Minor Change Report 172007.785.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	172007.785.01
Development Approval	Preliminary Building Work Assessable Against the Planning Scheme for alterations and additions to a detached house.
Applicant	Andrea McTamaney
Request Received On	9 October 2018

PROPERTY DETAILS
Property Address	17 The Esplanade Sunshine Beach
RP Description	Lot 678 RP 48111
Land Area	505m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern beaches
Zone	Detached Housing
Overlays	Natural Hazards Overlay – Coastal Protection
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to retrospectively approve a portion of roof that was found to exceed the required 8m building height. The building height is 8.3m.
background
A development approval for Preliminary Building Works for alterations and additions to a detached house was issued on 8 June 2007.
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;
The Noosa Plan.
The Detached House Code from the Noosa Plan is applicable to this development:
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 proposal is for a small portion of the roof exceeding 8m above the NGL;
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;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
There are no changes to the Noosa Plan that would affect the same application if it were remade today.
Condition 1 – Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled and numbered New Ground Floor & Site Plan, SK.203; New First and Upper Floor Plans, SK.204; Elevations, SK.501; Sections, SK.601 prepared by Kidd and Co Designers and dated March 2007 and as may be amended by these conditions.
Applicant’s Request
The applicant seeks changes to the approved plans as the building ‘as constructed’ exceeds the 8m building height indicated on the approved plans and of The Noosa Plan.
The applicant provides the following justification for the height exceedance:

Figure 1 - Applicants justification of additional height.
Assessment of Request
A small portion of the roof ridge is 8.3m above the NGL as shown in Figure 2 below.

Figure 2 - The red cloud area shows the protrusion through the 8m.
The encroachment of 300mm is centrally located, is a small portion of roof, is unlikely to impede views and there have been no complaints in this regard. The application is recommended to be supported.

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. 172007.785.01, to make a minor change to an existing approval for alterations and additions situated at 17 The Esplanade Sunshine Beach Qld 4567  described as Lot 678 RP 48111, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
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
SK 203		New Ground Floor & Site Plan, prepared by Kidd and Co	March 2007
SK 204		New First and Upper Floor Plans, prepared by Kidd and Co	March 2007
WD.501	C4	Elevations, prepared by Kidd and Co	March 2007
WD.601	C4	Sections, A,B,C,D, prepared by Kidd and Co	March 2007

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This building was constructed in December 2008 but the builder failed to obtain a final building
approval from the private certifiers.

The house is currently under contract to sell and council searches showed that the final building
approval was not obtained.

We therefore contact the original builder to find out that his company has gone into liquidation and
his records were not available.

We then engage a surveyor to carry out a height check and obtain a form 15 from the surveyor to
complete the approval to find that the building is approx. 300mm over the 8 mt height.

On researching our drawing records, we noted the original section drawings had the upper level roof
pitched at 7 degrees ...but by super imposing the new ridge RL indicated that the builder had pitched
the roof at 10 degrees which resulted in the roof going over the 8meter height by 300mm,without
consultation to either the clients nor us the building designers..

We therefore seek council’s approval to change the existing approval to increase the building height
as constructed and finalise this matter.