Minor Change Report 132000.200186.1

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	132000.200186.1
Development Approval	Material Change of Use – Dwelling in Sand Dune Problem area
Applicant	Sparks Architects
Request Received On	23 May 2022
Report Reviewed By	Nadine Gorton
Decision Due Date	5 July 2022

PROPERTY DETAILS
Property Address	Noosa Dunes 21/512 David Low Way Castaways Beach Qld 4567
RP Description	Lot 21 SP 111721
Land Area	608.89m2
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Biodiversity, Waterways & Wetlands, Bushfire Hazard (Potential impact buffer, Medium Potential), Coastal Protection, Landslide (Moderate)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval for a Dwelling house in a sand dune problem area which consists of:
internal layout changes to accommodate: - a new bedroom, ensuite and storeroom in place of an existing/approved family room, a new media room in place of an existing/approved bedroom;
Extension to dwelling, including
a small balcony enclosure on the lower ground level to accommodate a small bedroom extension;
a small court enclosure on the lower ground level to accommodate a small bathroom extension;
minor external alterations on the lower ground level as a result of the above-mentioned extensions/internal layout changes.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan
background
A development approval for a Dwelling on Lot 21 was approved 21 June 2000.
The proposed extension to the existing dwelling is located in the Noosa (formerly Marcus) Dunes Group Title Development which is within the Coastal Protection area. The subject site is located within the Noosa Dunes (formerly Marcus Dunes) estate and as such is subject to the provisions of Plan of Development POD65 – Marcus Dunes Estate, which includes mapped ‘Building/yard envelopes’ and ‘Natural vegetation in lots to remain untouched’ on the approved plan (refer to Figure 4).

Figure 4: Plan of Development POD65 – Marcus Dunes Estate
Dwelling houses must be constructed in accordance with the development parameters outlined on the plan of development, which are contained in the assessment following. The Body Corporate has provided approval for the works to proceeds subject to Council approval and confirm it complies with the Plan of Development.
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 change is minor in nature, relating to an approved use;
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:
Low Density Zone Code;
Low Density Housing Code;
Works Codes.

Plan of Development requirements	Assessment of Compliance
Buildings shall be constructed in the envelopes as shown on the POD Setbacks 8-10.7m to (frontage) 2m to south and northern boundaries 6m to the east boundary (rear)	not changing
Maximum Building Height 2 storeys 8m or: maximum roof level as shown on POD whichever is the lesser height (RL44)	RL 40.7 Not changing
Maximum Building levels 3 levels	The dwelling complies with the maximum building levels.
Site Coverage maximum of 40%	Not changing
Maximum dwelling unit floor area 350m² (including garage space) and one managers office of 40m².	Approved at 330m2.  The proposal includes an additional 8m2, resulting in a total of 338m2.

Condition 4
The driveway shall be a maximum of 4.0 metres wide where it crosses the property boundary and the balance of the driveway within the lot shall be the minimum area required to provide access to the proposed garage. The remainder of the driveway within the footpath shall also have a maximum width of 4.0 metres.
Applicant’s Request
Request this condition be removed on the basis that the existing driveway – which was established in excess of 18 years ago – has a width (at the property boundary and within the footpath) greater than four metres. While this four metre restriction was probably relevant/reasonable at the time of approval, the prevalence of nearby driveway widths (at the property boundary and within the footpath) greater than four metres seems to indicate that this is no longer the case. Refer Figure 5 – driveway widths.

Figure 5 – driveway widths
Assessment of Request
The driveway width has not been constructed in accordance with the approval which requires a maximum width of 4 metres.  The intent of the condition is to minimise hardstand areas. The driveway has been constructed to a width of 4.49 metres at the property boundary and 5.6 metres at the garage.  It is acknowledged that other driveways accessing from the common property road are generally wider than 4 metres and it is reasonable to allow the driveway width constructed 18 years ago to remain.   Therefore, it is recommended to amend the condition, rather than delete the condition to recognise the width of the existing driveway.

Condition
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 25.401.1 to 25.401.1 prepared by Andrew McKellar Design and dated April 2000 and as may be amended by these conditions.

Condition 11 and Applicant’s Request
The applicant wishes to do additions to the existing dwelling which requires plans for the additions to be recognised in the approval – condition 11.
We request that Condition 11 which currently reads, “Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 25.401.1 to 25.401.1 prepared by Andrew McKellar Design and dated April 2000 and as may be amended by these conditions,” be updated to read, “Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled/numbered as per the following, and as may be amended by these conditions:

Assessment of Request
Although there was no roof plan originally approved, it appears the minor extensions are under the existing roof line and therefore, site cover is not increasing.  Additional GFA is 8m2 and is under the required 350/390m2 allowable GFA for the site.
The proposed extensions to the dwelling comply with the required provisions under the Plan of Development (ie. setbacks and site cover).
Accordingly, the plans will be reflected in the amended Condition 11.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Co-ordinator, Engineering – discussion regarding the accepted driveway width in accordance with what has been constructed.
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. 132000.200186.1, to make a minor change to an existing approval for Material Change of Use – Dwelling in Sand Dune Problem area situated at Noosa Dunes 21/512 David Low Way Castaways Beach described as Lot 21 SP 111721, Council on 8 July 2022 decided to:
A.	Approve the change.
B.	Amend conditions 4 & 11 to read as follows:
4.	The width of the driveway must be in accordance with the approved site plan WD1.2, prepared by Sparks Architects and dated 6 July 2022.
11.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are as per the following, and as may be amended by these conditions:
Plan No.	Rev.	Plan/Document Name	Date
WD.01	B	Title Sheet, prepared by Sparks Architects	06.07.2022
WD 1.2	B	Site Plan, prepared by Sparks Architects	06.07.2022
WD 1.3	B	Lower Floor Existing, prepared by Sparks Architects	06.07.2022
		Proposed residence 25.401.1, prepared by Andrew McKellar	April 2000
		Proposed residence 25.401.2, prepared by Andrew McKellar	April 2000
		Proposed Residence 25.401.3, prepared by Andrew McKellar	April 2000
WD 1.4	B	Lower Ground Floor - Demolition, prepared by Sparks Architects	06.07.2022
WD 1.5	B	Lower Ground Floor – Proposal, prepared by Sparks Architects	06.07.2022
WD 1.6	B	Lower Ground Floor – Set out plan, prepared by Sparks Architects	06.07.2022
WD 2.1	B	South Elevation, prepared by Sparks Architects	06.07.2022
WD 2.2	B	East Elevation, prepared by Sparks Architects	06.07.2022
		Landscaping Plan, prepared by Andrew McKellar	June 2000

C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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Plan Number/Title Dated Prepared By

Site Plan WD 1.2 May 2022 Sparks Architects
Proposed Residence 25.401.1 (Amended in Red) April 2000 Andrew McKellar
Lower Ground Floor Set Out Plan WD 1.6 May 2022 Sparks Architects
Proposed Residence 25.401.2 April 2000 Andrew McKellar
Proposed Residence 25.401.3 (Amended in Red) April 2000 Andrew McKellar
South Elevation WD 2.1 May 2022 Sparks Architects
East Elevation WD 2.2 May 2022 Sparks Architects