Minor Change Report MCU19 0024.01

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

APPLICATION DETAILS
Application No.	MCU19/0024.01 and OPW19/0049
Development Approval	Material Change of Use - Multiple Housing Type 2 Duplex and Operational Works – Drainage, stormwater, carparking and access
Applicant	June Catherine Blonk, Peter Andrew Blonk and Body Corp - Watersedge on Weyba CMS 54380
Request Received On	16 February 2022
Report Reviewed By	Lisa Pienaar
Decision Due Date	20.04.2022

PROPERTY DETAILS
Property Address	Watersedge On Weyba 1/239 Weyba Rd Noosaville Qld 4566
RP Description	SP 300169, Lot 1 SP 300169
Land Area	807.31m2 (entire site)
Existing Use of Land	Dual Occupancy

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Area Plan	Noosaville Local Plan
Overlays	Acid Sulfate Soils Flood Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change existing development approval MCU19/0024 and OPW 19/0049 which approved a Multiple Dwelling - Type 2 Duplex on the site. The units have been constructed and the current owners of Unit 1 seek to amend the approved plans and construct a 5.5m x 2.6m pergola in the rear courtyard. The pergola is located 2.85m from the rear boundary and has a height of 2.72m above the ground. The area where the pergola is proposed has been paved.
Body Corporate approval for the works have been provided as part of the application package.
The locality and proposal plans are included below.
Figure 1 – Locality

Figure 2 – Photograph of Pergola location

Figure 3- Site Plan

Figure 4 – Elevation

background
A development approval for a Multiple Housing Type 2 duplex was approved on 20th June 2019 under MCU19/0024 and OPW19/0049. The approved plans detailed landscaping and the provision of two pools at the rear of the site.
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 pergola does not change the use or built form;
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:
Medium Density Residential Zone Code;
Noosaville Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
Acid Sulfate Soils Overlay Code;
Flood Hazard Overlay Code.
Site Cover
The proposed pergola is not roofed and is considered to be a landscape structure under the Noosa Plan and does not contribute to site cover.
Setbacks
The original application was approved under the now superseded 2006 Noosa Plan. Under this Plan, buildings and structures were required to be setback 6 metres from the rear boundary to ensure development provided separation and landscaping between sites. It is noted that the Noosa Plan 2020 also requires a 6 metre landscaped rear setback.
The proposed pergola is located 2.85 metres from the rear boundary and 900mm from the internal  boundary. the applicant submits the following in support of the reduced setback:
the pergola would provide a high level of amenity for the users of the subject site in that:
the pergola will provide for small 5.5m x 2.6 structure to provide additional shading to the pool area for the occupants of Unit 1;
the pergola would enhance liveability of the dwelling and promote outdoor living; and o it would better respond to Noosa Shire’s subtropical climate and improve the passive design of Unit 1 by improving shade opportunities in the landscaped open space area;
the pergola is a low profile, open and lightweight structure and would maintain visual and acoustic privacy for adjoining residents and not unreasonably obstruct views in that:
the pergola is a very small and modest structure;
the pergola is positioned in centrally along the rear boundary of the site at ground level and would not cause overlooking opportunities on rear duplex development at 6 Nannygai Street;
the pergola has a low height of 2.72m and a vegetation screen will be maintained to the adjoining property at 6 Nannygai Street and consequently it will not be visually perceivable;
the pergola will maintain an adequate separation from the dual occupancy at 6 Nannygai Street for the reasons mentioned above;
a 2.85m landscape strip will be maintained to the rear boundary which includes a row of Syzygium australe and will visually obscure the pergola from the rear neighbour; and
the proposed pergola will not be visible from the street frontage and will be consistent with the predominant character of the area which includes a dual occupancy adjoining the rear boundary at 6 Nannygai Street that provide a 2m setback from the common boundary.
The applicants submission is supported and the proposed pergola is considered to have minimal impacts to the surrounding area as it is consistent with the built form and appropriate for the landscaped area.
Landscaped Open Space
The proposed pergola introduces a landscape structure into the rear setback area and combined with the additional paving reduces the amount of soft landscaping on site from 193.56m2 to 179.2m2. The reduced soft landscaping area still complies with the 2006 Planning Scheme requirements of 158.4m2, however does not meet AO10.1 of the Dual Occupancy and Multiple Dwelling Code of the 2020 Noosa Plan. The applicant submits the following assessment against PO10 Performance Outcome:
it will enhance the liveability of the open space area by providing shading to the pool area and promoting outdoor living;
the pergola is a small, low profile, open and lightweight structure that contributes to the landscape setting and character of the private open space area;
it is positioned on an area that is currently turfed and will maintain the trees along the rear boundary of the site;
privacy will be maintained between uses as it will not cause any overlooking opportunities and will maintain a vegetated buffer that will ensure the structure is not visually perceivable from the dual occupancy that adjoins the rear boundary; and
it will not interfere with landscaping associated with car parking and manoeuvring areas.
The applicants submission is supported and the proposed pergola is not considered to negatively impact on the surrounding area and appropriate landscaped open space suitable for the development is still provided on site.

CONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
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. MCU19/0024.01, to make a minor change to an existing approval for Multiple Housing Type 2 Duplex  situated at Watersedge On Weyba 1/239 Weyba Rd Noosaville  described as Lot 0 on SP 300169 and Lot 1 SP 300169, Council on 23rd March 2022 decided to:
A.	Approve the change.
B.	Amend condition 2 to read as follows:
2. 	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
02	9	Site Plan, drawn by Aaron Waters As annotated by Council	13/05/2019
03	9	Ground Floor Plan, drawn by Aaron Waters	13/05/2019
04	9	First Floor Plan, drawn by Aaron Waters	13/05/2019
05	9	Elevations, drawn by Aaron Waters As annotated by Council	13/05/2019
06	9	Elevations, drawn by Aaron Waters	13/05/2019
07	9	Sections, drawn by Aaron Waters	13/05/2019
P01	9	Street View Perspective, drawn by Aaron Waters	13/05/2019
P02	9	Rear View Perspective, drawn by Aaron Waters	13/05/2019
SK100	N/A	Ground Floor – Pergola - prepared by Peter Hull Architect	20.09.2021
SK101	N/A	Pergola Plan – Pergola - prepared by Peter Hull Architect	14.09.2021
SK200	N/A	Section – Pergola - prepared by Peter Hull Architect	14.09.2021
SK201	N/A	Section – Pergola - prepared by Peter Hull Architect	14.09.2021
SK104	N/A	Landscape Plan – Pergola  prepared by Peter Hull Architect	4.03.2022

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