Minor Change Report 132001 210326 1 [As Published] · 132001.210326.1

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               1.     PROPOSAL
               This application seeks a minor change to a Development Permit for a Material Change of Use -
               Dwelling. The proposed changes include substantial renovations to the existing dwelling, including
               an extension to the golf cart/garden storage building of 25m2 setback 4.8m to 5.7m from the
               common driveway. The proposed renovations raise no planning issues being within the existing
               approved building footprint, apart from the golf cart/garden storage extension.
               A plan of the locality is included below in Figure 1.




                                                  Figure 1 – Locality of Proposed Works




                                       Figure 2 - Approved Plans & Existing Floor Plans of Dwelling


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                    Figure 3 – Proposed Site Plan & Snapshot of existing (pictured left) and proposed (pictured right) Golf
                                                       Cart/Garden Storage Building




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                                       Figure 4 – Elevation and Section of Cart/Garden Storage

               2.     BACKGROUND
               The site is part of Noosa Springs which was previously subject to a rezoning application which saw
               the creation of Plan of Development No.39. Under the Plan of Development approved for the site,
               the subject site was included within Precinct D. The following table details the plan of development
               requirements for dwelling houses in Precinct D:-

                                                                  Plan of Development Criteria

                Building Height                  2 storeys and 8 metres

                Special Condition for            All buildings in Precinct D2 shall be developed in locations
                Buildings in Precinct D2         clear of the escarpment to the south.




                                                Figure 5 – Plan of Development No.39

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               Precinct D was subject to a further application to create the existing residential lots.
               Condition 9 of this approval requires:
               9.     All residential buildings on Lots 39 to 55 on plans GTP-D-PALMS-1A and GTP-D-PALMS-
                      2A, dated 17.1.2000, by Noosa Mapping & Surveys Pty Ltd (Attachment 1) shall be set back
                      a minimum of 6 metres from the common boundary of the lot and the fire access reserve
                      required by Condition 8, generally to the south-west. All fences and pools shall be set back
                      a minimum of 2 metres from the common boundary. Development Control By-laws under the
                      Mixed Use Development Scheme are to contain provisions that comply with this minimum
                      standard.
               The subject site is described as Lot 69 (and does not adjoin the escarpment) and therefore this
               condition is not applicable to the proposed alterations and additions to the dwelling.
               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;
               •      Schedule to the Town Planning Scheme 1990 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 alterations
                      and additions will not dramatically change 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.


               3.3. Statutory Instruments – Planning Scheme
               The original application was lodged and assessed under the now superseded Town Planning
               Scheme 1990. The Planning Act 2016 requires minor change applications to be assessed against
               the planning scheme in effect at the time of the original application (Town Planning Scheme 1990),
               however Council may give weight to the planning scheme in effect at the time of the minor change
               application being lodged (Noosa Plan 2020).
               The subject site was zoned Special Facilities (Tourist Resort Complex as shown on Plan of
               Development 390-PD3) and was within Precinct D of the Plan of Development no.39 under Town
               Planning Scheme 1990. Under the Noosa Plan 2020, the site is zoned Low Density Residential
               and is within the Noosa Heads Local Plan area. A Dwelling House was a consent development
               (consistent use) on this site under the superseded planning scheme and is identified as a
               consistent use under the current planning scheme.

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               The proposed extension to the golf cart/garden storage building complies with the superseded
               planning scheme requirements for the site including setbacks and height and the maximum site
               cover of 50% permissible at the time. Noosa Drive is not a Council owned road and forms part of
               the body corporate an application for siting relaxation is not required.
               The proposed extension also complies with the Low Density Residential Zone Code and Low
               Density Housing Code under the Noosa Plan 2020. The proposed golf cart/garden storage building
               meets all applicable planning scheme code provisions, including the built form and design
               requirements for setbacks, height, length of wall, landscaping and site cover etc.
               Overall, the alterations and additions remain generally in keeping with the original approval and
               aesthetic of Noosa Springs.
               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
               5.     CONCLUSION & REASONS FOR DECISION
               The proposed changes comply with the requirements of the Superseded Planning Scheme and
               the Noosa Plan 2020 requirements and do 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.




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               RECOMMENDATION
               With regard to Application No. 132001.210326.1, to make a minor change to an existing
               development approval for a Material Change of Use - Dwelling situated at ‘The Palms’ 701/61
               Noosa Springs Dr Noosa Heads described as Lot 69 GTP 107041, Council on 12 December 2024
               decided to:
               A.     Approve the change.
               B.     Include additional conditions as follows:
                      Additional Conditions – 12 December 2024 – 132001.210326.1
                      Approved Plans
               6.     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

                         103                DD06 Proposed Floor Plan 1:200                   05.04.2024
                                                     Prepared by Sealand Architects

                         104                DD06 Floor Plan_Main Wing 1:100                  05.04.2024
                                                     Prepared by Sealand Architects

                         105                DD06 Floor Plan_Entry Wing 1:100                 05.04.2024
                                                     Prepared by Sealand Architects

                         106                DD06 Floor Plan_Guest Wing 1:100                 05.04.2024
                                                     Prepared by Sealand Architects

                         200                DD06 Elevation_North                             05.04.2024
                                                     Prepared by Sealand Architects

                         201                DD06 Elevation_Cart, Garden Storage              05.04.2024
                                                     Prepared by Sealand Architects

                         300                DD06 Sections                                    05.04.2024
                                                     Prepared by Sealand Architects




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Document Set ID: 23337319
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