2018-06-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   12 JUNE 2018


   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.
2.2. 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.
2.3. 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.
3.   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;
4.   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.



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