway to the proposed extended deck via the
front yard.
To enhance the visual amenity and street appeal of the site, the applicants wish to landscape the front
yard and walkway. The landscaping treatment will consist of additional plantings to the existing turfed
area. No changes to the existing retaining wall along the frontage of Marcus Dune Court are proposed.
3.1 Change to Front External Deck Areas
As demonstrated within the Proposed Site Plan enclosed within Appendix A, the applicant is seeking to
not only replace the existing external front deck, bust also wishes to extend this area. The new external
deck area outside of the approved building envelope is approximately 22.5m2. This equates to 2.8% of the
total site area.
The external deck areas are to be constructed from treated timber which is a materiality consistent to the
existing deck. The decking will be spaced to permit rainwater to be captured by the ground below. The
proposed deck extension will be slightly raised from the existing deck area by approximately 180mm so as
to minimise any disturbance to the existing ground. No major earth works are required in order to construct
the deck extension. The deck is supported by 300mm x 300mm footings which are considered minor and
inconsequential.
The proposed landscaping treatments have been specifically designed to blend and soften the deck
extension into the front yard, thereby increasing the amenity enjoyed by the owners and well as the
surrounding properties. Notwithstanding the proposed landscaping treatments, the existing hedge
planted in the last few years between the boundary retaining wall and Marcus Dune Court screens the
RG Strategic Town Planning Report – Other Change Application 6
Page 9
front garden and deck from view from of the street.
3.2 Change to Landscaping
As demonstrated within the proposed landscape plan prepared by North Coast Environmental Services
(Appendix B) the frontage of the site is to be enhanced by a new landscape design. Deep plantings to
the front of the site will consist of a range of shrub and ground cover species including:
• Ficus – Green Island,
• Meterosiderous – Little Dugald,
• Westringia – Grey Box,
• Alcantarea – Bromeliad Rubra,
• Banksia – Roller Coaster,
• Casuarina – Cousin It,
• Dietes grandiflora – Fortnight Lily, and
• Gazania Pink – Pink Gazania.
It is acknowledged that this part of the site is within the Natural Vegetation area identified within the Lot
and Building Envelope Areas Plan (Appendix C) and is to remain untouched. However, as evidenced in
Figure 2, the area has been turfed since 2010. The proposed landscaping is a far improved outcome from
the existing, with mass planting of a range of species including natives. It is proposed that some 211 plants
are to be potted in the front yard.
Indigenous plants that are in keeping with the local environment have been selected. The same plants
have been selected to those utilised in the front gardens of the Noosa Dunes estate. Further, the selected
species have been deliberately selected to reduce water consumption and are far more efficient in
comparison to turf. The deep plantings will assist in the stormwater treatment and retention on site.
It is proposed that several Ficus – Green Island plants are placed along the entire length of the retaining
wall between the existing driveway and garden area. This is to provide a hedge of approximately 1 metre
in height and ensure that there is a natural barrier to reduce the potential falling hazard that exists
currently. This method required no construction work and results in a safer outcome.
The proposed landscaping enhances the visual amenity and streetscape appeal of the property, whilst
improving the ecological values of the site. The landscaping treatments proposed have been designed to
screen and blend the proposed deck extension and pedestrian walkway.
3.3 Change to Pedestrian Walkway
A new pedestrian walkway is proposed to the front of the property. The walkway will guide visitors from
the existing driveway to the front entry of the house. The walkway will be constructed from timber at
approximately 900mm wide. Concrete blocks and minor earthworks have been undertaken to create the
new pedestrian entry. Steps will be integrated throughout the path to suit the natural site contour. No
additional earth works are required to construct the pedestrian pathway and no changes to the existing
retaining wall along the frontage of Marcus Dune Count are proposed.
RG Strategic Town Planning Report – Other Change Application 7
Page 10
4. Proposed Change to Conditions
The following Minor Change to the Conditions contained within the Existing Approval (21682 DA) is
proposed to permit the minor changes to the existing landscaped area at the front of the property. The
Conditions which are affected by the proposed external deck, pedestrian pathway and landscaping
treatment are Conditions MCU 5, MCU 11, and LAN 1.
4.1 Material Change of Use – Land Development - Condition 5
Condition 5 reads as:
5. The proposed dwelling, building work or any construction shall not encroach into any areas
depicted as ‘Natural vegetation in lots to remain untouched’ in the Plan of Development
for this estate. Care shall be taken when excavating that earthworks batters do not
extend into these areas nor extend over the boundary alignment at any other location.
4.2 Proposed Change to Condition 5
Change Condition 5 to read:
5. The proposed dwelling, building work or any construction shall not encroach into any areas
depicted as ‘Natural vegetation in lots to remain untouched’ in the Plan of Development
for this estate notwithstanding approved landscaping works. Care shall be taken when
excavating that earthworks batters do not extend into these areas nor extend over the
boundary alignment at any other location.
4.3 Material Change of Use – Land Development - Condition 11
Condition 11 reads as:
11. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are titled and numbered Site Plan
(WD-1-01 rev D), Area Calculations (A-DA-1-01 rev A), Ground Floor Plan (WD-1-02 rev B),
First Floor Plan (WS-1-03 rev B), Second Floor Plan (WD-1-04 rev B), Elevations (WD-2-01
rev B), Section AA (WD-2-03 rev B), Section BB (WD-2-04 rev B), Section CC (WD-2-05 rev
B) prepared by Casa Concepts and dated 25 Mar 2001 and as may be amended by these
conditions.
RG Strategic Town Planning Report – Other Change Application 8
Page 11
4.4 Proposed Change to Condition 11
Change Condition 11 to read:
11. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are titled and/or numbered as
per the following, and as may be amended by these conditions:
Plan Number/Title Dated Prepared by
Overall Site Plan A-CD01 Feb 2021 Casa Concepts
Partial Site Plan A-CD02 Feb 2021 Casa Concepts
4.5 Landscaping – Condition 1
Condition 1 reads as:
1. The site is to be landscaped in accordance with Council’s Policy on Landscaping
Guidelines and the approved Plan of Development. The approved plans are titled and
numbered Landscape Plan Existing Vegetation (617/1) and Landscape Plan Planting
(617/2), prepared by Glen Gloster and may be amended by these conditions.
1.1 The stairs and deck provided along the southern elevation of the building are
not to encroach beyond the building envelope.
1.2 Landscaping is to be completed prior to the premises being occupied and
maintained at all times thereafter.
4.6 Proposed Change to Condition 1
Change Condition 1 to read:
1. The site is to be landscaped in accordance with Council’s Policy on Landscaping
Guidelines and the approved Landscape Plans LP01 and LP02 prepared by North Coast
Environmental Services, dated 2/1/2021.
RG Strategic Town Planning Report – Other Change Application 9
Page 12
5. Planning Assessment
The proposed Minor Change can be supported on a number of grounds as detailed below:
• The proposal can be defined as a Minor Change to Approval in accordance with Schedule 1 of
the Planning Act 2016, and
• The proposal is consistent within the intent of the Decision Notice (21682 DA).
5.1 Minor Change
In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means 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.
In respect of whether the change results in a ‘substantially different’ development, assessment against
Schedule 1: Substantially Different Development Guideline contained within the Development Assessment
Rules, is provided in Table 1 below:
Table 1: Substantially Different Development Guideline
‘Substantially different’
Comment
development
Involves a new use The residential use will remain unchanged.
Results in the application applying No new land is applied over as part of this change
to a new parcel of land
application.
Dramatically changes the built form As demonstrated within the proposed site and landscape
in terms of scale, bulk, and
plans included within Appendix A and Appendix B, the
appearance
proposed landscaping works are minor and do not
RG Strategic Town Planning Report – Other Change Application 10
Page 13
dramatically change the built form of the house.
The proposed landscaping treatments result in an enhanced
outcome over the existing turfed area and increase the
ecological values of the site.
The existing hedge screens a majority of the proposed
landscaping works from view of the street front.
Changes the ability of the proposal to The landscaping works do not alter the use as intended.
operate as intended
Removes a component that is integral The proposed minor change will not alter the operation of the
to the operation of the development
development.
Significantly impacts on traffic flow and No impacts will be as a result of the proposed Minor Change
the transport network, such as
application.
increasing traffic to the site
Introduces new impacts or increases The redesign presents an improved outcome for the dwelling
the severity of known impacts
with improved visitor access, and an enhanced landscaped
front yard.
The plants selected are those which are appropriate for the
site and will consume less water than the existing turf. The
landscaping proposed enhances the ecological value of the
site and is in keeping with the surrounding vegetation and
plantings used in the estate.
Removes an incentive or offset The change represents an inconsequential change to the use
component that would have balanced
of the dwelling. The landscape works present enhance the
a negative impact of the development
visual amenity of the front yard for the residents and
surrounding properties. No incentive or offset component will
be impacted as a result of the proposed Minor Change.
Impacts on infrastructure provisions The proposed Minor Change will not impact upon any
infrastructure network.
RG Strategic Town Planning Report – Other Change Application 11
Page 14
6. Conclusions
As demonstrated in the above Table 1, the proposed amendments to Conditions comply with the definition
of a Minor Change and are consistent with the intent of the original approval. This report demonstrates
that the proposed development is permitted pursuant to the provisions of the Planning Act 2016 and the
Noosa Plan 2020.
The proposed landscaping works results in an improved outcome which:
• Enhances the streetscape appeal and amenity of the residents and surrounding properties;
• Enhances the ecological values of the site and reduces the water consumed to maintain the
frontage;
• Provides convenient access for visitors to access the dwelling;
• Enhances the liveability and function of the deck areas at the front of the house.
Approval of the proposed Minor Change is recommended.
We look forward to Council processing the application at its earliest convenience. Should you require any
additional information or have any queries please to not hesitate to contact us.
RG Strategic Town Planning Report – Other Change Application 12
Page 15
a G STRATEGIC STRATEGIC SOLUTIONS, CREATIVE THINKING rgstrategic.com.au
Used in these records
Change Application - U9,512 DLW, Castaways - Planning Report.pdfRelated documentApplication case desk ↗
About this file
- File size
- 1.1 MB (small file)
- File type
No other editions are linked here.