Council archive · source document
L02 To NC -lodge MCA · 51983.3225.17
Council Reference: TPC1632 Our Reference: 03062 L02 GFM 23rd January, 2022 Chief Executive Officer Noosa Council PO Box 141 TEWANTIN QLD 4565 Confidential Email Transmission: [email protected] Original in Post: No Dear Sir/Madam RE: LODGEMENT OF MINOR CHANGE APPLICATION ________________________ Minor Change to Existing Development Approval TPC1632 (multiple dwelling 25 units and 8 shops dwelling unit) for a Premises located at 2/30 Hastings Street, Noosa Heads and described as Lot 2 on GTP1154 and Common Property in The Hastings CTS21433 Martoo Consulting has been commissioned by John Raftery, who is the owner of Lot 2 on GTP1154 (‘the premises”), to seek the approval of Noosa Shire Council (“Council”) to change the current version of the above existing development approval over this premises (i.e. TPC1632). The proposed changes relate to the replacement to the existing dwelling within this premises and the establishment of a new dwelling (‘this change application’). This submission details the changes in this proposal and provides an assessment of those changes against the relevant assessment benchmarks under the Planning Act 2016 (“the Act”). 1. The Site and Premises The site is The Hastings Community Titles Scheme (CMS21433) which is a community titles scheme comprising 28 standard format lots and common property in which Lots 26 to 28 contain commercial uses and the remaining 24 lots contain (detached) dwellings. It should be noted that The Hastings Community Titles Scheme originally had 29 standard format lots however Lots 9 and 10 on GTP1154 have been since amalgamated to form one lot with the registration of SP307674. This community titles scheme was originally established in under the now repealed Building Units and Group Titles Act 1980 when GTP1154 was registered in February, 1984 by the State Titles Office. The site has an address of 30 Hastings Street, Noosa Heads. The common property within the site (i.e. the scheme land in The Hastings Community Titles Scheme) is outlined in blue in Figure 1 and Figure 2 below. The subject premises is outlined in red. The subject premises can be described as Lot 2 on GTP1154 and part of Common Property which comprises Unit 2 in The Hastings Community Titles Scheme (CMS21433). The subject premises currently contains an existing detached three level dwelling. Lot 2 on GTP1154 is a standard format lot with an area of 88 m2. Being a standard format lot all boundaries are defined by right (straight) lines with metes and bounds as shown in Figure 3 below. The subject premises does benefit from two registered exclusive use areas with a total area of 6m2 as highlighted in yellow and identified as 2A and 2B in Figure 4. Both exclusive use areas are also in standard format and not limited vertically in the registered Community Management Statement. These areas were registered because the building was constructed into Common Property. Once registered these exclusive use areas cannot be removed without the consent of the owner of Lot 2 on GTP1154.
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 10 pages
Page 2
Figure 1 – The Site & Premises
The subject premises abuts two existing lots to the west (i.e. Lots 1 and 3 on GTP1154) and all other
boundaries of the site abuts common property.
The subject premises has an address of 2/30 Hastings Street, Noosa Heads.
Page 2
Page 3
Figure 2 – The Premises within the Site
Figure 3 – Extract from GTP1154 showing the Metes and Bounds of the Premises (Lot 2 on GTP1154)
Page 3
Page 4
Figure 4 – Extract from the Registered Community Management Statement for The Hastings Community Titles
Scheme (CMS21433)
The locations of the existing building into these registered exclusive use areas are also evident from
the review of Figure 2 above. However there is a need to appreciate the potential inaccuracy in
aerial imagery especially for structure elevated above the image plane for the aerial photograph and
radial from the optical centre of that photograph. The owner therefore arranged an identification
survey by a registered consulting cadastral surveyor that has confirmed that the existing building is
contained within these registered exclusive use areas and which has identified existing cadastral
corners around the premises.
2. The Existing Development Approval
The existing development over the site was originally approved by Council in October 1983
(TPC1632 – 25 Bungalow Style 2 bedroom Units & 8 Shops – Group Title). The existing
development approval was issued as a town planning consent approval under the then 1973 Noosa
Shire Council planning scheme and the then Local Government Act 1936.
A restaurant was subsequently approved on the site in December 2000 (DA 18478). A number of
changes have been approved for the site and include but not only limited to 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.
Page 4
Page 5
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.
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.
June 2020 - Change to existing approval establish a new detached dwelling within Unit 17
June 2020 - Change to existing approval establish a new detached dwelling within Unit 19.
There is currently at least one change application currently being assessed by Council which is over the
adjoining Lot 3 to the west.
3. This Change Application
The existing dwelling within the premises is one of the original dwellings approved by Council on the
site in 1983. John Mainwaring, a highly regarded architect who worked with the late Gabriel Poole
on the design and construction of the original development, advises that the original dwellings were
deliberately designed and constructed as a form of interim development on this particular site.
There appears strong interest from owners to rejuvenate the original built form and fabric which
adopted bungalow style. The original built form adopted a lightweight and elevated bungalow style.
The original external fabric featured external timber plywood cladding, pine lattice and steeply
pitched corrugated metal roof sheeting sharply curved over the ridge of the gable roof. Refer to
Figure 5 below which is not the subject premises but another original building within the site that is
shown for illustrative purposes only.
Figure 5 – One of the Original Dwellings Approved in TPC1632
Page 5
Page 6
A structure involving external timber plywood sheets with routered shadow lines and timber lattice
and set on highset exposed metal posts with diagonal metal bracing has a limited lifespan and/or a
higher level of maintenance. Some owners of other dwellings within the site have sort to improve
the original dwelling by providing more secure car parking and storage on the ground level as well
as providing an where sand, salt and the like can be removed with some privacy before climbing the
stairs into the living areas of the dwelling. Some owners have sort to compensate for the limited
existing private and communal open space on the ground level by creating their own private open
space on the roof top of their dwelling. And some owners have decided to install a small lift to
improve access for the elderly or those people with special needs as well as other users of the
particular dwelling.
The applicant for this change application is intending to demolish the existing dwelling on the
premises and is seeking Council’s approval to develop a new detached dwelling as shown on the
proposal plans in Attachment A. The proposed plans in Attachment A provide the floor plans,
elevation and 3D grayscale renderings showing the proposed changes.
This change application proposes to essentially retain the extremities of the total footprint of the
existing structure and to undertake works which include the following:-
(a) Ground floor – the existing unenclosed carpark, clothes line and stairs and enclosed laundry
is proposed to be rearranged to provide additional enclosed storage and a lift and bath room
and clothes drying facilities on ground level.
(b) First floor – this floor comprise two bedrooms and toilet facilities as exist on the second floor
however the layout have been changed and ensuites and improved clothes are proposed to
each bedroom as well as the lift continuing from the ground floor below.
(c) Second level - this level is to contain an open living, dining and kitchen similar to that which
currently exists on level one. A lift well has also been added as a continuation of the lift well
below.
(d) Roof level - this proposed additional level contains a family room, and a roof terrace
covered by a vergola as well as a bathroom and lift access from below.
(e) The proposal is to use similar external cladding materials as feature on the existing
development in that external cladding will comprise Scyon Linear 150 weatherboard and
Sycon Axon 133 wall cladding, and aluminium framed glazing with obscure glass where
privacy is beneficial.
(f) The cantilevered deck on the second level as well as cantilevered section of flooring offer
additional articulation as well as provide protection for windows below.
(g) The maximum height of a building extend to a height of about 12.45m above ground level at
an elevation of the top of the roof parapet that screens the roof sheeting.
(h) The top of the roof parapet is less than 15m. above ground level.
Page 6
Page 7
Figure 6 – The Elevation and 3D Illustrations of the Proposed New Dwelling on the Premises
Page 7
Page 8
The applicant has provided the above elevations and 3D illustrations which are included in
Attachment A.
The design of the proposed new dwelling endeavours to use a pallet of built form and fabric that
respect the form and fabric of the existing buildings within the site as well as new buildings within
the site that have been recently approved by Council.
4. Assessment Against Relevant Benchmarks
The applicant seeks to make a minor change to the existing development approval under Section 78
of the Act. An application for a minor change to a development approval can only be made in
circumstances where a change would constitute a ‘minor change’.
An assessment of the proposed changes against the provisions of the Act relating to what defines a
minor change is detailed below. The Act states that a minor change:
b) For a development approval, is a change to the approval that —
(i) would not result in a 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.
The proposed changes are considered to constitute a minor change under the Act for reasons which
include the following:
The proposed changes to the use will not result in substantially different development as
detailed in 4.1 below.
If the application including the proposed changes were remade it would not:
o include prohibited development;
o require referral to any referral agencies or additional referral agencies as no referral
agencies are triggered by the use or site location
o require referral to extra referral agencies as no referral agencies are triggered by the
use or the site location
o no referral agencies triggered
o public notification was carried out as part of original development application.
4.1. Assessment of Substantially Different Development
The State wide Development Assessment Rules provide guidance on determining whether a
proposed change to a development approval results in substantially different development on the
site. The proposed changes have been reviewed against this criteria and the proposed changes are
not considered to be a substantially different development for ground which include those identified
below:
(a) involves a new use;
No new uses are proposed as part of this change application as the changes relates to
changes to the design of the existing detached dwelling on the site. The existing use as a
dwelling will continue.
(b) results in the application applying to a new parcel of land;
Page 8
Page 9
No new parcel of land is to be utilized.
(c) dramatically changes the built form in terms of scale, bulk and appearance;
Considered in context with the entire development over the site, the proposed changes to the
site are relatively minor with the design utilizing the existing narrow form of both the original
development on the site as well as amendments to the original design as subsequently
approved by Council. The proposal maintains the overall scale, bulk and appearance of
development the currently exists and that which has been approved by Council.
(d) changes the ability of the proposed development to operate as intended;
The proposed changes do not affect the operation of the dwelling on the site or the premises.
(e) removes a component that is integral to the operation of the development;
The proposed changes do not remove a component that is integral to the operation of the
development on the site.
(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 Act and the State wide Development Assessment Rules for a minor change and as such
are considered not result in a substantially different development.
The proposed changes are therefore considered to be a minor change under the Planning Act.
4.2. Assessment of This Change Application
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 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 which is the current version of the Noosa Plan
2020.
The site is currently included in the Visitor Accommodation Zone in 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:
(a) This change application proposes a detached dwelling to be located totally within the metes and
bounds of the premises (i.e. Lot 2 on GTP1154 and its Exclusive Areas 2A and 2B). The
proposed boundary setbacks above ground level are similar to those boundary setbacks for the
existing dwelling and acknowledge that the premises is on a standard format lot in a community
titles scheme and the location of the existing driveway into the premises in Common Property.
(b) The proposal is to establish a dwelling on the site that complies with the definition of a dwelling
in the Noosa Plan 2020.
(c) The site and premises are in the Tourist Accommodation Zone and the Hastings Street Mixed
Use Precinct under the Noosa Plan 2020 and the proposed continuation of the existing dwelling
use is consistent with the land use preferences in the Noosa Plan 2020 for the site.
Page 9
Page 10
(d) The premises is not visible from the surrounding road network being either Hastings Street or
Noosa Drive nor from the beachfront or riverfront. The premises is not located within 10 metres
of the Hastings St or Noosa Drive.
(e) The maximum building height of the proposed new dwelling does not exceed 15m above
ground level.
(f) The only common property within the scheme land that the premises fronts is that containing
the driveway and as such the premises does not front the public walkway in the registered
easement in favour of Council through the site.
(g) The proposed external building fabric maintains a mixture of lightweight and textured external
building materials that are in context with the existing original dwellings within the site and the
Noosa Plan 2020 as well as amendments to the original development approval that have been
approved by Council.
(h) The existing car parking space has been retained on ground level. The proposed changes do
not impact on access to/from and/or maneouvring associated with other parking spaces
including those used by guests, visitors, staff, or parking spaces for people with disabilities or
access by service vehicles and the like, as required by the current Noosa Plan 2020. In fact the
proposed lift improves access into and from the building for people with disabilities.
Summary and Closure
The applicant proposes a minor change to the existing development approval TPC1632 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 current version of the Noosa Plan
2020.
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 two (2) documents are attached as part of this change application:
1. The proposal plans by Suncoast Studio comprising Drawings 1051.01-01-D, 1051.01-02-D,
1051.01-03-D, 1051.01-04-D, and 1051.01-05-D. (Attachment A)
2. A completed Planning Act Form 5 (Attachment B)
It is considered that the landowner’s consent to the making of this change application would only be
required from the owner of the premises (i.e. Lot 2 on GTP1154). Such a consent is not required for this
change application because the applicant is the landowner. It is considered that the landowner’s consent
is not required from the Body Corporate of The Hastings Community Titles Scheme (CMS21433) given
that the changes are located within a registered exclusive use area. Further it is considered that the
landowner’s consent is not required from any owners of any other lots in the site under S79 (1A) of the
Act. Such a position has been established due to these lots being considered to be “excluded premises”
and that the change application does not materially affect these excluded premises as provided for under
the Act.
It is requested that Council issue Martoo Consulting a payment link/invoice 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 faithfully,
Greg Martoo
Principal
Page 10
Page 11
martoo consulting pty ltd
Encl (2)
Page 11
[OCR of page images]
martoo consulting pty Itd
Encl (2)
Page 11
Used in these records
L02 To NC -lodge MCA.pdfRelated documentApplication case desk ↗
About this file
- File size
- 1.1 MB (small file)
- File type
No other editions are linked here.