Minor Change Report 51991.445.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author		Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	51991.445.01
Development Approval	51991.445 (TPC2378)
Applicant	Henry Kelso Woodward and Irene Woodward
Request Received On	20 January 2022
Report Reviewed By	Patrick Murphy 22.03.2022
Decision Due Date	8 March 2022

PROPERTY DETAILS
Property Address	Edward 1/166 Edwards St Sunshine Beach Qld 4567 Edward 166 Edwards St Sunshine Beach Qld 4567
RP Description	BUP 11506, Lot 1 BUP 11506
Land Area	82.58m2 on 217.59m2
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential Zone
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Landslide Hazard Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for the purpose of making allowance for a swimming pool on the premises, which has resulted in the inclusion of a wall/fence height of 3 metres in sections, and pool equipment located along the north-eastern side boundary.
The proposed swimming pool is setback 3.3 metres from the front boundary and 0.5 metres from the western boundary. The pool is screened by a 2 metre high colour fence which is sited on top of a 1 metre high retaining wall. Within the road setback there is a shed containing equipment associated with the pool i.e. pump, the shed is approximately 1.5 square metres.
The swimming pool is for use by the occupants of Unit 1 only; the pool is not a communal facility.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Section Plan

Figure 3 – Original Approval (Site & Floor Plan)
Figure 4 – Original Approval (SE & SW Elevations)

Figure 5 – Photographs of Shed and Existing Pool Fencing

Figure 6 – Photographs Existing Fencing Elevations

background
A development approval for a Duplex was approved by Council on 9 September 1991 on land at 166 David Low Highway, Sunshine Beach. The development has since been subdivided by a building format plan.
The application was originally lodged as a Referral Agency for Building (RAB21/0253) which was later transferred to Planning for assessment.
Council’s aerials indicate that the swimming pool and retaining wall/fence have been constructed without the relevant approvals in place.

Figure 7 – Current and 2019 Aerials

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.
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 proposal is not dramatically changing the built form;
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:
Medium Density Residential Zone Code;
Coastal Communities Local Plan Code;
Dual Occupancy and Multiple Dwelling Uses Code;
Works Codes.
Condition 1
Submission to and approval by Council of building plans in accordance with the Building Act, Council’s By-laws and Policies, the conditions of this approval and substantially in accordance with plans 692-TPC1 and 692-TPC2 and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.
AND
Condition 5
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping is to be completed in accordance with the approved landscape plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
The applicant seeks to amend Conditions 1 and 5 to include the proposal plans inclusive of the changes.

Applicant’s Request – Swimming Pool & Mechanical Equipment
The applicant seeks approval for the existing swimming pool in its current location which was constructed without relevant permits in-place. The pool which is setback back 3.3 metres from the front boundary, and 0.5 metres from the western boundary. A tree was required to be removed for the construction of the pool.
The existing pool protrudes 1000mm above the natural ground level as per the plans and is setback 3300mm from the front boundary. The existing pool is exclusively for use by Unit 1 at 166 Edwards Street, and is not a communal pool for use by all resident of both Units.
The mechanical plant is located within the noted shed on the provided site plans, in the front left corner of the lot. This shed is constructed from Colorbond steel and is 1.8 metres in height and is dark green in colour. The shed blocks any views of the system which may be had from the street or adjoining dwellings. While it is noted that the pools mechanical system is located towards the front of the property, this part of Edward Street is used by local traffic only and the frontage of the site is covered by thick vegetation which blocks the view of this shed from the main road.
It’s also noted that while this shed is also directly adjoining the shared boundary with the neighbouring lot there is also a large amount of vegetation which separates the neighbouring dwelling and the pool filter system any noise created by the pool system is unlikely to impact on the adjoining dwelling.
Assessment of Request
The siting of the pool and mechanical equipment is located within the western side boundary setback not in compliance with AO12.1 and AO21.3 of the Zone Code. The reduced setbacks do not lend itself to landscaping between the structures and subject side boundary. The location of the pool and infrastructure has resulted in removal of a tree as identified by the applicant, however, due to Council not having record of the previously approved landscaping plan as required by Condition 5, Condition 5 has not been amended.
The reduced side boundary setback of the pool is not considered to compromise the amenity of the adjoining property should it be developed in the future, as the pool will have fencing of a height to uphold privacy of both premises. Furthermore, the pool has been outlined as not being a communal facility which will reduce the frequency of movements and number of people occupying the area. For surety, a condition will be imposed for a copy of the revised Community Management Statement (CMS) is to be provided to Council, clearly outlining that the proposed pool is for private use of the occupiers of Unit 1. Alternatively, the lot is to be reconfigured to allow the pool to be wholly located within the allotment. A condition will be imposed to ensure compliance with the Zone Code.
The mechanical equipment located within side boundary setback is wholly contained within the shed to assist in mitigating noise and to visually screen the equipment from the adjoining premises and roadside.

Following a site inspection from the roadside there are some small shrubs planted in front of the road boundary fence, and a mature palm within the property. Species with a growth height of 2-3 metres are to be planted along the road frontage to assist in improving the amenity of the mechanical plant from the roadside. Baffling is also to be provided to the mechanical equipment to reduce impacts to adjoining premises.

The development will be conditioned to comply with the Performance Outcome.

Applicant’s Request – Fence Height
The fence located on the common boundary varies in height, the fencing/retaining wall immediate to the swimming pool achieves a height of 3 metres.
Assessment of Request
Due to the fall of the land a retaining wall of approximately 1 metre high sits below the 2 metre high Colourbond fence, achieving a maximum height of 3 metres. This fencing is constructed from Colorbond steel and is Dark green in colour matching the rest of the existing fence and the associated shed which houses the pools filtration system. The fencing and retaining wall is not a height of 3 metres for the entire length of the side boundary, it is of a distance immediate to the pool to uphold privacy between to the two properties. The proposed fence height is not considered to compromise the future development of the adjoining premises.

The development is considered to generally comply with the Noosa Plan 2020.

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. 51991.445.01, to make a minor change to an existing approval for the purpose of a Duplex situated at Edward 1/166 Edwards St Sunshine Beach Qld 4567, Edward 166 Edwards St Sunshine Beach Qld 4567 described as Lot BUP 11506, Lot 1 BUP 11506, Council on 29 March 2022 decided to:
A.	Approve the change.
B.	Amend conditions 1 to read as follows:
PLANNING
When Conditions must be Complied With
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
692/TPC1	-	Site & Floor Plan prepared by Kerry R. Gridley	June 91
692/TPC2	-	South-East & South-West Elevation prepared by Kerry R. Gridley	June 91
WOO/1/21.20.21	-	MFP Easy - Section Plan prepared by applicant	21 October 2021
WOO/2/28.02.22	-	MFP East (Site Plan) prepared by applicant	28 January 2022
C. 	Include the following additional conditions:

A copy of the revised Community Management Statement (CMS) is to be provided to Council, clearly outlining that the proposed swimming pool is for private use of the occupiers of Unit 1.
Landscaping
The open space and setback areas are to be landscaped in accordance with Council’s Planning Scheme Policy 2 – Landscaping. A minimum of three (3) native shrubs with a mature height of not less than 2 metres are to be planted along the front fence soften the development.
Noise Nuisance
21. 	All pool and mechanical equipment must be baffled to ensure there are no amenity impacts to adjoining neighbours

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