Minor Change Report 51987.3790.04

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Graduate Development Planner, Jada Lyons
(drafted by Planning Advisor)
Development Assessment

APPLICATION DETAILS
Application No.	51987.3790.04
Development Approval	TPC 1957 80 Dwelling Units and ancillary facilities
Applicant	Gavin John Hunt
Request Received On	18 December 2022
Report Reviewed By	Jada Lyons

PROPERTY DETAILS
Property Address	The Islander Noosa 185 Gympie Tce Noosaville 36/187 Gympie Tce Noosaville
RP Description	Lot 36 GTP 2026
Land Area	Lot 36 – 95.79m2 Total Site Area -1466m2
Existing Use of Land	Multiple Dwelling, Shops and Restaurants

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation
Precinct	Not applicable
Local Area Plan	Noosaville Local Plan
Overlays	Acid Sulfate Soil Flood Hazard
Assessment Type	Minor Change to Town Planning Consent Permit

PROPOSAL
The applicant seeks approval to change to an existing development approval (TPC 1957) to extend the pergola roof of unit 36.  The pergola roof currently extends out from the unit’s living area and is 2.15m wide and 3.34m long.  It is proposed to extend the length of the pergola by 8.2m to increase the pergola roof’s total area to 11.54m x 2.15m
The locality and proposal plans are included below.

Figure 1 – Locality

Figure 2 – Site Plan/Floor Plan

Figure 3 – Elevations
background
A development approval for 80 Dwelling Units and ancillary facilities at Gympie Terrace, Thomas Street and The Cockleshell, Noosaville, was approved on 17 November 1987 (filed as 51987.3790, TPC 1957).
A subsequent approval was also given for Shops & Multiple Dwelling Units on 12 January 1989 (filed as DNA129). The site is now known as The Islander Resort.
A copy of the approved site plan and plans of the subject dwelling unit from TPC 1957 are shown below in Figure 4.

Figure 4 - Approved Site Layout and Subject Unit Plans
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 Schedule to the Planning Scheme 1985; 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 changes relate to an existing dwelling unit, and are minor in area;
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
Pursuant to the Planning Act 2016 the application must consider the planning scheme that was in effect when the original development application was made but may give weight to the current planning scheme.
The following codes from the Noosa Plan 2020 are applicable to this development:
Tourism Accommodation Zone Code;
Noosaville Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
Acid Sulfate Soils Overlay Code; and
Flood Hazard Overlay Code.
The proposed extension of the pergola raises no issues with the proposed increase in site cover and gross floor area remaining consistent with the 1985 planning scheme and the Noosa Plan 2020 as detailed in the table below:

	1985 Scheme	Approved – TPC 1957	Noosa Plan 2020	51987.3790.03 Approved	Proposed
Gross Floor Area	10940m2	8500m2	0.8:1 for mixed use buildings 0.65:1 otherwise	0.52%	N/A
Site Cover	40% (5864m2)	32% (4691m2)	45% (6597m2)	21.63m2	17.63m2

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed changes comply with the requirements of the 1985 planning scheme and Noosa Plan 2020 and do not raise any issues. 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. 51987.3790.04 , to make a minor change to an existing approval for 80 Multiple Dwellings and ancillary facilities situated at The Islander Noosa 36/185 Gympie Tce Noosaville described as Lots 0 and 36 GTP 2026, Council on 1 February 2023 decided to:
A.	Approve the change.
B.	Include additional conditions 31 and 32 as follows:
Approved Plans – 1 February 2023
31. 	Development is to be undertaken in accordance with this change to existing approval 51987.3790.04 must generally comply with the approved plans of development. The approved plans relating to the development and Unit 36 are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
51987.3790.04	-	Floor Plan lodged by Gavin Hunt on 18 Dec 2022	-
51987.3790.04	-	Elevation lodged by Gavin Hunt on 18 Dec 2022	-
51987.3790.04	-	Perspective lodged by Gavin Hunt on 18 Dec 2022	-
32.  	The approved changes to Unit 36 include:
Extension of the existing pergola roof area;
All building works is to be carried out within the confines of Lot 36 GTP 2026.

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