Minor Change Report 51987.2922.01

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

APPLICATION DETAILS
Application No.	51987.2922.01
Development Approval	Town Planning Consent for Multiple Dwelling Units (x13)
Applicant	Robyn Emma-Kate Roberts and Robert Leonard James
Request Received On	30 September 2021
Report Reviewed By	Patrick Murphy
Decision Due Date	29 October 2021

PROPERTY DETAILS
Property Address	Picture Point Terraces 1/47 Picture Point Cres Noosa Heads Picture Point Terraces 47 Picture Point Cres Noosa Heads
RP Description	BUP 9758 Lot 1 BUP 9758
Land Area	1,666m2
Existing Use of Land	Multiple Dwelling Units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	High Density Residential Zone
Precinct	Not applicable
Local Area Plan	Noosa Heads Local Plan
Overlays	Land Subject to Acid Sulfate Soils Above 5 metres AHD to 20 metres AHD Biodiversity, Waterways and Wetlands Overlay Area Subject to Biodiversity Overlay Bushfire Hazard Overlay Medium Potential Bushfire Intensity Potential Impact Buffer Landslide Hazard Overlay High Hazard Area Moderate Hazard Area
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to replace a retractable shade structure with an opening roof on the terrace of Unit 1. Body Corporate approval has been given for the proposal.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Aerial View of Unit 1

Figure 3 – Site Plan

Figure 4 – Roof Plan

Figure 5 – Northern Elevation

Figure 6 – Western Elevation

background
A development approval (TPC 1947) for a multiple dwelling (13 units) was issued on 15 December 1987.
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.
The following codes from the Noosa Plan 2020 are applicable to this development:
High Density Residential Zone Code;
Noosa Heads Local Plan Code;
Works Codes;
Landslide Hazard Overlay Code.

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 works will not substantially change the built form of Unit 1 and will be minor in nature;
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 original planning approval was assessed under the superseded 1985 planning scheme. Under the original planning approval, the multiple dwelling was approved for 8 levels. The current planning scheme allows for buildings up to 12 metres in the High Density Residential Zone.

Applicant’s Request
The applicant proposes the construction of a patio roof over the existing deck on Unit 1. The patio roof will be an extension of an existing small patio roof and replace an existing retractable awning.
Assessment of Request
The unit currently has a small patio roof on the western side of the deck that protrudes out approximately 3 metres x 2.7 metres. A retractable awning is in place that spans from the edge of the small patio roof to the western edge of the patio. The new opening roof will replace the retractable awning as a permanent roof structure. It is considered that the new patio roof will not significantly change the built form of the unit.
The proposed patio roof will be visible from the units above but do not impact on sight lines and does not decrease the amenity of the area as it will have the same impact as the current retractable awning when fully opened. As the new patio roof will be glass, it will not increase the bulk of the building.
The proposal does not result in additional site over, plot ratio or an additional story.
It is recommended a new condition be added to the development approval to allow the construction of a new roof on the patio of Unit 1.

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. 51987.2922.01, to make a minor change to an existing approval for a Multiple Dwelling (13 Units) situated at Picture Point Terraces 1/47 Picture Point Cres Noosa Heads Qld 4567 Picture Point Terraces 47 Picture Point Cres Noosa Heads Qld 4567 described as Lot BUP 9758, Lot 1 BUP 9758, Council on 15 December 2021 decided to:
A.	Approve the change.
B.	Include the following additional condition 23:
Additional conditions – 15 December 2021
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
WD-01	A	Site Plan, prepared by Eclipse Patios & Extensions	10/09/2021
WD-02	A	Floor Plan, prepared by Eclipse Patios & Extensions	10/09/2021
WD-03	A	Elevations, Sections & Details, prepared by Eclipse Patios & Extensions	10/09/2021

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EXISTING RESDENCE
‘PROPOSED NEW ECLIPSE OPENING ROOF

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‘PROPOSED NEW ECLIPSE OPENING ROOF
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RESIDENCE
ELEVATION