Minor Change Report 132005.535.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	132005.535.01
Development Approval	Material Change of Use and a Preliminary Approval for alterations and additions to a Detached House.
Applicant	Mr Tim Down
Request Received On	25 September 2019

PROPERTY DETAILS
Property Address	2 Pitta St Peregian Beach Qld 4573
RP Description	Lot 714 P 93127
Land Area	No Land Area details available
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing zone
Overlays	Natural Resources Overlay – Coastal Protection
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval. The applicant seeks to enclose a balconies on the first and second floors. Figures 1 shows the existing floor layout and Figure 2 shows the proposed layout.

The balcony on the first floor is proposed to be enclosed as a bedroom and studio, while the enclosing of the balcony on the second floor is to extend the living area. There is no further building work proposed except for removing balustrading.
background
A development approval for a Material Change of Use and a Preliminary Approval for alterations and additions to a Detached House was issued on 7 June 2006. The application was assessed and decided under the Maroochy Plan 2000, which was the applicable planning scheme at the time the application was lodged. The site is located in South Peregian which at the time of approval had recently transferred from the Maroochy Shire to Noosa Council.
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:
Building Works Code
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 there are only minor changes to the built form;
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 proposal is a minor change to the external facade by enclosing a balcony on each of the 2 levels. While the balconies are within the coastal 6m setback their proposed enclosing does not involve any further setback encroachment. Furthermore, the enclosing of the north east balcony reduces any overlooking that currently exists of the neighbouring property.
The proposal does not raise any concerns and is recommended to be supported. As a result of the changes to the built form, Condition 1 of the original approval requires amending to reflect new plans for the dwelling and an additional condition is included to ensure the setback and roof form (elements that are not proposed to be changed) are not changed.
conclusion & reasons for decision
The proposal seeks to enclose balconies on the first and second level. The balconies do not cause any additional overlooking and do not change the setbacks or the roof form. The proposal is within the Coastal Protection Overlay setback of 6m. However, no built form changes are proposed except for the removal of balustrading and the inclusion of walls to match the existing external finishes. The proposal will not interrupt the cycles of erosion and accretion and therefore raises no concerns.
RECOMMENDATION
With regard to Application No. 132005.535.01, to make a minor change to an existing approval for alterations to enclose balconies situated at 2 Pitta St Peregian Beach Qld 4573  described as Lot  714 P 93127, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
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
1 of 7	C	Title Sheet, prepared by Rumah Design Studio	10.09.19
2 of 7	C	Existing Plans, prepared by Rumah Design Studio	10.09.19
5 of 7	C	Proposed Plans, prepared by Rumah Design Studio	10.09.19
6 of 7	C	Proposed Elevations, prepared by Rumah Design Studio	10.09.19
7 of 7	C	Proposed Elevations, prepared by Rumah Design Studio	10.09.19
C.	Include condition 13 to read as follows:
Additional Condition October 2019
13.	No change to the existing setbacks or roof form is approved.

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