132003.221152.7 Pre-request To Change To An Existing Approval For Material Change Of Use For A Dwelling At 12 Park Road, Noosa Heads

132003.221152.7 PRE-REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL CHANGE OF USE FOR A DWELLING AT 12 PARK ROAD, NOOSA HEADSDocument information

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/Application 132003.221152.7

Attachments	1.	Proposal plans

APPLICATION DETAILS
Applicant	G. Woolley C/ Max Barthow
Proposal	Pre-Request to Change to an Existing Approval
Properly Made Date	9 May 2018
Information Request Date	N/A
Information Response Date	N/A

PROPERTY DETAILS
Property Address	12 Park Rd Noosa Heads Qld 4567
RP Description	Lot 54 RP 52918
Land Area	794m2
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Detached Housing
Overlays	Natural Hazards Overlay – Landslide Hazard Natural Hazards Overlay – Medium Bushfire Hazard
Assessment Type	Change to Approval

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 12 June 2018 regarding Application No. 132003.221152.7 for a pre-request response to change a Development Permit for Material Change of Use for a dwelling house to include an expanded deck area at 12 Park Road, Noosa Heads and:
Agree to support the amendment of Condition 5 to read as follows:
The maximum gross floor area for all buildings and structures on the subject site is to be 198m2.
Agree to support the expanded deck area subject to the following additional Conditions 60 and 61 being included as follows:
Additional Conditions June 2018
Development undertaken in accordance with this approval must 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
CD 5.01	P1	Axonometric Site Plan, prepared by Tim Ditchfield Architects	31.01.2018
CD 2.02	P3	Upper Floor Plan, prepared by Tim Ditchfield Architects	15.01.2018
CD 3.01	P3	West Elevation, prepared by Tim Ditchfield Architects	14.01.2018
CD 4.01	P2	Section A-A, prepared by Tim Ditchfield Architects	15.01.2018
Minor pruning of the 3 x Lemon Aspen canopies in proximity to the deck extension works can be undertaken to facilitate the works. The pruning works must be under the supervision of a Level 5 Arborist and Council’s delegate and not result in the loss the foliage screening of the deck.
Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant has requested a pre-request response change to the existing dwelling at 12 Park Road, Noosa Heads.
The proposal seeks changes to the development approval for a detached house to include an addition to the existing upper level deck of the existing dwelling. The deck extension does not form part of the deck previously subject to an appeal.
The deck addition is to be constructed of materials that match the existing deck and will result in the decks width being increased from 1.70 metres to 2.91 metres.
The application is before Council as there was a previous Court appeal in relation to an earlier change application involving a deck.
Figure 1 shows an aerial view of the subject site.

Figure 1 - Subject site
Figure 2 below shows the deck’s location and Figures 3, 4 and 5 show construction details and elevations of the proposal. Notably, the proposed lift access walkway does not form part of this application and is being assessed under a separate application.

Figure 2 – Location of deck extension

Figure 3 – Details of deck extension

Figure 4 – Western elevation of deck extension

Figure 5 – Northern elevation of deck extension
site details
Background
The Planning Scheme limits dwelling houses on 6 – 14 Park Road to a maximum gross floor area of 150m². This maximises the retention of vegetation on Noosa Hill and maintains a green back drop to Noosa Main Beach.
On 29 October 2004 Council issued an approval for a dwelling. The following changes to the approval have been issued:
9 October 2006 - allowed a tree to be removed
9 August 2006 - permitted the sewer and stormwater lines to discharge to Park Road rather than to Allambi Rise
27 September 2007 - approved a 50m² extension to the dwelling bringing the total gross floor area to 198m2.
6 September 2017 – approved retaining wall and unroofed deck. Following Council’s decision, an appeal was lodged with the Planning and Environment Court on 20 September 2016 by the applicant. The matter was latter resolved between the parties and confirmed by Judgment of the Planning and Environment Court on 1 November 2011 with the deck setback 1 metre from the front boundary.
In April 2018 Council officers became aware that works for the lift access walkway had commenced at the site without a planning approval. The works relate to piling for an underground tunnel to access a proposed lift shaft. These works are subject to a separate application.
Site Description
The site contains an existing dwelling nestled amongst the vegetated steeply sloping lot (approx. 30% slope). Vehicle access is from 9 Allambi Rise via an access easement.
Surrounding Land Uses
Immediately to the north is a detached dwelling accessed from Allambi Rise. Further to the north with frontage to Park Road are units that are considerably elevated above Park Road and accessed from an Allambi Rise ‘service’ road.
Immediately to the south is a detached dwelling owned by the applicant. This dwelling has direct vehicle access to Park Road from a basement garage which is within the Park Road setback area. Further to the south are detached dwellings, unit blocks and mixed uses fronting Hastings Street.
To the west across Park Road is Noosa Main Beach and units fronting the beach.
STATUTORY PROCESS
The applicant has requested a pre-request response 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 change would not result in substantially different development as the use remains the same as that approved and the scale and bulk of the development remains generally consistent with the current approval. There are no new uses proposed that would create different or additional impacts; 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 mattes prescribed by regulation; and
the proposed changes do not vary the level of assessment;
assessment
The applicable planning instruments that Council must have regard to are:
State Planning Regulatory Provisions;
State Planning Policies; and
2006 Noosa Plan.
The most recent amendment was considered consistent with the higher order State Regulatory Provisions and Planning Policies. The proposed design modifications will not substantially change the existing approval and are still consistent with the higher order provisions.
The primary issue which requires consideration relates to Condition 5 of the existing approval and the potential for the proposed development to impact adversely on the treed backdrop to main beach. The proposed impact on existing vegetation is the critical element requiring assessment.
Under the original approval for the dwelling, the Noosa Hill Development Control Plan limited the building to a maximum gross floor area of 150m2. This requirement did not carry over to the Detached House Code of the Noosa Plan initially, with the Noosa Plan instead including a site cover limit of 150m2. These provisions in the Noosa Plan were amended at some point to again include a maximum gross floor area requirement of 150m2.
The existing dwelling house has a site cover in excess of 200m2 and a gross floor area of 198m2 as the house was enclosed partly underneath when the maximum site cover provisions applied.
Condition 5 currently reads:
5.	The maximum site cover for all buildings and structures on the subject site is to be 150m2.
The current amendment will increase the site cover of the development by an additional 10m2.
The proposal complies with the current Noosa Plan requirements with regards to site cover, however does not comply with the existing condition limiting the development to 150m2 of site cover.
Specific Outcome 11 of the Detached House Code of the Noosa Plan relates to site cover and states:
The site cover of buildings and other roofed structures—
a)	is of a scale that is compatible with surrounding development;
b) 	does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site;
c) 	maximises the retention of existing vegetation and allows for soft landscaping between buildings;
d) 	allows for adequate area at ground level for outdoor recreation, entertainment, clothes drying and other site facilities; and
e)	 facilitates on-site stormwater management and vehicular access.
Specific Outcome 13 of the Detached House Code of the Noosa Plan relates to Gross Floor Area and states:
The gross floor area and bulk and scale of buildings and other roofed structures—
a)	has a low site impact to maximise the opportunity to retain natural site characteristics such as native vegetation and natural landforms; and
b) 	maintains the safety of people and property from the risk of landslide and bushfire
The proposed development accords with Specific Outcomes 11 and 13 as:
The proposed increased deck area will not present an appearance of bulk to adjacent properties and other areas;
Limited pruning is required to existing vegetation adjacent to the deck and this vegetation is screened by additional vegetation to the front of the site;
The development will remain consistent with surrounding development.
The impact of the proposed development on existing vegetation has been reviewed by Council’s Environment Officer who advises:
Minor canopy pruning of three planted Acronychia trees (Lemon Aspen) will be required to enable the construction and use of the proposed deck extension. It is considered the pruning works will not impact on the health of the trees and their contribution to the screening of the works will not be impacted upon. Suitable conditions can be applied to ensure the proposed works do not cause undue damage to the trees.
The following images details the vegetation adjacent to the existing deck and the view towards the subject site from main beach Noosa Heads:

Figure 6 – Northern elevation of deck extension

Figure 7 – View towards subject site from Main Beach Noosa Heads
cONSULTATION
Referral Agencies
The application was not required to be referred to any Referral Agencies.
Other Referrals
The application was forwarded to the following internal Council officer:
Environment Officer
conclusion & REASONS FOR DECISION
The application seeks a pre-request response to make changes to the form of the development with an existing upper level deck being extended. The proposed changes are minor and the development remains generally consistent with the existing approval. No concerns are raised with respect to the deck’s impact on existing vegetation on site. The application identifies conflict between a condition of the existing approval and the Noosa Plan. It is recommended that this condition be amended to reflect the approved gross floor area of the existing dwelling.
It is therefore recommended that Council support the proposed changes to the Court order.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	x	Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 JUNE 2018

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