Council archive · source document
Cover Letter - Minor Change Application · 51989.628.01
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.
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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.
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Figure 2 - Existing Floor Plan of Unit 4 Figure 3 - Floor plans of existing building containing Units 1 - 3.
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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.
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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;
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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
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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.
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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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