Minor Change Report 132001.210331.6

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Environment Officer, Conor Neville
Development Assessment

APPLICATION DETAILS
Application No.	132001.210331.6 132001.210331
Development Approval	Development Permit for Material Change of Use – Dwelling House
Applicant	Woolley Holdings Group P/L
Request Received On	3 August 2020

PROPERTY DETAILS
Property Address	10 Park Rd Noosa Heads Qld 4567
RP Description	Lot 55 RP 52918
Land Area	879.34m2
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	
Overlays	
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for a minor change to a development approval (Dwelling House) at 10 Park Road, Noosa Heads was submitted to Council on 3rd August 2020. The application seeks to permit the removal of 1 tree designated for retention in the approved plans.
background
A development approval for a Material Change of Use – Dwelling was issued on 12 June 2003.
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:
Landscape Code
Biodiversity Waterways and Wetlands Code
Natural Hazards - Landslide Hazard
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 applicant has provided evidence the change would not detract from the green back drop to Main Beach and the development will not result in landslip;
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;
Statutory Instruments – Planning Scheme
Condition 6
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan is to be prepared and submitted for approval. The landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter. The landscape plan is to clearly indicate:-
6.1. the retention of vegetation and reinforcement planting of endemic species on the site; and
6.2. the provision of shallow rooted vegetation above the underground garage with species provided that are endemic to the Noosa Heads area; and
6.3. the proposed means of protecting trees to be retained, particularly during the construction process.
Additionally, the applicant is to submit a survey plan of existing vegetation on the site, where this plan is to denote vegetation proposed to be removed and that proposed to be retained. To this end, as indicated on plan 000705/B dated 16/07/02 and prepared by Ken Hicks & Associates, only one substantial tree is to be removed. All trees identified on the plan for retention are to be marked and numbered for retention prior to construction on site. The plans shall be amended to provide a minimum setback of 300mm from the building for trees 49, 56, 54 and 53, with no excavations taken in proximity to these trees.
Applicant’s Request
The applicant seeks to amend condition 6 to permit the removal of tree 39, an Endiandra sieberi (a corkwood).
Assessment of Request
The applicant has previously requested tree 39 to be removed through an operational works application. Upon review of the application, Council commissioned a risk assessment report on the vegetation, including tree 39, and was informed tree 39 presented a broadly acceptable risk and are suitable for retention within the property.
The applicant has reviewed the report and states the usage of the area beneath tree 39 is far greater than presented in the report and materially effects the findings. The applicant has presented an agreement that the target zone for Tree 39, is and is proposed to be used by his family on a very regular basis, often for long periods of time and the property is frequented by a range of service staff, including builders, cleaners and gardeners.
Furthermore, the applicant has presented a photomontage depicting the green back drop to Main Beach with and without tree 39. It is evident from the applicant’s material there will be minimal interruption to the green back drop if tree 39 is removed.

Figure 1: Left picture showing tree 39 (circled), right picture with tree 39 removed (circled)
The tree is located within a retained terraced area and the risk of land slide has been addressed with previous applications. Replanting with suitable native species will aid continuing to provide a vegetative backdrop to Main Beach and provide a suitable amenity outcome for the applicant.
Based on the information provided, in particular the photomontages, the applicant’s request can be supported and suitable condition applied to ensure the maintenance of the green backdrop to Main Beach.
conclusion & reasons for decision
RECOMMENDATION
With regard to Application No. 132001.210331.6 132001.210331, to make a minor change to an existing approval for Development Permit for Material Change of Use – Dwelling House situated at 10 Park Rd Noosa Heads Qld 4567 described as Lot  55 RP 52918, Council on  decided to:
A.	Approve the change.
B.	Amend condition 6 to read as follows:
Condition 6
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan is to be prepared and submitted for approval. The landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter. The landscape plan is to clearly indicate:-
6.1. the retention of vegetation and reinforcement planting of endemic species on the site; and
6.2. the provision of shallow rooted vegetation above the underground garage with species provided that are endemic to the Noosa Heads area; and
6.3. the proposed means of protecting trees to be retained, particularly during the construction process.
Additionally, the applicant is to submit a survey plan of existing vegetation on the site, where this plan is to denote vegetation proposed to be removed and that proposed to be retained. To this end, as indicated on plan 000705/B dated 16/07/02 and prepared by Ken Hicks & Associates, only two substantial trees are to be removed, which includes tree 39, an Endiandra sieberi (a corkwood).  All trees identified on the plan for retention are to be marked and numbered for retention prior to construction on site. The plans shall be amended to provide a minimum setback of 300mm from the building for trees 49, 56, 54 and 53, with no excavations taken in proximity to these trees.
C.	Include the following additional conditions:
Within 3 months of the clearing of tree 39, the development must have the terraced area from which tree 39 grew or the terrace area above it, landscaped with a minimum of 7 local native trees species which may include:
Endiandra sieberi, Elaeocarpus obovata, Lophostemon confertus, Syzygium luehmannii, Callitris columellaris, Cynthia cooperi, Melicope elleryana Archontophoenix cunninghamiana, Livistona australis, Cupaniopsis anacardioides, Acronychia imperforata, Flindersia schottiana, Alectryon coriaceus, Corymbia tessellaris or other species endorsed in writing by Council.
Photographs of the completed newly planted terraced area(s) must be submitted to Council upon completion of the landscaping works.

D.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016

[word/footer1.xml]
Page 1 of 4

[word/header1.xml]
3