Delegated Report - Code - Planning 51993.575.01

Author	Planning Advisor, Kerri Coyle
Development Assessment

APPLICATION DETAILS
Application No.	51993.575.01 51993.575
Applicant	Barea J & L
Proposal	Minor Change to Existing Dual occupancy
Properly Made Date	30 June 2022
Information Request Date	27 July 2022
Information Response Date	8 November 2022
Decision Due Date	6.12.2022
Report Completed Date	6.12.2022
Report Reviewed By	Nadine Gorton 6.12.2022

PROPERTY DETAILS
Property Address	Vista Alegre 1 and 2 /11 Ventura St Sunrise Beach Qld 4567
RP Description	Lot 0 BUP 13368, Lot 1 BUP 13368, Lot 2 BUP 13368
Land Area	157 m² 741 m²
Existing Use of Land	Dual Occupancy

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Coastal Communities Local Plan
Overlays	Not Applicable
Assessment Type	Minor Change to Approval - Code
PROPOSAL
The application seeks approval to extend unit 1 of an existing duplex dwelling at 11 Ventura Street.  The proposed extensions include the provision of a new laundry/storage area on the ground floor with a roofed outdoor area and pool, with a new bedroom and bathroom proposed on the upper floor and a larger deck to the frontage of the site. No changes are proposed for unit 2.
The locality and proposal plans are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 4 – Elevations
site details
Background
The site has a development approval (TPC 2515) for a 2 storey duplex dwelling given in May 1993 for 2 x three bedroom units each with a single car garage.  The units are similarly designed with bedrooms on the lower floor and living areas upstairs.
Site Description
The site has an area of 741m2, with a building format plan created over the duplex.  The site is relatively level with a large area at the rear of each unit being under utilised.
Surrounding Land Uses
The area has been developed for a mix of duplex dwellings and multiple dwellings with a number of properties remaining undeveloped for units, with dwelling houses mostly constructed on these properties.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Dual Occupancy and Multiple Dwelling Use Code;
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 use is not changing and the built form is not significantly different to that exists;
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.
The subject site is located in Sunrise Beach and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone.  The proposed extension of the dual occupancy unit is consistent with the zoning intent to provide for medium density dual occupancy and multiple dwellings in a range of dwelling sizes and styles.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	2 storeys 6.657 metres	
Site cover	40% max	32.5 %	
Plot ratio	0.4:1 max.	39.1:1 *	
Boundary setbacks Frontage Side (northern) Rear	6 metres min 2.0 metres min 6 metres min	6.3 metres 1.165m to landing roof and 1.6 to stairs otherwise as existing 10.3 metres	X
Length of wall	15 metres max	10.49 metres	
Landscaped open space Soft landscaping Landscaping Setbacks	296 m² min 177 min 60% of total 2m landscape setback	361m² approx. 260m² approx. 2m	
Private Open Space	25 m² min	25m² plus	
Carparking	2 covered min 1 uncovered min	2 covered 1 uncovered	
* As noted in the information request to the applicant there will be limited gross floor area available for the future development of unit 2 under the Noosa Plan 2020 and Unit 2 will not be able to achieve a similar floor as proposed.
The proposed extensions are largely compliant with the acceptable outcomes of the applicable codes, with exception of side setbacks to the northern boundary for a new landing and stairs.  These intrusions are relatively minor and meet the performance outcome.  The new landing and stairs will not adversely impact on the amenity of the adjoining premises or result in overlooking of private opens space adjoining.  The reduced setbacks also still allow for sufficient space and landscaping to be provided between the buildings.
The applicant has also demonstrated that the privacy of the adjoining neighbours has been satisfactorily maintained, with screening proposed on the new landing and to front and rear decks.
The proposed extensions are also compliant with the Sustainable building design code outcomes, acknowledging that some aspects are unable to comply due to the existing building design. Deep front and rear (east and west facing) outdoor living areas are fully shaded with the unit maintaining multiple openings and windows along the east and north facing walls to access to breezes.  While the ceiling to floor heights on both levels are 2.4m, this is existing, and the building would require significant demolition and remodelling to achieve a minimum height of 2.7m
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Unexploded Ordnance and has responded advising that they have no requirements.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator Engineering

An additional condition relating to an inspection of the final works was recommended to be included in the approval.

conclusion & reasons for decision
The application seeks approval to modify the existing approval to undertake renovations of the existing dual occupancy on site. 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 51993.575.01 to make a Minor Change to an existing approval for alterations to a Dual occupancy situated at 1/11, 2/11 and 11 Ventura St Sunrise Beach and described as Lot 0  BUP 13368, Lot 1 BUP 13368, Lot 2 BUP 13368, Council on 19 December 2022 decided to:
A.	 Approve the minor change
B. 	Amend condition 1 and 7 and include additional conditions 23 to 28:
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
1102/TP 1	-	Site Layout prepared by Kerry R Gridley	March 1993
1102/TP2	-	South and East Elevation prepared by Kerry R Gridley	March 1993
08	-	Proposed Floor Plans prepared by JMF Design	18/10/2022
09	-	Proposed Roof Plan prepared by JMF Design	18/10/2022
10	-	Adjoining Property Privacy Details prepared by JMF Design	18/10/2022
11	-	Proposed Elevations prepared by JMF Design	18/10/2022
12	-	Proposed Elevations prepared by JMF Design	18/102022
Sheet 1	B	Landscape MCU/ Operational works Prepared by Anembo Consultants	18/10/2022
Sheet 2	B	Landscape MCU/ Operational works Prepared by Anembo Consultants	18/10/2022
Sheet 3	B	Landscape MCU/ Operational works Prepared by Anembo Consultants	18/10/2022
Sheet 4	B	Landscape MCU/ Operational works Prepared by Anembo Consultants	18/10/2022
Sheet 5	B	Landscape MCU/ Operational works Prepared by Anembo Consultants	18/10/2022
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
the area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Additional Conditions 19.12.2022
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like other than as shown on the approved plans of development.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Landscaping Works
As part of the redevelopment of unit 1, the area associated with unit 1 and the site’s full frontage to Ventura Street must be landscaped.  The works must be undertaken in accordance with the approved plans and the Noosa Plan for that specific area and must include in particular:
Landscaping to the site’s full frontage to Ventura Street;
A street tree planted within the road verge of Ventura Street with a minimum pot size of 45 litres;
Planting of groundcovers, shrubs and trees in the proposed landscape areas for unit 1 as shown generally on the approved plans of development to achieve visual screening between neighbours.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
A final inspection and approval of the new works and any completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
C. 	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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