Planning Statement

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2.0 BACKGROUND

The existing duplex dwelling was approved in 1995 by Noosa Council under TPC 2816 with several
setback relaxations supported due to the steep nature of the site. One objection was raised to the
proposal citing concerns about construction. The building was constructed in the late 1990’s with a
change to Unit 2 permitting a new pool and deck approved in August 2009.




3.0 THE DEVELOPMENT APPLICATION
The existing duplex development on site was developed around the mid to late 1990’s and is currently
in need of an internal and external renovation to update the existing building fabric, improve and
enlarge small rooms and improve the interface with external outdoor areas. The applicant advises
that the existing external cladding and decks are in need of repair and replacement.

The applicant and owners of Unit 1 therefore seek approval to renovate and extend their unit in the
following manner:

       Ground floor: New 23m2 personal gym/rumpus at ground level with access through garden.
       Lower ground floor: Relocate and enlarge laundry, renovate and enlarge bathroom, bedroom and
        living area. Extension under existing ‘sunken’ deck and new study.
       Ground floor: New study and ensuite located over existing ‘sunken’ deck, minor increase to kitchen.
       First floor: Modification of existing balcony to Master bedroom.
       New awning over existing eastern side deck for weather protection.
       New external cladding - replacement of existing deteriorating timber cladding/shadowclad.
       New timber soffit to all eaves.
       Update front façade with new aluminum screen and composite cladding and panelling.

Proposal plans are included in Attachment A with figures 1 and 2 below illustrating the existing ‘sunken’
deck to be enclosed.

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Figure 1 and 2 – Existing




4.0 ASSESSMENT
Section 78 of the Planning Act 2016 identifies that a changes application can either be either ‘minor
changes’ or ‘other changes’. The proposed changes to the existing development approvals is considered to
constitute a minor change as detailed below.

       minor change means a change that—

       (b) for a development approval—

            (i)      would not result in a substantially different development –

            The change proposed in this application is not substantially different in accordance with the
            guidelines as it does not:
                         involve a new use
                         apply to a new parcel of land
                         dramatically change the built form
                         alter the ability of the premises to function as a duplex
                         remove any components of the duplex
                         impact on traffic flow as carparking is not altered
                         introduce new impacts as the works are located away from site boundaries and
                              within the footprint of the existing building.

            (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; - The proposed 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; - No referral agencies.

                  (C) referral to extra referral agencies, other than to the chief executive; - No referral agencies.

                  (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; - No referral
                  agencies would be triggered by the proposal

                  (E) public notification if public notification was not required for the development application.-
                  Public notification is no longer required for a duplex dwelling.


The amended design does not increase the number of approved units, or introduce any additional
impacts and is generally in keeping with the built and landscaped form of the relevant existing
development approvals. The proposal is considered a minor change.

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Assessing and Decision a Changes Application under Planning Act 2016

Section 81(2) and (3) of the Planning Act 2016 specifies what the responsible entity must consider when
assessing and deciding applications for minor changes including the following:

      (2) When assessing the change application, the responsible entity must consider—

            (a) the information the applicant included with the application; and
            (b) if the responsible entity is the assessment manager and submissions were properly made
                about the development application—the submissions; and
            (c) any pre-request response notice or response notice given in relation to the change application;
                and
            (d) all matters the responsible entity would or may assess against or have regard to, if the change
                application were a development application; and
            (e) another matter that the responsible entity considers relevant.

      (3) For subsection (2)(d), the responsible entity—
          (a) must assess against, or have regard to, the matters that applied when the development
              application was made; and
          (b) may assess against, or have regard to, the matters that applied when the change application
              was made.

The applicable planning instruments that Council must have regard to include:
             State Planning Regulation;
             State Planning Policy; and
             The Noosa Plan.


4.1 Noosa Plan

The subject site is located in the Noosa Heads Local Plan Area and zoned Medium Density
Residential the purpose of which is to provide for medium density multiple dwellings and facilities that
support local residents.

The original application was assessed under the 1985 Planning Scheme and noted that the proposal
was an underdevelopment of the site and was sympathetic to the topography of the land. A review of
the proposed changed against this scheme as well as the new Noosa Plan 2020 as detailed in the
table below.

                            Noosa Plan 1985              Noosa Plan 2020              Proposal                    Complies
                            Requirements                 Requirements

      Site Area             1187                         1187m2                       1187m2
      Gross Floor Area      0.45 = 534.15m2              0.4 = 474.8                  435m2                       complies
      Site cover            40%                          40%                          40%                         complies
      Landscaping           264m2 min                    474.8m2                      700m2 estimate              complies
      Boundary setbacks     • Frontage -6.0m             • Frontage -6.0m             • Frontage – 2m             No change

                            • Side – 1.5m up to 4.5      • Side – 1.5m up to 4.5      • Eastern Side – 1.5 m      No
                            and 2m between 4.5 and       and 2m between 4.5 and       • Western Side – 3.0m       change
                            7.5m and 2.5 above 7.5m      7.5m and 2.5 above 7.5m

                            • Rear – 6.0m                • Rear – 6.0m                • Rear– 9m                  No
                                                                                                                  change

      Building Height       2 storeys max                2 storeys max                2 storeys max               complies
                            8 metres max                 8 metres max                 8 metres max

      Length of wall        15 metres with one design    • 15 metres with one         • complies
                            element                      design element               • variation in roof forms   complies
                                                         • Parapet not exceed 50%     • segmented balconies
                                                         width along front façade

      Carparking -          1 covered space per          1 covered space per          4 uncovered                 No change
                            dwelling unit and 1 spaces   dwelling unit and 1 spaces
                            for visitor parking          for visitor parking

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As detailed by the table above, the proposal is consistent with the provisions of both the 1985
Planning Scheme and the new Noosa Plan 2020. The proposal complies with site cover and gross
floor area requirements of both schemes and maintains existing setbacks and height requirements.
The proposed works provide much needed renovations to the existing building fabric as well as
covering and enclosing existing open decks to provided improved internal spaces.

The external upgrades maintain the form of the existing development on the site and provide
additional detail to the façade through the use of aluminum screens, new windows and composite
paneling and cladding. The replacement of the timber weatherboards with textured composite
cladding to the front facade updates the façade and is considered to comply with the acceptable
outcome of the Medium Density Residential Zone Code relating to Materials and finishes which
states:

          AO18
          Buildings and structures use:

           (a) natural finishes wherever possible;
           (b) a mix of lightweight and textured external finishes;
           (c) masonry construction where variation is provided in texture and the façade uses a
               variety of finishes to break up the surface; and
           (d) open or transparent balustrades.

The proposed façade treatment includes a mixture of cladding materials (composite cladding and panels)
that provide variation through vertical and horizontal banding to the existing rendered finishes as required by
the outcome above. An example of the proposed finishes are detailed below. The new façade treatment will
provide a fine level of detail to the street which will complement the existing adjoining unit.




5.0 CONCLUSION
The proposed changes meet the criteria for a minor change under the Planning Act 2016 and provides
an upgrade and extension to an existing building that complies with the requirements of the Noosa Plan.
The changes are generally located within the area of the existing building and include enclosure of existing
decks that are located internally to the building.

The following documents are enclosed:

    (a) a copy of the appropriate Form 5 for a change application under Planning Act
    (b) Proposal plans

The Assessment Manager’s favourable consideration of the above (minor) changes application is
therefore recommended. Please contact our Noosa office if you require any further information and/or
clarification with respect to the above changes application.

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Yours sincerely,




Nadine Gorton
Senior Planner
Martoo Consulting


[OCR of page images]
Yours sincerely,

Nadine Gorton
Senior Planner
Martoo Consulting