Minor Change Report MCU14 0098.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU14/0098.02
Development Approval	Material Change of Use of Premises - Detached House and shed (Biodiversity)
Applicant	James Edward Smith and Jasmine Alexandra Smith
Request Received On	6 June 2022
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	6 Figbird Ct Lake Macdonald Qld 4563
RP Description	Lot 7 SP 158846
Land Area	1.164ha
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Biodiversity, Waterways and Wetlands Bushfire (High)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change  an existing development approval Material Change of Use of Premises - Detached House and shed (Biodiversity).
The proposed minor change application seeks approval for a smaller house and shed design that is consolidated in a position in the vicinity of the approved pool and shed in the rear portion of the site. The proposed dwelling would be single storey design that comprises 3 bedrooms, a bathroom and open planned kitchen, living dining area. A shed would be located adjacent to the dwelling and has dimensions of 10m x 12m and a 2.9m x 10m mezzanine level. No addition clearing is needed to establish the proposed dwelling and shed.
The applicant was required to demonstrate the proposal complied with the Koala regulation and the evidence that is does was submitted 16 August 2022.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
background
A development approval for a Material Change of Use of Premises - Detached House and shed was approved 20 April 2015.
An extension to currency period was issued 2019 extending the currency period expiring 20 April 2023.
On 15 February 2022, a building approval was issued for a shed to be constructed on the premises in accordance with the Material Change of Use application.
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; and
The Noosa Plan 2020.
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 it relates to an existing and approved use;
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.
Statutory Instruments – Planning Scheme
The application was approved for a house, shed and pool that allowed for clearing in the Biodiversity overlay area.  Refer Figure 5. The clearing has occurred in accordance with this approval.  However, the applicant has indicated there is no intention to proceed with this approval by submitting a change to the existing approval. The applicant has submitted an amended site plan with a combined dwelling and shed, consolidating buildings on site. No pool is proposed.

Figure 5 – approved site plan
The applicant has provided a Bushfire Hazard assessment report and assessment against the Koala regulation and is found to comply with the requirements.
Condition 2
Approved Plans
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
085-01		Site Plan, prepared by Jasmine Smith	2 September 2014

Applicant’s Request
The applicant has provided a new site plan and elevations that show siting and the proposed dwelling/shed.  These plans will supersede that originally approved and Condition 2 is amended accordingly.

Condition 5
Vegetation Clearing
Existing trees on the site and within road reserves must be retained, except where required to be removed to accommodate the approved dwelling and shed.  In this regard, the removal of vegetation:
must not extend beyond 10 metres of the dwelling, pool and shed.
the removal of shrubs, small trees (those with a trunk diameter no greater than 150mm) and leaf litter is permitted but must not extend beyond 20m from the dwelling and shed.
It is determined that Condition 5 requires amending as it refers to a pool that is no longer relevant to the minor change request.  Therefore, it is proposed to amend Condition 5 removing reference to a pool.
It is also noted that the Bushfire Hazard Assessment provided with the minor change application recommends a 29.7 metre Asset Protection Zone (APZ) around the dwelling and shed, which effectively supersedes the extent of clearing outlined in Condition 5.  Therefore, it is proposed to amend the condition to refer to the Bushfire Hazard Assessment so that the development is consistent with the approval.
The existing approval allowed for some clearing which is a little greater than what is proposed which is mainly due to the structures being spread out on the site rather than clustered which is the case with this proposal.  There is an area on the site that would benefit from rehabilitation and therefore it is proposed to amend existing Condition 9 to include some additional offset planting as follows:

9. Vegetation to offset tree removal must be planted in suitable locations throughout the lot in accordance with Council’s Planning Scheme Policy PSP2 Landscaping. The planted vegetation must consist of (sixty) 60 tube stock plants and consist of native, endemic species.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Senior Environment Officer
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. MCU14/0098.02, to make a minor change to an existing approval for Material Change of Use of Premises - Detached House and shed (Biodiversity) situated at 6 Figbird Ct Lake Macdonald described as Lot 7 SP 158846, Council on 22 August 2022 decided to:
A.	Approve the change.
B.	Amend conditions 2, 5 & 9 to read as follows:
2.	Approved Plans
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
-	-	Site Plan, prepared by James Smith	13/04/2022
-	-	Ground Floor Plan,	13/04/2022
-	-	Mezzanine Floor Plan,	13/04/2022
-	-	Proposed North & East Elevations	13/04/2022
-	-	Proposed South & West Elevations	13/04/2022

Vegetation Clearing
5.	Existing trees on the site and within road reserves must be retained, except where required to be removed to accommodate the approved dwelling and shed.  In this regard, the removal of vegetation:
must not extend beyond that recommended in the Bushfire Hazard Assessment, prepared by Equilibrium Ecology, dated 15 July 2022 for the dwelling and shed;
the removal of shrubs, small trees (those with a trunk diameter no greater than 150mm) and leaf litter is permitted but must not extend beyond 20m from the dwelling and shed.
9. 	Vegetation to offset tree removal must be planted in suitable locations throughout the lot in accordance with Council’s Planning Scheme Policy PSP2 Landscaping. The planted vegetation must consist of (sixty) 60 tube stock plants and consist of native, endemic species.

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6SP260164