Minor Change Report 51995.1530.06

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Nick Copper Development planner
Development Assessment

APPLICATION DETAILS
Application No.	51995.1530.06
Development Approval	Town Planning Consent for a group housing development (5 units)
Applicant	Robert Leonard Jackson
Request Received On	7 October 2021
Report Reviewed By	Patrick Murphy
Decision Due Date	4 November 2021

PROPERTY DETAILS
Property Address	Esplanade Heights 18 Peregian Esp Peregian Beach Esplanade Heights 3/18 Peregian Esp Peregian Beach
RP Description	GTP 105556 Lot 3 GTP 105556
Land Area	1540m2 (whole site) 191.3m2 (Lot 3)
Existing Use of Land	Units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Acid Sulfate Soils (Above 5m AHD to 20m AHD) Bushfire Hazard (Potential Impact Buffer) Landslide Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval for a group housing development (5 units).  The proposal is for renovations to unit 3 as follows:
Ground floor
Removing the store/workshop and replacing with:
a larger entry area;
laundry beneath the stairwell (in part); and
installation of a lift; and
the existing two (2) single garages retained as existing.
First floor
remove laundry (shift to ground floor);
new bathroom and living room; and
addition of a lift; and
access to the new private open space at ground level.
Second floor
reconfigure the kitchen, meals and living area;
addition of a lift; and
provision of new access stairs and screened landing area leading to the new private open space area at ground level.
Landscaping and private open space (POS)
reconfiguration of the garden to the front of the entry to provide a clearer and more direct path to the front door;
new swimming pool, paved courtyard area and landscaping to the perimeter of the POS at the rear; and
new raised garden along the side of the building to the rear.

While the existing development is a 5-unit Group Housing Development, the proposed changes only affect Unit 3 and do not affect any other property, including common property.  There is no change to the roof form, with a small increase to GFA 0.3m2 as outlined in figure 1 below, and a minor increase in Site Cover (2m²), with no change to the number of bedrooms onsite. The proposed changes do not affect any other property and are wholly contained within the subject land (Lot 3).

Figure 1 – GFA comparison and totals for Unit 3.

The locality and proposal plan are included below.
Figure 2 – Locality

Figure 3 – Site Plan

Figure 3 – Floor Plans

Figure 4 – Elevations
background
A development approval for a Group Housing Development was approved by Council on the 20 October 1995, comprising 5 x 3 bedroom units within three detached buildings, each two storeys in height;
A permissible change (51995.1530.02) was approved on 11 October 2004 for a pool to be located to the rear of Unit 4;
A permissible change (51995.1530.03) was approved by Council on 15 November 2010 for an additional bedroom and a 17m2 additional deck area to be located on the upper level northern and eastern façade of Unit 5;
A Generally in Accordance was issued on 22 May 2014 for an extension to the deck on Unit 3; and
A minor change application (51995.1530.04) was lodged with Council on 15 July 2020 for additions and alterations to Unit 4. This application is currently under assessment.
A minor change application (51995.1530.05) was approved on 23 December 2020 to provide a roof over an existing deck on Unit 5.
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.
The following codes from the Noosa Plan are applicable to this development:
Medium Density Residential Zone; and
Dual Occupancy and Multiple Dwelling Code; and
Works Codes
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 proposal does not dramatically change the built form in terms of scale, bulk and appearance
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
Applicant’s Request
The applicant lodged new plans for unit 3 for approval which includes the series of changes listed previously.
Assessment of Request
GFA
The proposed changes involve internal changes to the floor layout and result in an increase in total GFA of 0.3m2 (under the Noosa Plan 2020 definition). While the original development exceeds the required plot ratio of 0.4:1 for the entire site as required by performance outcome PO13, the changes being made to the building are internal only with generally no increase in the building footprint and no increase in GFA. Further, the building within Lot 3 (Unit 3) will remain at a scale that is compatible with surrounding development and not present an appearance of bulk to adjacent properties as required by performance outcome PO9.
Site Cover
A previous approval (51995.1530.03) approved a 16.3m² extension to the upper level deck on Unit 5, increasing the originally approved site cover of 31% to 32%. The proposed new stairs for Unit 3 increases site cover by 2m² or 0.14%, which is considered very minor. Under performance outcome PO10 of the Medium Density Residential Code development is not to exceed a site cover of 40%.  Therefore, increase to 32.14% complies with this requirement.
Setbacks
Under acceptable outcome AO12.1, the rear setback for development is to be 6m. Under the proposed minor change the stair landing at the second level is setback approximately 5.5m from the rear boundary. The stair landing area provides for a small seating area that is fully screened (1500mm high) from neighbouring properties. Having regard to performance outcome PO12, the proposal is considered to comply with the requirements as it will have minimal impact on adjoining premises amenity as it will not obstruct views (which are to the east) or cause overlooking (as it is adequately screened).  Furthermore, the setback provides adequate distance to adjoining land uses (being only minor encroachment of 0.5m) and it continues to allow for landscaping to be provided within the relevant setback areas.
Landscaping
The proposal includes the addition of a pool and formalised landscaping at the rear of the building.  PO10 of the Dual Occupancy and Multiple Dwelling Code requires that development:

enhances liveability and promotes outdoor living;
contributes to the visual amenity and natural landscape character of the area;
retains existing large trees where practicable;
provides privacy between uses;
reduces the bulk and scale of development; and
conceals services, car parking and manoeuvring areas.
The proposed landscaping is designed to provide an improved connection with the internal floor layout and thereby promoting outdoor living.   The development retains the existing retains the large tree in the southwestern corner of the site and additional landscaping has been provided along the southern boundary to promote privacy between units.   The landscaping provides an appropriate level of private open space in dimensions that are adequate to suit the needs of the occupants (as required in PO11) and the 2m high fencing will ensure privacy is maintained between uses.  Therefore, the landscaping is considered to comply with the code requirements.
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. 51995.1530.06, to make a minor change to an existing approval for a group housing development (5 units) situated at Esplanade Heights 3/18 Peregian Esp Peregian Beach Qld 4573 Esplanade Heights described as, Lot 3 GTP 105556, Council on 20 January 2022 decided to:
A.	Approve the change.
B.	Include the following additional condition 39:
Approved Plans
39.	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
100.01	C	Proposed Site Plan prepared by Shaun Lockyer Architects	16.11.21
200.01	B	Proposed Ground Floor Plan, prepared by Shaun Lockyer Architects	20.08.21
200.02	C	Proposed First Floor Plan, prepared by Shaun Lockyer Architects	16.11.21
190.03	C	Proposed Second Floor Plan prepared by Shaun Lockyer Architects	16.11.21
200.00	C	Proposed Roof Plan prepared by Shaun Lockyer Architects	16.11.21
300.01	C	Proposed Elevations (East & West) prepared by Shaun Lockyer Architects	16.11.21
300.02	C	Proposed Elevation (North) prepared by Shaun Lockyer Architects	16.11.21
300.03	C	Proposed Elevation (South) prepared by Shaun Lockyer Architects	16.11.21
400.01	C	Proposed Building Sections prepared by Shaun Lockyer Architects	16.11.21
400.02	C	Proposed Building Sections prepared by Shaun Lockyer Architects	16.11.21
400.03	B	Proposed Building Sections prepared by Shaun Lockyer Architects	20.08.21
400.04	B	Proposed Building Sections prepared by Shaun Lockyer Architects	20.08.21

[word/footer1.xml]
Page 4 of 4

[word/header1.xml]
3

[Attachment: image4.png (image text)]
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

‘se boundary 19.126 m approx | 276" 00}00"

 


[Attachment: image5.png (image text)]
|
bal hoods over
96°00 00"
‘shown
<i
landing
dashed
over
/
m approx
‘te boundary | m
©

[Attachment: image6.png (image text)]
|

 

__!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

se boundary 7.20) m apprax| 96°00 00"

‘ensuite

 

 

 

 

 

iste pounary [4-125 appro] 276" 00}
1
1
7

 

 

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image7.png (image text)]
  

wie boundary

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 

 

 

 

 

 

 
 
  
 

RR RAK

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

osed eastern elevation roposed western elevation
(1) Proposed easter elevation. (2) proposed western elevation.


[Attachment: image8.png (image text)]
 

 

i wn

IOS

           

. SS Ys

RRR. RRRRNRA y

YR x
RR, YN

SISINSSISISISSS
EAA SIS
KO
YY

RoR
AWW

KR
ROR
RNRNS

INV

R,

RR
RRRRRRRA
YVAN
NNN NNN
SIS —iN

eR

BKK
IAS
KARR
AY

 

2
WO
RN
j RAW
SS S $ S yyy
S RRR, RR A RRR,
YO, YS WN ARRRK
SOA RARARRRR RESSSRARASLNAINA
5 proposed northern elevation


[Attachment: image9.png (image text)]
 

 

 

    

  

boundary
Bockwork wall
toedend 2m

sbovenct—|

       

 

 

~ NGL shown dashed at buldegersacton

 

 

 

 

 

 

 

 

roposed southern elevation
SS