Minor Change Report 132001.210239.1

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Maxwell Potter & Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	132001.210239.1 132001.210239
Development Approval	132001.210239
Applicant	Maree Ann Woodley
Request Received On	1 June 2020

PROPERTY DETAILS
Property Address	36 Seaview Tce Sunshine Beach Qld 4567
RP Description	Lot 54 RP 81810
Land Area	553m2
Existing Use of Land	Detached House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing Zone
Overlays	Natural Hazard Natural Resource Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval 132001.210239. The applicant proposes a roofed pergola over an existing paved courtyard within the front 6m setback.
The locality and proposal plan are included below.

Figure 1 Site Plan (Proposed Roofed Pergola)
Figure 1 Site Plan (Proposed Roofed Pergola)
background
A development approval for a Detached House was issued on 21 March 2002. The approval allowed a minor height variation and various setback relaxations.
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 2006
The following codes from the Noosa Plan are applicable to this development:
Detached Housing Zone Code
Natural Resources 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 the applicant proposes to roof an existing deck;
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
Built Form
Site Cover
The Detached House Code outlines that:
For a class 1 or class 10a building within the Detached House Zone, does not exceed –
For a single storey building – 50%; or
For a building of 2 or more storeys – 50% on the ground floor and 30% for the supper storey(s), or 40% for all storeys for a building of 2 storeys.
Presently, the site cover for the subject site is measured at approximately 53% for the ground floor and 32% for the upper floor.  The applicant was notified that the additional site cover would not be supported as it considered not to meet the relevant Specific Outcome of the Detached House Code and withdraw the application or demonstrate the proposal complies with the relevant outcomes of the code.
Given the development already exceeds the required site cover and appears bulky from the beach walkway, the proposed roof area would add bulk to the development and result in that does not comply with Specific Outcome O11. The proposal:
Is of a scale of development which would not be compatible with surrounding development; and
Presents bulky to surrounding area, particularly from the beach walkway.
Reduced setback does not maintain the visual continuity of buildings in the street.
conclusion & reasons for decision
The proposed change to the development results in an overall site cover which increases the bulk and scale of the development. The applicant has not demonstrated the additional site cover complies with the relevant Specific Outcome of the Detached House Code. The proposed development is therefore not supported.
RECOMMENDATION
With regard to Application No. 132001.210239.1, to make a minor change to an existing approval for Detached House situated at 36 Seaview Tce Sunshine Beach Qld 4567 described as Lot 54 RP 81810, Council on decided to:
Refuse to make the change for the following reasons:
The applicant has not demonstrated the proposal complies with Probable Solution S11 and Specific Outcome O11 of the Detached House Code.
The proposal would result in a building that is not of a scale compatible with surrounding development.
The proposal will add bulk and scale to an already large building which is seen from the beach walkway.
The reduced setback does not maintain the visual continuity and patterns of buildings in the street.

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