DA Report Change Development Approval 131998.982104.1

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	131998.982104.1
	
Author:	Jack Lewis

APPLICATION DETAILS
Application Number:	131998.982104.1
Applicant:	Residential Villages (VIC) P/L and Fourteenth Dector Pty Ltd
Request Received Date:	20/12/2016
Original Approval Type:	Development Approval for a Material Change of Use – Extension to a dwelling house in a sand dune problem area.

PROPERTY DETAILS
Property Address:	52 Seaview Tce SUNSHINE BEACH  QLD  4567
RP Description:	Lot 62 RP 81810
Existing Use of Land:	Detached House

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (28 October 2016)
Planning Locality:	Eastern Beaches Detached Housing
Planning Zone:	
Assessment Type:	Change to Approval - Code

PROPOSAL:

The application seeks approval for change to the existing development approval for an additional 19m2 roof to be constructed over an existing second storey deck along the ocean side of the house. The roof will cover the remainder of an existing deck which is 3.5m wide x 11m in length as shown on the locality and proposal plan below (in highlight). A portion of the existing deck is covered by the existing floor level above.

BACKGROUND:

On the 14 December 1998, Council issued a Development Approval for a Material Change of Use – Extension to a dwelling house in a sand dune problem area. The existing deck includes a setback ranging from 4.5m to 5.5m from the rear ocean boundary. The existing second storey eave was setback from 5.8m to 6.8m from the rear ocean boundary as shown below.

The plans state the roof setback is in line with an ‘imaginary line joining existing buildings on adjoining lots’.

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development
The change would not require the application to be referred to additional concurrence agencies;
The original application was code assessable and the change would not cause the application to become impact assessable; and
The change would not cause the approval to involve prohibited development.
On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:

The application proposes an unenclosed roof to allow for better utilisation of the existing second storey deck to the seaward elevation of the dwelling. The proposal will not adversely impact on the view line of the adjoining dwelling to the south as the existing deck to the southern elevation was previously approved to be enclosed to that elevation. The proposed deck roof does not protrude beyond the existing southern enclosed portion of the deck. The adjoining lot to the south is also situated further eastward to that of the subject site therefore maintaining existing view lines.

Furthermore, the proposed deck roof will not adversely impact the view line of the adjoining dwelling to the north as the structure is reasonably setback from the northern side boundary allowing for a sufficient angle of view to be retained to users of the adjoining premises. The main viewing deck of the dwelling to the north is situated further seaward to that of the proposed deck roof as illustrated below and is therefore unlikely to detrimentally impact the dwelling to the north.

It is however recommended that a condition of approval be included to ensure the second storey deck is not enclosed to the eastern or northern elevation.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. 131998.982104.1, situated at 52 Seaview Tce SUNSHINE BEACH QLD 4567, in accordance with the following details for the Decision Notice.

A.	Amend condition 7 to read as follows:
Approved Plans
7.	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
September, 1998
9844 SK01	O4	Architectural Plan, prepared by Greg Gibbs Architects	September, 1998
January, 2017
SD.101	C	Site Plan, drawn by Kidd + Co	29/12/2016
SD.102	C	Lower Level Plan, drawn by Kidd + Co	29/12/2016
SD.103	C	Ground Plan, drawn by Kidd + Co	29/12/2016
SD.104	C	Roof Floor, drawn by Kidd + Co	29/12/2016
SD.105	C	Deck & Handrail Plan, drawn by Kidd + Co	29/12/2016

B.	Include an additional Condition to read as follows:
The eastern and northern elevation of the first floor deck must not be enclosed and must remain an open structure.

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