Minor Change Report MCU18 0003.01 · MCU18/0003.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0003.01
Development Approval	Material Change of Use - Multiple Housing - Type 2 Duplex
Applicant	20 Nannygai P/L
Request Received On	3 February 2020

PROPERTY DETAILS
Property Address	20 Nannygai Street, Noosaville Qld 4566
RP Description	Lot 36 RP 63879
Land Area	809 Square Metres
Existing Use of Land	Detached Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville Locality
Zone	Semi Attached
Overlays	Natural Hazards Overlay (Flood Hazard & Acid Sulfate Soils)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval by updating Condition 4, in relation to the overall height of the development.
background
A development approval for a Material Change of Use for Multiple Housing Type 2 – Duplex was issued on 10 April 2018.
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosaville Locality Code;
Residential Uses Code;
Engineering Works Code; and
Landscaping Code.
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 minor change relates to a minor variation in the height of the development only;
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 mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Existing Condition
Condition 4
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground level, except along the ridgeline of Dwelling A where the vertical height must not exceed a RL 9.96 metres and in the south-western corner of Dwelling B where the skillion roof must not exceed RL 9.7m.
Applicant’s Request
Following construction, a survey of the site undertaken by a registered cadastral surveyor revealed that the building south-western corner of the Dwelling B had a height of RL9.77m. The roof line therefore does not comply with the condition of the approval by 0.07m.
Advice from the builder indicates that the height was accidently exceeded and note discovered until the survey was undertaken. The applicant now seeks Council consideration of the request to slightly alter the condition and approve the height of the building as constructed. The condition is requested to be changed to the following:

Assessment of Request
The original encroachment was as a result of fill being required on the site to meet the minimum floor level required in the area. The location of the building height encroachments are centrally located on the development along the ridgelines of the roof form. The discrepancy between the approved height and constructed height, being 0.07m, is considered very minor in nature. The minor increase in the height is not anticipated to result in the development visually dominating the street or surrounding spaces. Each dwelling is well articulated with strong design elements to provide visual interest and off set building bulk. The proposed encroachment is unlikely to impact on adjoining lots and raises no concern.

cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed minor change 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.
RECOMMENDATION
With regard to Application No. MCU18/0003.01 to make a minor change to an existing approval for a Material Change of Use - Multiple Housing - Type 2 Duplex, situated at 20 Nannygai Street, Noosaville described as Lot 36 on RP63879, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Amend condition 4 to read as follows:
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground level, except along the ridgeline of Dwelling A where the vertical height must not exceed a RL 9.96 metres and in the south-western corner of Dwelling B where the skillion roof must not exceed RL 9.77m.

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Condition 4. The maximum height of the development must not exceed 8.0 metres above the
finished ground level and the natural ground level, except along the ridgeline of Dwelling A where
the vertical height must not exceed a RL 9.96 metres and in the south-western corner of Dwelling

B where the skillion roof must not exceed RL 9.77m.