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Minor Change Report 51901 4174 01 · 51901.4174.01

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



                    APPLICATION DETAILS

                    Application No.                 51901.4174.01

                    Development Approval            TPC 780 – Multiple Dwelling (5 Units)

                    Applicant                       Brian Thomas Hunter and Susan Dawn Harris Hunter

                    Request Received On             6 March 2023

                    Report Reviewed By              Nadine Gorton 1.08.2023


                    PROPERTY DETAILS

                    Property Address                Laguna Vista 1/95 Noosa Pde Noosa Heads Qld 4567

                    RP Description                  BUP 3778, Lot 1 BUP 3778

                    Land Area                       738.85m2

                    Existing Use of Land            Multiple Dwelling (5 units)


                    STATUTORY DETAILS

                    SEQRP Designation               Urban Footprint

                    Zone                            High Density Residential Zone

                    Precinct                        Not applicable

                    Local Area Plan                 Noosa Heads Local Area

                    Overlays                        Land Subject to Acid Sulfate Soils Overlay
                                                       • 5 metres AHD or Below (Area 1)
                                                    Flood Hazard Overlay

                    Assessment Type                 Minor Change to Town Planning Consent Permit



               1.      PROPOSAL
               The applicant seeks approval to change an existing town planning consent to include an opening
               patio roof in the existing private open space area of Unit 1.
               The locality and proposal plan are included below.


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Document Set ID: 22355671
Version: 8, Version Date: 08/11/2023
Full text of the other 4 pages

Page 2

                                       Figure 1 – Locality




                                       Figure 2 – Site Plan




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Document Set ID: 22355671
Version: 8, Version Date: 08/11/2023

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                                                     Figure 3 – Roof Plan




                                                     Figure 4 – Elevations

               2.     BACKGROUND
               A town planning consent for a Multiple Dwelling (5 units) was approved on 22 March 1979.
               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.




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Document Set ID: 22355671
Version: 8, Version Date: 08/11/2023

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               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 proposed
                      change will not alter the use of the approval and will not increase the scale of the
                      development.
               •      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:
               •      High Density Residential Zone Code;
               •      Noosa Heads Local Plan Code;
               •      Dual Occupancy and Multiple Dwelling Code.
               The applicant proposes a new irregularly shaped opening patio roof over the existing patio area of
               unit 1. The proposed patio roof will be 23.65m2 and has a height of 3 metres. The patio is to be
               setback 2.7 metres from both the northern and western boundaries.
               The proposed change does not increase the plot ratio of the development given the structure is to
               remain unenclosed.
               The old scheme in place at the time of the original approval allowed a maximum site cover of 35%,
               and the Noosa Plan 2020 allows a total site cover of 40%. The original application approved a site
               cover of 34.5% (255m2) and as such the existing development is under the allowable site cover
               under the both the old planning scheme and the Noosa Plan 2020. The proposed opening patio
               roof will increase site cover to 37.7%, which is under the allowable 40%.
               The proposed change is recommended for approval.


               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. 51901.4174.01, to make a minor change to an existing approval for
               TPC 780 Multiple Dwelling (5 units) situated at Laguna Vista 1/95 Noosa Pde Noosa Heads Qld
               4567 described as Lot 1 BUP 3778, Council on 1 August 2023 decided to:

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Document Set ID: 22355671
Version: 8, Version Date: 08/11/2023

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               A.     Approve the change.
               B.     Include the following additional conditions:
                      Approved Plans
               15.    Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                         Plan No.            Rev.   Plan/Document Name                         Date

                         WD-01               A      Site Plan, prepared by Tony James Building 19/01/2023
                                                    Design

                         WD-01               A      Floor Plan, Elevations, Sections & Details, 19/01/2023
                                                    prepared by Tony James Building Design




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Document Set ID: 22355671
Version: 8, Version Date: 08/11/2023

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