Minor Change Report 51901.4113.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Contract Planner, Ben Thrower
Development Assessment

APPLICATION DETAILS
Application No.	51901.4113.01
Development Approval	Four (4) Multiple Dwellings
Applicant	Mr Christopher John O'Neil and Ms Kerri Majella Crawford
Request Received On	3 June 2019

PROPERTY DETAILS
Property Address	Treetops 15 Katharina St Noosa Heads
RP Description	Lot 0 BUP 3942 No related Land
Land Area	594.5m²
Existing Use of Land	Four (4) Multiple Dwellings

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosa Heads
Zone	Semi-Attached Housing
Overlays	Nil
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval by way of adding a 28m² weatherproof storage area within an existing building void / undercroft area.  The area is directly accessed from the outside of the building and proposed to be divided into separate four storage areas (i.e. 7m² per unit).
The application has been lodged in response to a Council compliance check following a complaint that works within the subject area were being undertaken without approval.  The concern at the time was that the works were associated with creating a new habitable space and/or additional dwelling unit.
The locality, relevant proposal plans and photos of the proposed storage area are included below (Figures 1 to 5).

Figure 1: Locality Aerial Photo

Figure 2: Site Aerial Photo

Figure 3: Storage Area Site Plan

Figure 4: Photo of proposed storage area.

Figure 5: Photo of proposed storage area.
background
On 26 and 27 April 1979 Council conditionally approved four multiple units (refer to approved plans – Figure 6).  The units were subsequently constructed as approved.

Figure 6: Approved Plans
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:
Noosa Heads Locality 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 it seeks a storage area only within the existing building footprint;
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
The proposed storage area complies with the Noosa Plan’s corresponding Probable Solution on the basis:
The existing development comprises four multiple dwellings;
The Noosa Plan provides for 7m² weatherproof storage area for each unit without contributing to the existing GFA; and
The storage area is directly accessed from the outside.
On this basis, the proposed storage area is recommended to be supported.  A condition of approval has been recommended to ensure the space is only used for storage purposes as proposed.
draft planning scheme
The relevant draft Noosa Plan provisions are similar to the current Planning Scheme and therefore no change to the assessment outcome would result from the new Noosa Plan.
CONSULTATION
Referral Agencies
Nil
Other Referrals
Nil
conclusion & reasons for decision
The applicant seeks approval to change an existing development approval for four multiple units for the inclusion a 28m² weatherproof storage area within an existing building void / undercroft area.
The requested change is considered reasonable.
RECOMMENDATION
With regard to Application No. 51901.4113.01, to make a minor change to an existing approval for ‘Four (4) Multiple Dwellings’ situated at Treetops 15 Katharina St Noosa Heads described as Lot 0 BUP 3942, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Include additional Conditions 18-19:
Additional Conditions – (12 September 2019)
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
02568	2	Proposed Communal Storage for Premises at 15 Katharina Street, Noosa Heads described as Lot 0 on BUP3942	02 August 2019

Storage Area

The area shown hatched on the approved plans must only be used for storage purposes.  The area must be divided into four separate 7m² storage areas, being one storage area for each unit.

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