Minor Change Report 132006.2554.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	132006.2554.01
Development Approval	Detached House
Applicant	Marco D'Avino and Alessia Capriccioli
Request Received On	26 May 2022
Report Reviewed By	Patrick Murphy 11.08.2022
Decision Due Date	11 August 2022

PROPERTY DETAILS
Property Address	51 Tristania Dr Marcus Beach Qld 4573
RP Description	Lot 5 M 11113
Land Area	931m2
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Land Subject to Acid Sulfate Soils Above 5 metres AHD to 20 metres AHD Bushfire Hazard Overlay Potential Impact Buffer Coastal Protection Overlay Coastal Protection and Scenic Amenity Landslide Hazard Overlay Moderate Hazard Area
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for a Detached House to include internal changes, changes to the pool and the inclusion of a vergola structure at the rear of the house.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Basement Floor Plan

Figure 4 – Ground Floor Plan

Figure 5 – Upper Floor Plan

Figure 6 – East and West Elevations

Figure 7 – North and South Elevations

Figure 8 – 3D Render

background
A development approval for a Detached House was approved on 10 January 2007.
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 it will not change the use of the development;
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
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Coastal Communities Local Plan Code;
Low Density Housing Code;
Works Codes;
Coastal Protection Overlay Code;
Landslide Hazard Overlay Code.

The proposed minor change includes the following changes:
Sub-floor Level:
Alterations to the existing swimming pool to deepen the pool, and to construct a bench, wet edge and trough;
Construct a ground level deck over a portion of the pool adjacent to the southern boundary;
Expansion of the sub-floor area (partially below natural ground level), to construct an internal Lift, Corridor and Wine Celler, and alter the existing Store Room; and
Construction of a “Vergola” structure.
Ground floor Level:
Internal alterations to the internal stairs;
Internal alterations to the kitchen and creation of two (2) new powder rooms; and
Construction of an internal lift.
Upper floor Level:
Internal alterations to the Master Bedroom and Ensuite;
Addition of a Spa to the existing balcony;
Internal alterations to create an extra Bedroom; and
Construction of an internal lift.

Extensions to the current building footprint include a vergola structure at the rear of the dwelling house, the extension of the pool and pool deck, the inclusion of planter boxes on the front façade and screens on the front and side of the dwelling house. All other proposed building works are contained within the current building footprint.

The subject site is located in the Coastal Protection and Scenic Amenity Overlay. An existing retaining wall is located 8 metres from the rear property boundary. No proposed works will be extending beyond this retaining wall.

Existing site cover sits at 37% (bird’s eye view) and the proposed vergola structure at the rear of the dwelling house and planter boxes on the front façade will increase site cover to 39.9%, which complies with the site cover requirements as per the Low Density Residential Zone Code.

The dwelling house currently appears as two storeys as the area at the rear of the house under the ground floor deck does not extend under the upper storey. The proposed alterations to the dwelling will extend back within the sub-floor area in line with the upper storey and as such will appear as three storeys from the rear of the house. The building footprint and built form of the house will not change and as such is considered to comply.

The rear half of the dwelling house is located in a mapped moderate landslide hazard area. The applicant has provided a geotechnical report with the application which has assessed the proposed works as being low risk. The proposal complies with the Landslide Hazard Overlay Code and Acceptable Outcome AO22 of the Low Density Housing Code.

The proposed alterations to the existing dwelling house are compliant with all relevant codes and as such is recommended for approval.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer – comments and conditions included. Comments below.
The proposed development is essentially located within the existing building footprint. It is noted that the applicant (building certifier) has provided Council with a plan of an on-site drainage system that was constructed as part of the original residence. The system includes tanks and on infiltration trench located adjacent to the rear property boundary. The applicant has not indicated if there have been issues with the performance of the system and Council is not aware of any issues.
It is noted that the site was not mapped as being in a landslide hazard area in the 2006 Noosa Plan but the eastern half of the site is mapped in The Noosa Plan 2020 as being in a Moderate Landslide Hazard area.
The recently submitted Slope Stability Assessment includes the statement in section 4.5 which reads Subsurface disposal of stormwater, such as by an infiltration pit, must not be undertaken.
It is recommended that additional conditions be included for the retention of the on-site system and that an amended Slope Stability Assessment be submitted as part of the subsequent building permit.
The other existing conditions remain relevant and must be retained.

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. 132006.2554.01, to make a minor change to an existing approval for a Detached House situated at 51 Tristania Dr Marcus Beach Qld 4573 described as Lot 5 M 11113, Council on 10 August 2022 decided to:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
Approved Plans
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
SH-11	3	Proposed Sub-Floor Plan, prepared by Seachange Builders	Feb 2022
SH-12	3	Proposed Ground Floor Plan, prepared by Seachange Builders	Feb 2022
SH-13	3	Proposed Upper Floor Plan, prepared by Seachange Builders	Feb 2022
SH-14	3	Proposed Elevations, prepared by Seachange Builders	Feb 2022
SH-15	3	Proposed Elevations, prepared by Seachange Builders	Feb 2022
SH-17	3	Proposed Windows, prepared by Seachange Builders	Feb 2022

C.	Include the following additional conditions:
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. The stormwater system must be generally in accordance with drawing number 1777 prepared by Construction Hydraulic dated 20 July 2007.
The Slope Stability Assessment, Project No. 22134-001-Rev 0 prepared by Tectonic and it’s included recommendations, must be amended to acknowledge the on-site stormwater drainage system. The amended assessment must be submitted to the building certifier prior to the issue of the building permit.

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