Minor Change Report 51901 3969 01

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               kitchen space as an additional room/lockable study in unit. This room as shown on the plans
               appears capable of being used as a bedroom. The changes do not result in additional gross floor
               area (GFA). The applicant seeks retrospective approval, as the works have already been
               undertaken.

               The locality and proposal plan are included below.




                                                        Figure 1 – Locality




                                             Figure 2 – Floor Plan (layout as approved)




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                                           Figure 3 – Proposed Floor Plan (as constructed)


               2.     BACKGROUND
               A town planning consent for 30 x Multiple Dwelling units was approved 24 January 1980. The
               complex was approved as 27 x 2 bedroom apartments and 3 x 3 bedroom apartments.
               A Short Stay letting permit was approved for Unit 29 by council (SSL23/0764) on 10 August 2023.
               3.     ASSESSMENT
               3.1. 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.
               3.2. 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 changes do
                      not change the built form and relate to an existing, approved unit;
               •      the change does not include prohibited development;



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               •      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.
               3.3. Statutory Instruments – Planning Scheme
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Tourist Accommodation Zone Code;
               •      Noosaville Local Plan Code;
               •      Dual Occupancy and Multiple Dwelling Code.
               The provisions of the 1973 planning scheme under which the development was approved are
               noticeably different from Noosa Plan 2020 requirements. Given the changes relate to the internal
               layout of the unit only, the main consideration is the impact of an additional room capable of being
               used as a bedroom, as this impacts on parking requirements. This is discussed below.
               Applicant’s Request
               The applicant has provided an existing floor plan that is being modified to relocate the kitchen into
               the dining space, and utilising the previous kitchen space as an additional room/lockable study in
               the unit. No existing conditions are affected by the change, rather, the plans submitted for Unit 29
               are to be recognised under the approval.
               Assessment of Request
               The plans indicate the new enclosed space is a study/storeroom, which is smaller than the existing
               bedrooms at 7.25m2. To ensure compliance with car parking for the site, the original Town Planning
               Consent, and the Short Stay Letting permit, a condition is recommended that does not allow the
               study/storeroom to be used as a bedroom.
               It is noted that the use of the room as a third bedroom would trigger the requirement for an
               additional carpark to be provided onsite. An application for an additional bedroom is unlikely to be
               supported if an additional carpark was unable to be provided.
               All changes are internal to the unit only, and there are no issues associated with this, that cannot
               be reasonably conditioned.
               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
               5.     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. 51901.3969.01, to make a minor change to an existing approval for
               Town Planning Consent for Multiple Dwelling Units situated at Noosa Shores 29/86 Noosa Pde
               Noosa Heads described as Lot 29 BUP 4053, Council on 17 January 2024 decided to:
               A.     Approve the change.
               B.     Include the following additional conditions 16 & 17 relating to Unit 29:
                      Additional Conditions specific to Lot 29 BUP 4053 – 22 January 2024
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                              Approved Plans
                      16.     Development authorised by this approval must be undertaken generally in accordance
                              with the Approved Plans listed in the table below.

                                 Plan No.   Rev. Plan/Document Name                                   Date

                                 A103       -     Proposed Floor Plan prepared by Collins Building 21.07.2023
                                                  Designs
                                                  (Annotated by Council)

                      17.     The notated “owners study / lockable storeroom” as shown on the approved plans is
                              not to be used as a bedroom.




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