Minor Change Report MCU17 0046.01 · MCU17/0046.01

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

APPLICATION DETAILS
Application No.	MCU17/0046.01
Development Approval	Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 – Duplex Development Permit for Operational Work - Stormwater, Drainage Works, Earthworks, Carparking, Access and Landscaping
Applicant	Lyndon Bradney Simmons and TGV Pty Ltd TTE
Request Received On	25 June 2018

PROPERTY DETAILS
Property Address	38 Park Cres Sunshine Beach Qld 4567
RP Description	Lot 598 RP 48112
Land Area	532 m2
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches Locality Attached Housing
Zone	
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to allow an additional car space on site in the form of a car port. This would replace landscaping and a bin enclosure area which forms part of the approval. The applicant has provided a revised set of plans which would require a change to existing Condition 2 of the existing approval. Refer to Figure 1 – suggested change for additional car space.

Figure 1 – suggested change for additional car space
background
A development approval for a Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 – Duplex and Development Permit for Operational Work - Stormwater, Drainage Works, Earthworks, Carparking, Access and Landscaping was issued on 29 August 2017.
A negotiated decision was issued 8 November 2017, amending Condition 2.
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 following codes from the Noosa Plan are applicable to this development:
Eastern Beaches Locality code
Residential Uses code
Landscaping code
Engineering Works codes
Coastal Protection Overlay code
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 requested changes are minor in nature;
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
Background of approval
The original proposal included 4 onsite car spaces (2 single garages positioned centrally and 2 carports situated either side of the garages).  In Council’s information request for that application, it was identified that this design created a large hardstand area fronting the street. This design created a site frontage of hard stand area of nearly 15 metres and minimal opportunity for landscaping, with the exception of some street trees and a small central garden. Given the topography of the land, the design sought a zero setback for the garages and carports to the front boundary, which further limits opportunities for landscaping. The proposal was amended in the information response, with 2 single garages and 1 carport approved, which enabled a quarter of the frontage and more on site landscaping to be achieved.  Refer Figure 2 - Approved frontage layout.
Applicant’s Request
The applicant seeks to have 4 on site car spaces (as per the original proposal), rather than the 3 approved. The applicant believes there is insufficient on street car parking due to the road being quite narrow (6.4 metres).

Figure 2 - Approved frontage layout

Assessment of Request
It is important to note that Carparking Code requires 3 on site car spaces only. It is acknowledged that the street is quite narrow, however there are parking opportunities on the street. To facilitate an additional onsite car space would result in a very wide (approximately a total of 14 metre hard stand frontage/driveway) with limited opportunities for landscaping. Refer to Figure 1.  For these reasons, the applicants request is not supported.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council specialists:
Not applicable
conclusion & reasons for decision
The applicants request is not supported as it will result in poor amenity outcomes for the street.
RECOMMENDATION
With regard to Application No. MCU17/0046.01, to make a minor change to an existing approval for Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 – Duplex and Development Permit for Operational Work - Stormwater, Drainage Works, Earthworks, Carparking, Access and Landscaping, situated at 38 Park Cres Sunshine Beach Qld 4567 described as Lot 598 RP 48112, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on decided to:
Refuse to make the change for the following reasons:
The proposal will remove landscaping opportunities;
The proposal will result in a wide hard stand area fronting the street; and
The proposal has poor amenity outcomes.

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