Minor Change Report 51986.3023.03

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Assistant Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	51986.3023.03
Development Approval	51986.3023 (TPC 1845)
Applicant	Natani Design Pty Ltd
Request Received On	19 July 2021
Report Reviewed By	Lisa Pienaar
Decision Due Date	19 August 2021

PROPERTY DETAILS
Property Address	Unit 8 & 11 at 37 Hastings St Noosa Heads Qld 4567
RP Description	Lot 0 BUP 8083
Land Area	1345m² approx.
Existing Use of Land	Multiple Dwelling Nine (9) Units and Four (4) Shops

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation Zone
Precinct	Hasting Street Mixed Use Precinct
Local Area Plan	Noosa Heads
Overlays	Flood Hazard Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval 51986.3023 (TPC 1845). The proposal includes the replacement of an existing pergola on the roof of Unit 11 and replacement of an ensuite window, and internal works in Unit 8. The internal building works generally comply with the approval and comprise of amending the layout of the kitchen, laundry, ensuite 1 and ensuite 2. With regards to the proposed pergola, the height and general bulk and scale of the structure is consistent with the existing pergola.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Internal changes to Unit 8

Figure 4 – Floor Plan for Unit 11

Figure 5 – Elevations – Unit 11

Figure 6 – 3D East View – Renders – Unit 11

Figure 7 – 3D North View – Renders – Unit 11

background
51986.3023 – a development approval for 9 multiple dwellings and 4 shops was approved on 20 January 1987. Minor changes to the development were approved on 17 February 1987.
51986.3023.01 – a change to the existing approval for changes to lot 13’s roof terrace was approved on 17 April 2015.
51986.3023.02 – a change to the existing approval to refurbish the open space area of the complex. The works included replacing the existing pool with a larger rectangular shaped pool, a new outdoor shower and works within the boardwalk area and provide a level pathway into the development.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
The Noosa Plan 2020.
The following codes from the Noosa Plan 2020 are applicable to this development:
Tourist Accommodation Zone Code;
Noosa Heads Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
Acid Sulfate Soils Overlay Code;
Flood Hazard Overlay Code.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the internal works are generally in accordance with the approval and the replacement of the existing pergola is of a similar bulk and scale;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
Condition 37
The alfresco dining and BBQ area on the north and western sides must not be enclosed by permanent fixtures such as shutters, louvers, glass panelling or the like.
Applicant’s Request
The proposed plans for the replacement pergola include a Accoya timber screen on the southern facing wall of the pergola. As such, it is suggested that Condition 37 be amended to permit the proposed Accoya timber screen.
Assessment of Request
Minor Change Approval 51986.3023.01 (TPPC 1845) included the addition of Condition 37. It is noted that the reasoning behind the inclusion of Condition 37 is so the building complies with GFA and not increasing bulk and scale of the building and restricting viewlines.

The proposed pergola is of a smaller scale than the existing structure and is comprised of lightweight materials. The pergola has an open roof and is open on the northern and eastern facing walls. The southern and western sides of the pergola are screened by the stairway to the unit below.  It is noted that the proposed pergola is further setback from the side of the building which limits visibility where viewed externally.

A site visit to Hastings Street and the Main Beach boardwalk (refer to the figures below) revealed the proposed structure will be discrete from both locations. The proposed roof line is not visible from Hastings Street as it sits behind the roof of Unit 11, whilst the setback of the pergola and external section of the roof terrace means the pergola from Main Beach boardwalk is not visible.

Furthermore, the proposed Accoya timber screen will not contribute to the GFA of the building.
It is therefore considered that the proposal does not increase the GFA, nor the bulk and scale of the building. As such, Condition 37 will be amended as follows.
Condition 37
The alfresco dining and BBQ area on the north and western sides must not be enclosed by permanent fixtures such as shutters, louvers, glass panelling or the like. An exception is made to the southern facing wall of Unit 11 which is permitted to be partially enclosed by a Accoya timber screen as per the approved plans.

Figure 8 – View from Hastings Street

Figure 9 – View from Main Beach boardwalk

Figure 10 – View from Main Beach boardwalk

Figure 11 – View from Main Beach boardwalk
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 51986.3023.03, to make a minor change to an existing approval for 51986.3023 (TPC 1845) to Unit 8 & 11 situated at 37 Hastings St Noosa Heads described as  Lot 0 BUP 8083, Council on 19 August 2021decided to:
A.	Approve the change.
B.	Amend condition 37 to read as follows:
Condition 37
The alfresco dining and BBQ area on the north and western sides must not be enclosed by permanent fixtures such as shutters, louvers, glass panelling or the like. An exception is made to the southern facing wall of Unit 11 which is permitted to be partially enclosed by an Accoya timber screen as per the approved plans.

C.	Include the following additional condition:

19 August 2021

Approved Plans
44. 	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A111	L	Proposed Apartment Floor Plan, (Unit 8) prepared by Natani Design	
A112	L	Proposed Roof Top Terrace, (Unit 11) prepared by Natani Design	16.07.2021
A202	L	East Elevation, (Unit 11) prepared by Natani Design	16.07.2021
A203	L	North Elevation, (Unit 11) prepared by Natani Design	16.07.2021
A211	L	3D East View – Proposed, (Unit 11) prepared by Natani Design	16.07.2021
A212	L	3D North Views, (Unit 11) prepared by Natani Design	16.07.2021

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