Minor Change Report 131999.982717.1

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

APPLICATION DETAILS
Application No.	131999.982717.1
Development Approval	Material Change of Use for a Dwelling house
Applicant	Mark Stewart Wisken and Kylie Michelle Wisken
Request Received On	7 August 2019

PROPERTY DETAILS
Property Address	Noosa Dunes 1/512 David Low Way, Castaways Beach Qld 4567
RP Description	Lot 1 on SP111721
Land Area	625.0m2
Existing Use of Land	Detached house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Natural Hazard – Slide Hazard and Bushfire Hazard Natural Resources – Coastal Protection Area
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for a Detached House (131999.982717). The proposal if for alterations and additions to the existing detached house, including a proposed upper level pergola with a setback of 2.714m, partially located outside of the Plan of Development (refer to Figure 1).

Figure 1: Site Plan
background
The subject site is located within the Noosa Dunes estate (formerly Marcus Dunes estate), with development within the estate being required to be in accordance with a Plan of Development gazetted in January 1998. The Plan of Development depicts building envelopes, with the areas outside of the building envelopes to remain undeveloped, and natural vegetation to remain untouched.
A development permit (131999.982717) for a Detached House was issued on 22 June 1999, approving the existing two storey dwelling located on the subject site. The development generally complied with the requirements of the Plan of Development, with the exception of the driveway being located outside of the building envelope, and the upper level deck on the south eastern corner of the dwelling being partially located outside of the building envelope, encroaching into the 4 metre setback by 400mm. In relation to the upper level deck, the original Officer’s Report stated:
‘given the original shape of the building envelope was altered between the plan of development and the eventual subdivision layout, this would seem allowable, particularly as the non-compliance is at an upper level.’
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; and
Plan of Development for Marcus Dunes.
The following codes from the Noosa Plan are applicable to this development:
Eastern Beaches Locality Code;
Detached House Code;
Landscaping Code; and
Engineering Works Codes.
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 proposal is for alterations and additions to an existing detached house only and relates to a setback variation 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.
Applicant’s Request
The application proposes alterations and additions to an existing detached house, and therefore the suite of plans originally approved are to be superseded by the new proposal plans.
Existing Condition
Condition 18
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 1-4 prepared by KDS Homes and dated April 1999 and as may be amended by these conditions.
Assessment of Request
At a proposed setback of 2.714m from the side boundary, the pergola is partially located outside of the building envelope approved under the Plan of Development. However, the encroachment is generally in proximity to the existing, previously approved encroachment. In addition, the application material included approval from the Noosa Dunes Body Corporate
The topography of the site and surrounding locality results in the portion of the pergola being elevated when viewed from the Marcus Dune Court road frontage, however onsite vegetation provides significant screening to the development. In addition, the location of the encroachment, being on the corner of the lot in proximity to the Noosa Dunes Estate entry roundabout, is not anticipated to create any adverse impacts on the amenity of surrounding properties or to the entry to the Estate. Therefore, the proposal is recommended for approval.

Figure 2: Subject Site
Approved Plans
18.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
Project No:18005 Drawing No: 200	C	Proposed Site Plan	29.09.19
Project No:18005 Drawing No: 201	B	Proposed GF Plan	12.04.19
Project No:18005 Drawing No: 201A	B	Proposed GF Plan Dimension Plan	12.04.19
Project No:18005 Drawing No: 202	C	Proposed Lev 1 Plan	29.09.19
Project No:18005 Drawing No: 202A	C	Proposed Lev 1 Plan Dimension Plan	29.09.19
Project No:18005 Drawing No: 204	C	Proposed Roof Plan	29.09.19
Project No:18005 Drawing No: 300	C	Proposed Elevations	29.09.19
Project No:18005 Drawing No: 301	C	Proposed Elevations	29.09.19
Project No:18005 Drawing No: 400	C	Section	29.09.19
draft planning scheme
The subject site is located within the Low Density Residential Zone under the draft New Noosa Plan. No change to the recommendation would result under the new planning scheme.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposal meets the provisions of the Planning Scheme and raises no significant planning concerns and is recommended to be supported subject to conditions.
RECOMMENDATION
With regard to Application No. 131999.982717.1, to make a minor change to an existing approval for a Material Change of Use for a Dwelling house, situated at Noosa Dunes 1/512 David Low Way Castaways Beach Qld 4567 and described as Lot 1 on SP111721, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on decided to:
A.	Approve the change.
B.	Amend Condition 18 to read as follows:
Approved Plans
18.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
Project No:18005 Drawing No: 200	C	Proposed Site Plan	29.09.19
Project No:18005 Drawing No: 201	B	Proposed GF Plan	12.04.19
Project No:18005 Drawing No: 201A	B	Proposed GF Plan Dimension Plan	12.04.19
Project No:18005 Drawing No: 202	C	Proposed Lev 1 Plan	29.09.19
Project No:18005 Drawing No: 202A	C	Proposed Lev 1 Plan Dimension Plan	29.09.19
Project No:18005 Drawing No: 204	C	Proposed Roof Plan	29.09.19
Project No:18005 Drawing No: 300	C	Proposed Elevations	29.09.19
Project No:18005 Drawing No: 301	C	Proposed Elevations	29.09.19
Project No:18005 Drawing No: 400	C	Section	29.09.19

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