Minor Change Report 51989.628.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	51989.628.01
Development Approval	TPC2186 Multiple Dwelling 3 units
Applicant	Body Corporate - Emma Kingston Court and Teresa Ann Wakeham
Request Received On	20 December 2021
Report Reviewed By	Lisa Pienaar
Decision Due Date	24th April 2022

PROPERTY DETAILS
Property Address	Emma Kingston Court 4/2 Church St Pomona
RP Description	BUP 11021 and Lot 4 BUP 11021
Land Area	1675.78m2
Existing Use of Land	Multiple Dwelling – 3 units plus a dwelling unit

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential Zone
Precinct	Not applicable
Local Area Plan	Pomona
Overlays	Bushfire Hazard Overlay – Potential Impact Buffer
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change existing development approval TPC2186 by converting the existing  single storey dwelling  on site into two units with the remaining two storey unit building of3 units to remain unaltered. The changes to the dwelling include:
Internal alterations to the layout of the residential dwelling to create an additional unit;
New timber deck along the southern and western living areas of the proposed units;
New carport to northern end of building;
New driveway to new carport.
The original approval references 3 units with the plans detailing 3 units and a dwelling house. The applicant seeks to covert the dwelling into two units which will result in a total of 5 units on the site. As part of the application the applicant seeks to amend the approval to reference 5 dwelling units amend the conditions to reflect the revised plans and car parking requirements.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Existing Floor Plan
Figure 4 – Proposed Floor Plan

Figure 5 – Elevations

background
A development approval for a Multiple Dwelling of 3 units was approved by Council in July 1989. The approved plans provided for a new two storey building comprising 3 units to the Church Lane frontage and retention of the existing dwelling along the Church Street frontage. The units were constructed circa 1990.
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
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 residential use and building fabric is maintained;
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;
the change would not cause the application to be publicly notified.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Zone Code;
Hinterland Villages Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes.
The proposal has been reviewed against the Noosa Plan 2020 and is considered to generally comply with the relevant criteria.
Criteria	Planning Scheme	Existing Approval	Proposal	Complies
Site Area	N/A	N/A	1886m²	
Gross floor area or Plot ratio	943 m² max 0.5:1 max.	390m2 0.20:1	406m² 0.20:1	
Site cover	40% max	20%	20.6 %	
Building height (dwelling) storeys metres	2 storeys max 8 metres	1 storey 4.5 metres	1 storey 4.5 metres	
Boundary setbacks (dwelling) Frontage (Church Street) Mountain Street Side northern Church Lane	4.5 metres min 6 metres min 1.5 metres min 6 metres min	4.5 metres (existing) 12.5 metres (existing) 3.7 metres Not altered	4.5 metres (existing) 12.5 metres (existing) 3.7 metres Not altered	
Length of wall	15 metres max	19 metres  (existing/unchanged)	19 metres (existing /unchanged)	X
Carparking: Existing 3 units and dwelling Conversion of dwelling into two units Total for existing and new (5 units)	2 covered spaces plus 1 uncovered	4 covered spaces and 1 uncovered space	2 covered and 1 uncovered 5 covered and 2 uncovered	
The existing dwelling does not comply with AO 14.3 of the Medium Density Residential Code as it has a length of wall of 19 metres instead of the required 15 metres The proposal involves the utilisation of the existing building which has a length of 19 metres,  is well setback from the street frontage and well screened by existing vegetation. The area of non-compliance is considered minor, relates to the existing built form and is considered acceptable.
Condition 2 and 2A.
The applicant requests a change to condition 2 and suggest the inclusion of a new condition 2a to reflect the changes to the carparking and driveway layout as detailed below:
2. Provision of at least 7 off-street carparking spaces, comprising at least 5 covered spaces residents and 2 spaces for visitors
2A. A sealed access driveway must be provided from Church Street to Unit A. The works must include in particular driveway crossovers in accordance with IPWEAQ standard drawings RS-049 and RS050.
The existing carparking for the 3 units facing Church Lane is not altered and one additional carparking space in the form of a carport provided for the new unit. A visitor space is able to provided in tandem with this carpark and achieves compliance with carparking requirements.  The condition is recommended to be changed to reflect the new carparking numbers required for the site. The proposed carparking of 5 covered spaces and 2 visitor space complies which current scheme requirements which details for small dwellings 1 covered space for 2 bedroom units plus 1 visitor per 4 dwellings.
The proposal does not meet the requirements of the Driveways and Parking Code as it proposes an additional driveway cross over to Church Street. Councils Coordinator of Engineering raises no objection to the additional driveway cross over and recommends inclusion of new conditions relating to site lines and construction.
The applicant also seeks approval to amend the approval details to reflect the additional units approved for the site. The request is supported.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator Engineering
No objections were raised and conditions recommended to be included.

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. 51989.628.01 , to make a minor change to an existing approval for Multiple Dwelling (3 units) to include 1 additional unit situated at Emma Kingston Court, 2 Church St Pomona described as Lot  0 BUP 11021 and Lot 4 BUP 11021, Council on 23 March 2022 decided to:
A.	Approve the change.
B.     Amend the description of the development in the Decision Notice to read Material Change of Use for a Multiple Dwelling of 5 units.
C.	Amend condition 2 to read as follows:
2.     A minimum of 7 car parking spaces must be provided and marked on the site and made available and accessible at all times. The works must include in particular:
Two visitor parking spaces (one of which can be in tandem with proposed Unit A) within the total, which are clearly marked for that purpose and accessible at all times for visitor use.
Dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
D.	Include the following additional conditions:
Approved Plans – Additional unit
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
Sheet 1	-	Site Plan, prepared by Accolade Building Design	14/02/2022
Sheet 2	-	MWA Survey Plan, prepared by Accolade Building Design	14/02/2022
Sheet 3	-	Existing Floor Plan, prepared by Accolade Building Design	14/02/2022
Sheet 4	-	Proposed Floor  Plan, prepared by Accolade Building Design	14/02/2022
Sheet 5	-	Elevations prepared by Accolade Building Design	14.02.2022
Site Access and Driveways
A sealed access driveway must be provided from Church Street to the new carport for Unit A. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050 together with any associated addendum
minor pruning of the existing street trees to provide a clear path and suitable sight lines
Stormwater Drainage
Stormwater runoff from the new driveway and building additions must be controlled on site and connected to the existing stormwater drainage system. The stormwater runoff must not cause scour or damage to the subject site or any adjoining property.
Earthworks
All earthworks must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.

E.	New Advisory Notes.
ADVISORY NOTES:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian and vehicle access across the frontage of the site both during daily construction and after daily construction has ceased.

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