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Cover Letter - Minor Change Application · 51989.628.01

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Date: 20 December 21


The Chief Executive Officer
Noosa Shire Council,
PO BOX 141
Tewantin QLD 4565

Via Email ([email protected])

Dear Sir/Madam

RE:     Request for a Minor Change to Development Approval (TPC 2186) relating to a Development
        Approval for a Multiple Dwelling (3 Units) at 2 Church St, Pomona described as Lots 0 - 4 on
        BUP 11021

In accordance with section 78 of the Planning Act 2016, please find enclosed a request for a Minor Change
to the Development Approval (TPC 2186) at the abovementioned property.

This request is made on behalf the Body Corporate for Emma Kingston Court Community Titles, the owner
of Lot 0 BUP 11021 and Terie Wakeham, the owner of Lot 4 BUP11021, being the premises of which the
proposed change relates to.

In support of the application, please find enclosed:
    + Planning Act Form 5;
    + Owners Consent Form (Attachment 1 );
    + Architectural Plans (Attachment 2);

Payment of the minor change application fee will be made upon Council issuing the relevant Tax Invoice.

Background

The subject site is located at Emma Kingston Court, 2 Church Street, Pomona described as Lots 0-4 on
BUP 11021.

The site contains a dwelling fronting Church Street which has been titled Lot 4 BUP 11021 and a 2 storey
building fronting Church Lane which contains 3 units titled Lots 1-3 BUP 11021.

The 2 storey building containing 3 units was approved by Council at its ordinary meeting held on 17 August
1989. The original dwelling fronting Church Street was strata a titled to form part of the development known
as the Emma Kingston Court which comprises of 4 dwelling units.

The original dwelling fronting Church Street is a single storey brick construction. It contains 3 bedrooms, a
bathroom, ensuite, sitting room, kitchen and lounge/dining room, storage room and a large garage.

The 2 storey building fronting Church Lane is of a block construction. The ground level comprises a single
unit and a garage containing 3 parking spaces. The second level comprises 2 bedrooms, a bathroom and
open planned kitchen, living dining area.
Full text of the other 7 pages

Page 2

The following development details apply to the existing units, which were calculated in accordance with the
definitions of the Noosa Plan 2020:

 Existing Development Details - Lots 0,1,2,3,4 BUP11021
 Site Area             1,876m2
 GFA / Plot Ratio      Unit 4 - 159m2
                       Units 1, 2, 3 - 231.2m2
                       Total - 390m2 (0.20: 1)
 Site Cover            Unit 4 - 211m2
                       Units 1, 2, 3 - 160m2
                       Total - 371m2 (20%)




Figure 1 - Aerial Photograph of the subject site.

Page 3

Figure 2 - Existing Floor Plan of Unit 4




Figure 3 - Floor plans of existing building containing Units 1 - 3.

Page 4

The Proposal
The proposed minor change application seeks to make additions and alterations to the dwelling unit, which
would incorporate:
    + creating two 2 bedroom units within the existing building footprint;
    + providing a new entry and decking on the western side of proposed Unit A;
    + providing a new entry and decking on the southern side of proposed Unit B;
    + altering the internal layout of the dwelling unit including reducing the garage to provide a living and
        kitchen area to the proposed Unit B;
    + constructing a carport to service the proposed Unit A to the northern boundary with a driveway to
        access Church Street.
The extent of the additions and alteration are illustrated in Figures 4 below:




Figure 4 - Proposed Additions and Alterations



The alterations would result in an additional 16.7m2 of GFA and 0.9% Site Cover in accordance with the
definitions under the Noosa Plan 2020. Consequently, the proposed development would offer the following
GFA and Site Cover totals:

 Existing Development Details - Lots 0,1,2,3,4 BUP11021
 Site Area             1,876m2
 GFA / Plot Ratio      Units A & B - 175.7m2
                       Units 1, 2, 3 - 231.2m2
                       Total - 406.9m2 (0.20: 1)
 Site Cover            Units A & B - 227.7m2
                       Units 1, 2, 3 - 160m2
                       Total - 387.7m2 (20.6%)

Please refer to Attachment 2 - Proposal Plans for further details.

Page 5

Change to Plans / Conditions of Approval

As a result of approving the proposed change, it is requested that the plans listed in the table below are
reflected in any change to approval decision notice.

Plans

Approved Plans
 Plan No.             Rev.     Plan/Document Name                                         Date
 Sheet 1              -        Site Plan, prepared by Accolade Building Design            22/11/2021

 Sheet 2              -        Exisitng Plan, prepared by Accolade Building Design        22/11/2021

 Sheet 3              -        Proposed Plan, prepared by Accolade Building               22/11/2021
                               Design
 Sheet 4              -        Elevations, prepared by Accolade Building Design           22/11/2021


Type of approval

It is also requested that the type of approval be updated to reflect that the development is a Multiple
Dwelling (5 units).

Conditions

The following conditions would also need to be updated to reflect the changes:

2.       Provision of at least 7 off-street carparking spaces, comprising at least 5 covered spaces residents
         and 2 spaces for visitors…

2A.      A sealed access driveway must be provided from Church Street to Unit A. The works must include
         in particular driveway crossovers in accordance with IPWEAQ standard drawings RS-049 and RS-
         050.


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
         minor additions and alterations to facilitate an additional unit predominantly within the footprint of an
         existing multiple dwelling and would not:
             o involve a new use;
             o result in the application applying to a new parcel of land;
             o dramatically change the built form in terms of scale bulk and appearance as the built form
                  changes are limited to relate to a single carport, new entry decks and new driveway
                  access;
             o change the ability for the for the proposed development to operate as intended;
             o remove an integral part of the development;

Page 6

              o  significantly impact on traffic flow or the transport network as the additional crossover will
                 provide safe site distances and appropriate separation from boundaries, infrastructure and
                 nearby crossovers.
            o introduce new impacts or increase the severity of known impacts in that it will remain a
                 multiple dwelling with very little built form changes made to the existing form;
            o remove an incentive or offset component of the development;
            o impact on infrastructure provisions.
    +   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
    +   Public notification and notification would not be required for the change.

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.

(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 original application was submitted in 1989.

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
In this circumstance, it is considered that substantial weight should be afforded to the Noosa Plan 2020
when assessing the proposed changes, as this document sets out the current planning intent for the Shire
over the next 20 years.

The proposed development would be defined as a Multiple Dwelling under the Noosa Plan 2020. The
subject site is located within the Medium Density Residential Zone. A Multiple Dwelling is assessable against
the following benchmarks contained within the Noosa Plan 2020:
     + Hinterland Villages Local Plan Code;
     + Medium Density Residential Zone Code;
     + Dual Occupancy and Multiple Dwelling Code; and
     + Works Codes.

An assessment of the proposed changes against the key development parameters within the above-
mentioned codes is provided below.

Table 1 - Assessment of Development Parameters (applying to entire site area)

                    The Noosa Plan 2020                Proposal                              Compliance
                    (Acceptable Outcome)
 Site Cover         Does not exceed 40%                387.7m2 (20.6%)                       P
 GFA/Plot           Does not exceed 0.4:1; or          406.9m2 (0.20: 1)                     P
 Ratio              exceed 0.5:1 for small dwelling

Page 7

 Carparking          (b) within all other zones—       7 covered spaces with 2 spaces       P
                         (i) one covered space         capable of supporting visitors.
                               up to two bedrooms      Visitors could also park in tandem
                               and two covered         of front of Units A and B and not
                               spaces for three or     affect access to other units.
                               more bedrooms; and
                         (ii) one visitor space per
                               four dwellings

 Driveways           One footpath crossing is          2 footpath crossings to Church       O
                     provided                          Street

The proposed development is compliant with the key acceptable outcomes contained within the relevant
codes with the exception of an additional footpath crossing. An assessment against the corresponding
performance outcomes and overall outcomes relevant to each issue are discussed below:

Driveways and Carparking Code

PO1       Vehicular access does not adversely impact on safety, capacity and operations of the existing or
          planned road network, cycleways or pedestrian pathway systems.

The proposal would provide an additional crossover to Church Street in the northeast corner of the site as
detailed in Figure 5 below.

While not achieving AO1.2 of the code because it involves establishing a second footpath crossing, it
achieves PO1 of the code as it would not adversely impact on safety, capacity and operations of the existing
or planned road network, cycleways or pedestrian pathway systems in that:

      +   The driveway maintains a 5m setback from the northern side boundary exceeding the minimum
          requirement of 1m provided by Standard Drawing RS-049;
      +   The driveway is separated from the existing driveway by a distance of 17m, exceeding the
          minimum requirement of 7m as specified by Standard Drawing RS-049; and
      +   The driveway will be located and designed in accordance with AS2890.1.

Page 8

Figure 5 - Site Plan Illustrating Units A & B

Conclusion

The above report demonstrates that the proposed alterations and additions constitute 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
acceptable and/or performance of the relevant codes and will maintain a high level of residential amenity
and contribute to affordable housing options in 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.

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