Minor Change Report 51993.1086.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner - Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	51993.1086.02
Development Approval	TPC2622
Applicant	BDH Group Investments P/L TTE
Request Received On	22 March 2022
Report Reviewed By	Lisa Pienaar
Decision Due Date	<<<

PROPERTY DETAILS
Property Address	Viewland Heights 1/35 Viewland Dr Noosa Heads Qld 4567
RP Description	Lot 1 GTP 102061
Land Area	635m2
Existing Use of Land	Duplex Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Area Plan	Noosa Heads
Overlays	Bushfire Hazard (Potential Impact Buffer)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval (TPC2622 Duplex Dwelling) to enable the following works to intrude into setback areas and to be over 1 metre in height:
New elevated tiled terrace around new elevated pool that is within northern rear boundary setback and 1.14 metes above natural ground;
New block wall and planter each with a height of 2.5 metres;
Western side boundary fence with a height of 2.6 metres (existing and includes a trellis);
Frameless glass balustrade around pool that is 2.4 metres from natural ground level;
New tiled stairs along western side boundary.
The proposed works are similar to the pool and deck area approved for the adjoining unit in 2014.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 –Site Plan

Figure 3 – Elevations

Figure 4 – Elevations

background
A development approval for a duplex dwelling under TPC2622 was approved on 8th March 1994. In September 2014 an application for a dividing fence, retaining wall and deck were approved as they were considered to be generally in accordance with the development approval. Figure 5 below illustrates the extent of the area approved by this GIA application.

Figure 5 – GIA approval

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 the changes relate to the construction of pool and deck area and do not change the use of the site;
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 following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Noosa Heads Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
The applicant has lodged a change application for the above works with the supporting information detailing that the matter be assessed as Generally in Accordance with the approved plans of TPC2622. The application has been accepted and assessed as a Change Application and it is noted that the works will match the pool and fencing configuration of the adjoining unit which is detailed in the figures 6 and 7 below.

Figure 6 - Photograph of adjoining pool at Unit 2        Figure 7 – Aerial photograph of adjoining pool at Unit 2
A site inspection confirms that the new works will not be visible from the road as the existing fence and landscaping effectively screen the site from the existing footpath and surrounding open space to the north.
The proposed works to the rear of the site do not contribute to gross floor area and will improve the useability of the existing deck area of unit which is illustrated in figure 8 below.

Figure 8 –Photograph of existing outdoor area of Unit 1
The main issues with the proposed pool and deck relates to the height of the landscape structures and site cover. It is noted that the pool and deck areas approved for the adjoining Unit 2 were not classed as site cover as the superseded scheme excluded them from the site cover definition as detailed below:
Site cover means the proportion of a site covered by all buildings and structures shown as a percentage. For enclosed spaces this includes the area within the outside wall and for unenclosed spaces this includes the area measured along a line 600mm in from the perimeter of the roof. Site cover includes garages and other roofed outbuildings,but does not include landscape structures such as in-ground pools and decks.
These existing areas on the adjoining unit have therefore been excluded from current calculations.
The existing duplex dwelling on the site has a site cover of 40% with the proposed additional deck structures technically contributing to site cover as they are over 1 metre in height. (It is noted that the original Council report for the duplex dwelling indicated that site cover was at 37%).
The Noosa Plan 2020 site cover definition which states:
site cover of development, means the portion of the site, expressed as a percentage, that will be covered by a building or structure, measured to its outermost projection, after the development is carried out, other than a building or structure, or part of a building or structure, that is—
in a landscaped or open space area, including, for example a gazebo or shade structure or;
a basement that is completely below ground level and used for car parking; or
the eaves of a building; or
a sun shade.

The area of the new pool and deck over 1 metre in height is estimated at comprising an additional 10m2 as detailed in Figure 9 below and results in an additional 1% of site cover.

Figure 9 –Applicant site cover calculations.
As the proposed extensions relate to a pool landscape deck that improves the usability of the outdoor area and is not visible to the surrounding area, the works are supported. The pool and surrounding deck do not impact on the natural features of the area and is of an appropriate scale and consistent with the adjoining development. It is also noted that the existing approval for the site detailed the provision of pool areas to the rear of the site and the proposal is consistent with this approval.
Condition 1 currently refers to an approved plan for the site as detailed below.
1. Submission to and approval by Council of building plans in accordance with the Building Act, Councils By-laws and Policies, the conditions of this approval and substantially in accordance with plans 2.1293.SK1, and the Shire of Noosa Planning Scheme apart from where amendment are required or dispensation have been granted in conjunction with this approval.
The applicant has not requested any specific changes however it is recommended that condition 1 be amended to reflect the new plans of the deck.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
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. 51993.1086.02 to make a minor change to an existing approval for a Duplex Dwelling situated at Viewland Heights 1/35 Viewland Dr Noosa Heads and described as Lot 1 GTP 102061, Council on 3rd June 2022 decided to:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
1. Submission to and approval by Council of building plans in accordance with the Building Act, Councils By-laws and Policies, the conditions of this approval and substantially in accordance with plans 2.1293.SK1, CD2.01A (Nov 2021), CD3.00A (Nov 2021), CD4.01A (Nov 2021) and the Shire of Noosa Planning Scheme apart from where amendment are required or dispensation have been granted in conjunction with this approval.

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