Minor Change Report MCU19 0047.01

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

APPLICATION DETAILS
Application No.	MCU19/0047.01
Development Approval	MCU19/0047
Applicant	William David Grove and Robin Purvis
Request Received On	30 June 2021
Report Reviewed By	Patrick Murphy
Decision Due Date	23.07.2021

PROPERTY DETAILS
Property Address	145 Musa Vale Rd Cooroy Qld 4563
RP Description	Lot 2 SP 269273
Land Area	4.883 hectares
Existing Use of Land	Detached House/Visitor Accommodation Type 3 Rural

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Biodiversity, Waterways & Wetlands Overlay Bushfire Hazard Overlay Flood Hazard Overlay Landslide Hazard Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval MCU19/0047 by removing an approved driveway to the secondary dwelling near the front property boundary.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan
background
A development approval for a (MCU19/0047) was approved on (29 July 2019). 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.
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 proposed removal of the driveway and turn around area is reducing the amount of Operational Works on the subject site;
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
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Low Density Housing Code;
Works Codes;
Biodiversity, Waterways & Wetlands Overlay
Bushfire Hazard Overlay
Flood Hazard Overlay
Landslide Hazard Overlay
Council’s Coordinator Development Assessment Engineers provided the following comments regarding the change application.
A site meeting with Council’s engineering officers and the applicant (Robin) was held on 11 June 2021. At the meeting Robin indicated that she intended to change the carparking and access indicated on the approved plans and delete the bond. The changes included utilising the existing double carport at the front of the site for the visitor accommodation use (the new residence at the rear had been constructed) and sharing the access driveway for a short length.
It was noted on site that:
Musa Vale Road at the location is a gravel formation with very little passing traffic and a low speed environment
The internal driveway has cobblestones compacted into the gravel formation and is stable
Stormwater runoff from the driveway drains to the existing table drain
There is sufficient room to manoeuvre on site but that this is not necessary due to the low traffic volumes and speeds at the access location.
The on-site discussions included advice to the applicant (Robin) that in order to proceed she needed to submit a change to the current application.
It is noted that the applicant (Robin) in the subject application has not indicated which conditions require changing and the following comments are based on the on-site discussions.
Condition 2
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.
Applicant’s Request
Plans are updated to show the removal of the driveway and turn around point for the secondary dwelling.
Assessment of Request
The plan submitted with the change request is illegible. In order to agree with the applicant’s request it is recommended that the approved plan, DA-101 E Site Plan be annotated to delete the new access driveway and carparking area

Condition 3
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Applicant’s Request
The applicant has requested the removal of the bond as the driveway is no longer necessary.
Assessment of Request
As there are now no engineering works required it is recommended that the bond amount be reduced to $2500.

Condition 11
A minimum 4.0m wide compacted gravel access crossover must be provided from the road formation to the property boundary consistent with standard drawing SEQ R-056. The works must be undertaken in compliance with an Operational Works approval.
Applicant’s Request
The applicant requests the removal of this condition.
Assessment of Request
The existing access is directly from the gravel formation of Musa Vale Road and is generally in good order for a rural access. It is not possible to be consistent with the standard drawing without significant works. It is recommended that the condition be reworded as follows:
“A compacted gravel access driveway must be provided from the road formation to the existing double carport near the entrance to the site. The access must be maintained to a standard suitable for the proposed use.”

Conditions 12 & 13
Condition 12
The internal driveway and parking area must be provided generally in accordance with the approved plans. The works must be undertaken in compliance with an Operational Works approval and must:
a. Have stable finish surface of well compacted pavement with bonded material or a similar surface suited for the intended use.
b. Have appropriate grades and measures that promote even drainage and minimise concentrated flows ponding and surface erosion.
c. Have adequate drainage measures to ensure no adverse drainage impact on the subject property and other properties.
d. Be constructed and maintained to perform well for its intended use.
e. Be certified by RPEQ
Condition 13
Parking area and carparking spaces must be in compliance with AS 2890.1 for dimensions and configuration, and must be delineated by appropriate durable linemarking or other suitable approved measures (eg Carpark Marking Dots).
Applicant’s Request
The applicant requests the removal of this condition.
Assessment of Request
Due to the changes requested by the applicant it is considered that Conditions 12 and 13 are no longer relevant and can be deleted

Condition 14
To ensure traffic safety, vehicles access to and from this property must be from the constructed driveway in a forward gear only
Applicant’s Request
The applicant requests the removal of this condition.
Assessment of Request
Although the risk is low for vehicles reversing on to Musa Vale Road it was demonstrated during the site meeting that it was possible for vehicles to manoeuvre on site on the existing driveway. It is recommended that the condition be retained unaltered

Condition 15
Pavement design for privately owned works must be undertaken in accordance with the relevant standards. Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer.
Applicant’s Request
The applicant requests the removal of this condition.
Assessment of Request
The condition remains relevant and it is recommended that the condition be retained unaltered.
cONSULTATION
Referral Agencies
Not applicable.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator Development Engineers
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. MCU19/0047.01, to make a minor change to an existing approval for MCU19/0047 situated at 145 Musa Vale Rd Cooroy Qld 4563 described as Lot 2 SP 119744 & Lot 2 SP 269273, Council on 27 July 2021 decided to:
A.	Approve the change.
B.	Amend conditions 2, 3 & 11 to read as follows:
2. 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
DA-101	E	Site Plan (Annotated by Council)	30/04/2019
DA-111	B	Existing house – Floor Plan	13/03/2019
DA-121	C	Existing house – Elevations	15/04/2019
3.   Security in the form of a cash bond or trading bank guarantee to the sum of $2,500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
11.   A compacted gravel access driveway must be provided from the road formation to the existing double carport near the entrance to the site. The access must be maintained to a standard suitable for the proposed use.
C.	Delete conditions 12 & 13.

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REAL PROPERTY DESCRIPTION

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
   
 
 
  

{45MUSA VALE RD, COOROY
LOT? ON P2602
SITE AREA’ aerr267m2

DEVELOPMENT SUMMARY

PROPOSED VISITOR ACCOMMODATION
(EXISTING DWELLING TO BE CONVERTED)
cra:

INTERNAL 20m
COVERED DECK ead

FUTURE DWELLING - SUBJECT TO SEPARATE

BUILDING APPLICATION"
Gra:

INTERNAL 100m
COVERED DECK Tim
UNCOVERED DECK m2.

COVERED CARPORT 40m

NOTE
INDICATES ITEMS THKT)D0 NOT FORM PART
OF THIS APPLICATION.

[DRIVEWAY AND TURN
_|AORUND AREA TO BE
‘SSeS REMOVED