Minor Change Report 132006 272 01 · 132006.272.01

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               1.     PROPOSAL
               The applicant seeks approval to retrospectively change an existing development permit
               (referenced 132006.272) to change approved sitting rooms in each unit to bedrooms.
               This change will effectively approve both dwellings, which were approved as three-bedroom units,
               to lawfully operate as four-bedroom units used for short-term or long-term accommodation.
               This existing duplex dwelling retains 2 covered car parking spaces for each dwelling unit and will
               provide 4 covered spaces for the development.
               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




                                                       Figure 2 – Site Plan




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                                                   Figure 3 – Unit 2 Floor Plans




                                                   Figure 4 – Unit 4 Floor Plans


               2.     BACKGROUND
               A Development Permit for Material Change of Use of Premises for a Duplex was issued on 14
               August 2006. The applicant suspended the appeal period on 30 August 2006 and made
               representations on 14 September, 2006 to the development approval conditions.
               The representations primarily concern landscaping, building materials and the contribution towards
               the construction of footpaths. A Negotiated Decision Notice for a Material Change of Use for a
               Duplex Dwelling (2 x 3-bedroom dwellings) was approved on 9 October 2006 DA reference -
               06/0272.
               The application was assessed under the superseded Strategic Plan, 1990 Planning Scheme (1997
               Amendment), Noosa Hill Development Control Plan and the Superseded Noosa Plan 2006.
               Under the 1997 planning scheme amendment, the proposal did not comply with the provision of 1
               uncovered parking space as all parking (4 spaces) spaces were contained in garages. Upon
               assessment the proposed basement configuration was considered consistent with similar
               developments recently approved in the area and was therefore accepted.

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               Under the superseded scheme and plans, the proposed development did not raise any significant
               planning, engineering, building or environmental health issues. The application was recommended
               for approval, subject to conditions.


               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 change only
                      relates to seeking retrospective approval to lawfully use an approved sitting room as a
                      bedroom;
               •      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 following codes from the Noosa Plan 2020 are applicable to this development:
               •      Medium Density Residential Zone Code;
               •      Noosa Heads Local Plan Code;
               •      Dual Occupancy and Multiple Dwelling Code;
               •      Works Codes;
               •      Landslide Hazard Overlay Code;
               •      Bushfire Hazard Overlay Code.
               The proposed change is consistent with the planning scheme provisions in place at the time the
               original development application was made and the current planning scheme provisions.
               The proposed change meets the relevant Acceptable Solutions, Performance Outcome, Overall
               Outcomes and purposes of the abovementioned codes. The change only relates to the lawful use
               of an existing room within each unit. There are no changes to built form, design or materials or
               finishes.
               As shown on the proposal plans for each unit, the four car parks are in existing garages located
               on the lower level of the building.
               Under the current Noosa Plan 2020, car parking for Dual Occupancy requires two covered spaces
               and one additional space.



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               Superseded Planning Schemes
               Under the superseded ‘The Noosa Plans 1997 & 2006’ a Duplex required 1 covered space per
               dwelling unit and 1 additional space. Therefore the current onsite provision complies.
               Under the current Noosa plan 2020 a Dual Occupancy requires 2 covered spaces and 1 additional
               space. The current onsite provision complies.
               It is unclear why the provision for an uncovered space was referenced under the 1997 amended
               scheme. However in any event onsite carparking provision is not based on number of bedrooms
               and the internal conversion to accommodate an additional fourth bedroom is in accordance with
               previous planning schemes in force at the time of the original approval.
               Comment
               The site retains a total of four covered parking spaces and therefore exceeds the number of car
               parks required for both the superseded and current planning schemes.
               The applicant has also noted in their assessment that informal discussions were held with Council
               Planners, and it was considered that there was sufficient car parking provided to meet the needs
               of the development.
               Condition 1

                Development undertaken in accordance with this approval must generally comply with
                the approved plans of development. The approved plans are numbered WD.03 (revised
                Site Plan received on 27 July 2006), Floor Plans and Elevations 0601.SK02 - 08 (Revision
                A) prepared by Kidd & Co. Designers and dated January 2006 and as may be amended by
                these conditions.

               Applicant’s Request
               Condition 1, reproduced above, references the approved Site Plan, Floor Plans and Elevations
               and as such needs to be updated to reference the proposal plans submitted with this application.
               Assessment of Request
               The request to lawfully permit the use of the approved sitting room as a bedroom is supported.
               This change requires an amendment to Condition 1, as outlined below:

                Development undertaken in accordance with this approval must generally comply with the
                approved plans of development. The approved plans are referenced;
                 - Plan No: AO1 Revision 1, Floor Plan prepared by RG Strategic dated 16/2/2022 (as
                   annotated by Noosa Council); and
                 - Plan No: AO2 Revision 1, Floor Plan and Site Plan prepared by RG Strategic dated
                   6/07/2024 (as annotated by Noosa Council);
                 - 0601.SK01 (Revision A) Basement Plan, prepared by Kidd & Co dated January 2006;
                 - 0601.SK04 - (Revision A) Level 3 Plan, prepared by Kidd & Co dated January 2006;
                 - 0601.SK05 - (Revision A) Elevations 1, prepared by Kidd & Co dated January 2006;
                 - 0601.SK06 - (Revision A) Elevations 2, prepared by Kidd & Co dated January 2006
                   (as annotated by Noosa Council);
                 - 0601.SK07 - Lower Floor GFA, prepared by Kidd & Co dated January 2006;
                 - 0601.SK08 - (Revision A) Upper Floor GFA, prepared by Kidd & Co dated January
                   2006;
                   and as may be amended by these conditions.
               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable


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               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. 132006.272.01, to make a minor change to an existing approval for
               Material Change of Use for Duplex Dwelling situated at 1 and 2/11 Angler St Noosa Heads Qld
               456711 Angler St Noosa Heads Qld 45672/11 Angler St Noosa Heads Qld 4567 described as Lot
               2 on SP221905, Council on 5 November 2024 decided to:
               A.     Approve the change.
               B.     Amend Condition 1

                Development undertaken in accordance with this approval must generally comply with the
                approved plans of development. The approved plans are referenced;
                 - Plan No: AO1 Revision 1, Floor Plan prepared by RG Strategic dated 16/2/2022 (as
                   annotated by Noosa Council); and
                 - Plan No: AO2 Revision 1, Floor Plan and Site Plan prepared by RG Strategic dated
                   6/07/2024 (as annotated by Noosa Council);
                 - 0601.SK01 (Revision A) Basement Plan, prepared by Kidd & Co dated January 2006;
                 - 0601.SK04 - (Revision A) Level 3 Plan, prepared by Kidd & Co dated January 2006;
                 - 0601.SK05 - (Revision A) Elevations 1, prepared by Kidd & Co dated January 2006;
                 - 0601.SK06 - (Revision A) Elevations 2, prepared by Kidd & Co dated January 2006
                   (as annotated by Noosa Council);
                 - 0601.SK07 - Lower Floor GFA, prepared by Kidd & Co dated January 2006;
                 - 0601.SK08 - (Revision A) Upper Floor GFA, prepared by Kidd & Co dated January
                   2006;
                and as may be amended by these conditions.




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