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Minor Change Report MCU21 0171 01 [As Published] · MCU21/0171.01
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Senior Development Planner, Andrew Gaffney
Development Assessment
APPLICATION DETAILS
Application No. MCU21/0171.01
Development Approval MCU21/0171
Applicant Nicholas Christian Jorss and Katherine Jorss
Request Received On 3 May 2024
Report Reviewed By G.Schramm 3.03.2025
Decision Due Date 23 February 2025
PROPERTY DETAILS
Property Address 34 Plover St Peregian Beach Qld 4573
RP Description Lot 10 P 9313
Land Area 505m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Area Plan Not applicable
Overlays Land Subject to Acid Sulfate Soils Overlay
- Above 5 metres AHD to 20 metres AHD
Bushfire Hazard
- Potential Impact Buffer
Coastal Protection Overlay
- Coastal Protection and Scenic Amenity
Landslide Hazard Overlay
Moderate Hazard Area
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Assessment Type Minor Change to Development Approval
1. PROPOSAL
The applicant seeks approval to change an existing development approval for a Dwelling house,
to amend internal configurations and the external design aesthetic involving:
- a side setback variation is sought along the northern elevation;
- a modified architectural typology and design for the dwelling house which alters the approved
plans and elevations; and
- a rooftop deck has been introduced at the rear of the dwelling (see Figures 2 -7).
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
Figure 3 – Basement Floor Plan
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Figure 4 – Ground Floor Plan
Figure 5 – First Floor Plan
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Figure 6 – Roof Plan
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Figure 6 – Elevations
2. BACKGROUND
A development approval for Material Change of use for a Dwelling House was approved on 31
March 2022.
The applicant made representations about the decision and a Negotiated decision notice was
approved on 9 June 2022.
3. ASSESSMENT
3.1. 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.
3.2. 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 use of the
site for a Dwelling house remains the same;
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• 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.
3.3. Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Low Density Housing Code; and
• Scenic Amenity and Coastal Protection Overlay Code.
Side Setbacks
Acceptable Outcome AO9.3 of the Low Density Residential Zone Code states:
AO9.3 Buildings and structures meet the following minimum setbacks to boundaries other than
road frontages and rear boundaries:
a. 1.5 metre setback up to 4.5 metres height;
b. 2 metres setback between 4.5 metres and 7.5 metres height; and
c. 2.5 metres if above 7.5 metres height.
The applicant is proposing 1.5 metre setback to the northern side boundary and as such does
not comply with AO9.3 of the Low Density Residential Zone Code. The proposal is therefore
required to comply with corresponding Performance Outcome PO9 of the Low Density Residential
Zone Code, which states:
PO9 Buildings and structures are designed and sited to:
d. provide a high level of amenity to users of the subject site and adjoining premises,
including provision of visual and acoustic privacy and access to sunlight;
e. not unreasonably obstruct views or cause overlooking of private open space or
habitable areas of adjoining premises;
f. provide adequate distance from adjoining land uses;
g. preserve existing vegetation that will help buffer development;
h. allow for space and landscaping to be provided between buildings including
adequate area at ground level for landscaping with trees, shrubs and outdoor living;
i. be consistent with the predominant character of the streetscape; and
j. protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
Side Setbacks
The applicant requests a northern side boundary setback of 1.5 metres for the full height of the
northern façade of the dwelling.
The Approved Plans dated 9 June 2022 allowed for a northern side boundary setback of 1.86
metres. The applicant submits the reduced side boundary setback to 1.5 metres is acceptable for
the following reasons;
1. A high level of amenity is maintained to the proposed dwelling and adjoining premises as a result
of the side setback. The dwelling is a high quality built form that achieves substantial compliance
with the relevant design criteria.
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2. The proposed side setback does not impact or obstruct views of adjoining premises, nor does it
cause overlooking into adjoining private open space. There will be a high degree of separation
between the house and adjoining neighbour to the north to ensure no view obstruction or
overlooking.
3. There will be ample distance between the proposed dwelling and the dwelling to the north. The
adjacent linear reserve affords an additional 3.6 metres of separation between the dwelling and
the dwelling to the north on 36 Plover. Combined with the 1 metre side setback provided, an overall
setback to the adjoining side boundary of 4.6 metres is achieved. This is significantly more
separation than the usual side setback requirement of 2 metres. In addition, the proposed dwelling
design along the northern elevation has a large break in built form as a result of the internal
courtyard. Below is an aerial plan showing the separation to the dwelling to the north and an extract
from the proposal plan showing the break in built form along the northern dwelling façade.
Figure 7 - Yellow shade indicates the northern side elevation set back at 1.5 metres (in lieu of
2.0 metres) and more than 4.5 metres in height from ground level.
Blue dotted line indicates the profile of the existing approved dwelling house.
Assessment
It is noted that the northern side boundary is adjacent to a 3.5 metre wide Council stormwater
easement however the proposed 1.5 metre building setback results in greater non-compliance for
the uppermost portion of the front bedroom, which is required to be setback 2.5 metres above 7.5
metres height.
The request for a reduction in the approved set back from 1.86 to 1.5 metres it not supported and
is more appropriately setback at the approved 1.8 metres distance to enable sufficient widths at
ground level for landscaping and a more appropriate setback at the upper level which was in
accordance with the most recent decision. Further, as part of this request the applicant has
requested the inclusion of a roof top terrace at the northeastern corner of the roof. Reinstatement
of the setback to 1.8 metres will also assist with providing a more appropriate northern side
setback. Amended plans and elevations can be conditioned to address the change in side setback.
Acceptable Outcomes AO16.2 & AO16.3 of the Low Density Residential Zone Code states:
AO16.2 The total width of any parapet wall does not exceed 50% of the width of the front facade
of a building.
AO16.3 Development does not include rooftop terraces.
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The applicant is proposing a roof top terrace and as such does not comply with AO16.3 of the
Low Density Residential Zone Code and AO7.2 of the Coastal communities local plan code.
The proposed development also includes a parapet wall which exceeds 50% of the width of the
frontage of the building and therefore does not comply with AO 16.2.
The proposal is therefore required to comply with corresponding Performance Outcome
PO16 of the Low Density Residential Zone Code, which states:
PO16 Roof designs:
a. contribute positively to the character of the streetscape;
b. incorporate eaves and roof overhangs;
c. avoid boxy elevations on the front facade of the building;
d. do not present an appearance of excessive bulk to the street or neighbouring
properties;
e. do not create opportunities for residents or building users to overlook the private open
space or view into habitable windows or doors of neighbouring properties.
Assessment
The location of the roof top terrace is towards the northeastern corner of the roof and will not be
visible from the street. Similarly access to the rooftop terrace will be from internal stairs only.
Council’s information request required the Applicant to prepare an analysis of the location of the
roof deck and neighbouring private open spaces and habitable rooms.
The applicant submits that the proposed roof deck provides sufficient separation distances to
ensure that no overlooking can occur. Upon review of the location of the roof deck (and a recent
site inspection) a 1.0 metre setback from the northern building facade still raises concerns that a
degree of overlooking may occur to neighbouring properties especially when standing at the roof
level.
It is appropriate to condition amended plans to ensure that the useable area of the rooftop terrace
deck is repositioned further south and away from the northern edge of the dwelling and that the
terrace incorporates a 1.7 metre screen to the to ensure future uses of the terrace level will have
restricted views and limited opportunity to overlook adjoining properties.
Design – PO7 and AO7.1 and AO7.2 of the Coastal Communities local plan code
The Coastal communities local plan code support buildings and structures which are consistent
with the ‘beachside character’ of the local plan. Relevant acceptable outcomes support visible roof
forms which are not concealed behind parapets and do not contain rooftop terraces. Colour
schemes should include understated colours with low reflective roofing and cladding materials.
Assessment
The roof form is not considered to be concealed behind a parapet as the roof form parallel to the
street is a flat / horizontal roof form. The upper level verandah façade is similar to many other
existing roof forms in the street.
PO7
Buildings, structures and landscaping are consistent with and reflect the beachside character of the local plan area in
terms of form, composition and use of materials.
When assessed against PO7, the proposed development complies as the building form and front
elevation will be consistent with the beachside character of the locality and use of contemporary
building materials.
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Condition 2
Approved Plans
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
DD 1.1 F Site Plan, prepared by Sparks Architects 24.05.22
DD 1.2 F Basement Floor Plan, prepared by Sparks 24.05.22
Architects
DD 1.3 E Ground Floor Plan, prepared by Sparks 24.05.22
Architects
DD 1.4 E First Floor Plan, prepared by Sparks 24.05.22
Architects
DD 1.5 F Roof Plan, prepared by Sparks Architects 24.05.22
DD 2.1 E North Elevation, prepared by Sparks 24.05.22
Architects
DD 2.2 E East Elevation, prepared by Sparks 24.05.22
Architects
DD 2.3 E South Elevation, prepared by Sparks 24.05.22
Architects
DD 2.4 E West Elevation, prepared by Sparks 24.05.22
Architects
DD 3.1 E Section A, prepared by Sparks Architects 24.05.22
DD 3.2 F Section B, prepared by Sparks Architects 24.05.22
DD 3.3 E Section C, prepared by Sparks Architects 24.05.22
DD 3.4 E Section D, prepared by Sparks Architects 24.05.22
Applicant’s Request
As part of this request the updated design has been undertaken by a different architect.
Therefore the updated design requires the replacement of all of the approved plans relevant to the
approval.
Assessment of Request
A number of the plans and elevations require minor amendments and alterations which can be
considered via amended plans. It is recommended that condition 2 be amended to include the
updated documents.
General
The Applicant has not requested to amend any other conditions i.e., Conditions 18 & 28 which
refer to specialist reports.
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4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. 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. MCU21/0171.01, to make a minor change to an existing approval
for MCU21/0171(Dwelling House) situated at 34 Plover St Peregian Beach Qld 4573 described as
Lot 10 P 9313, Council on 3 March 2025 decided to:
A. Approve the change.
B. Amend condition 2 to read as follows:
Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Building Works*
Plan No. Rev. Plan/Document Name Date
- - - -
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
0100 C Site Plan, prepared by Blok Architects 30.08.2024
1000 E Ground Floor Plan, prepared by Blok 30.08.2024
Architects
1001 C Street Level Floor Plan, prepared by Blok 30.08.2024
Architects
1002 C First Floor Plan, prepared by Blok Architects 30.08.2024
1003 C Roof Plan, prepared by Blok Architects 30.08.2024
3000 C Street and West Elevation, prepared by 30.08.2024
Blok Architects
3001 E North Elevation, prepared by Blok 30.08.2024
Architects
3002 C South Elevation, prepared by Blok 30.08.2024
Architects
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4000 D East West Section, prepared by Blok 30.08.2024
Architects
Amendments Provide revised plans detailing a northern side boundary setback of
1.8 metres.
Provide revised plans to widen the “roof deck” planter box to a
minimum 1.5 metres along the northern elevation, as depicted below.
The useable floor area of the roof top terrace is not approved within
1.5 metres of the northern façade (aside for pedestrian access).
The southern and western sides of the “roof deck” shall include a
privacy screen for the full length of the southern edge of the deck
area no less than 1.7 metres in height from the floor of the terrace to
ensure privacy and overlooking is managed and minimised.
The screen wall is not to exceed 8.0 metres above natural ground
level. Below red linework.
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