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SUPERSEDED - Minor Change Report MCU21 0231 01 [As Published] · MCU21/0231.01
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No. MCU21/0231.01
Development Approval MCU21/0231
Applicant Mark Bain Constructions Pty Ltd C/- Pivotal Perspectives Pty
Ltd
Request Received On 1 February 2023
Further Advice Request 14 February 2023
Further Advice Response 9 March 2023
Report Reviewed By Tara Norley – 12 April 2023
Decision Due Date 1 March 2023
PROPERTY DETAILS
Property Address 10 Natasha Ave & 24 Katharina St Noosa Heads Qld 4567
RP Description Lot 2 RP 122891, Lot 135 RP 92518
Land Area 1523 m²
516 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium density residential
Precinct Not Applicable
Local Plan Area Noosa Heads Local Plan Area
Overlays Bushfire Hazard Overlay
Landslide Hazard Overlay
Assessment Type Minor Change to Development Approval
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Document Set ID: 22367465
Version: 4, Version Date: 12/04/2023
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1. PROPOSAL
The applicant seeks approval to change to an existing development approval for the purpose of:
• incorporating voids into design of Units K1, K2 and K3 as the current design results in a
higher building classification and associated fire requirements. The inclusion of the voids
reduces the need for a Class 2 Building. A variation to the approved plans listed in Condition
2 is requested.
• Change Condition 5 to detail that the 2 lots are not necessary to be amalgamated prior to
the commencement of the use rather than prior to development permit for operational
works.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
Figure 3 – Proposed Change to Allow for Void Area on Southern Units
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2. BACKGROUND
A development approval for a Material Change of Use – Multiple dwellings for the purpose of 8
dwelling units, 6 of which are small dwelling units and the remaining 2 units being greater than
100m2, was approved on 31 September 2022.
3. ASSESSMENT
3.1. 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.
3.2. 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 does not
introduce any new uses or increase the severity of known impacts;
• 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.
3.3. Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Noosa Heads Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
• Landslide Hazard Overlay Code;
• Bushfire Hazard Overlay Code.
The original development permit was decided under the Noosa Plan 2020 which remains in place
today.
Condition 2 – Approved Plans
2. 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
S1.0 - Site Plan prepared by Chris Clout Design 19 August 2022
S1.3 - Landscaping prepared by Chris Clout 19 August 2022
Design
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C1.0 - K1, 2 & 3 Basement Plan prepared by 19 August 2022
Chris Clout Design
C1.1 - K1, 2 & 3 GF prepared by Chris Clout 19 August 2022
Design
C1.2 - K1, 2 & 3 UF Plan prepared by Chris 19 August 2022
Clout Design
C1.4 - K1, 2 & 3 Elevations prepared by Chris 19 August 2022
Clout Design
C1.5 - K1,2 & 3 Elevations prepared by Chris 19 August 2022
Clout Design
C1.6 - K1, 2 & 3 Sections prepared by Chris 19 August 2022
Clout Design
C2.0 - K4, 5 & 6 GF Plan prepared by Chris 19 August 2022
Clout Design
C2.1 - K4, 5 & 6 UF Plan prepared by Chris 19 August 2022
Clout Design
C2.2 - K4 Elevations prepared by Chris Clout 19 August 2022
Design
C2.3 - K5 & 6 Elevations prepared by Chris 19 August 2022
Clout Design
C2.4 - K4, 5 & 6 Sections prepared by Chris 19 August 2022
Clout Design
C3.0 - N1 & N2 LF Plan prepared by Chris Clout 19 August 2022
Design
C3.1 - N1 & N2 GF Plan prepared by Chris Clout 19 August 2022
Design
C3.2 - N1 & N2 UF Plan prepared by Chris Clout 19 August 2022
Design
C3.3 - N1 & N2 Elevations prepared by Chris 19 August 2022
Clout Design
C3.4 - N1 & N2 Elevations prepared by Chris 19 August 2022
Clout Design
C3.5 - N1 & N2 Sections prepared by Chris 19 August 2022
Clout Design
Applicant’s Request
The applicant has detailed that the proposed inclusion of the void to the southern units is for the
purpose of providing greater ventilation to the carpark, which works in conjunction with requiring a
lower standard for fire requirements.
This is the only change to the proposal plans.
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Assessment of Request
The part of the building which is reverting to a void to the basement was a landscaped area with
planter boxes, an area equivalent to 15m2. The proposed changes do not introduce non-
compliance with soft landscaping area as the planter boxes are not soft landscaped areas as it is
not in-ground planting. The reduction of overall landscaped area is inconsequential as it will not be
visible from outside of the site, and do not alter screening requirements etc.
The proposed changes alter plans S1.0, S1.3, C1.0-C1.2 and C1.6. Condition 2 will be amended
accordingly.
Condition 5 - Reconfiguration of a Lot
3. The existing allotments are to be amalgamated into one allotment and a new Certificate of
Title issued to cover the newly created allotment prior to the issue of a Development Permit
for Operational Works.
Applicant’s Request
The applicant has requested a change to Condition 5 to allow for the amalgamation of the lots to
be delayed until the commencement of the use/certificate of titles for body corporate community
management statement has been issued. The applicant has proposed to amend the condition as
follows:
The existing allotments are to be amalgamated into one allotment and a new Certificate of
Title issued to cover the newly created allotment prior to the commencement of the use’.
Assessment of Request
Council agrees to the change to Condition 5, the titles are to be amalgamated prior to the
commencement of the use. The condition will be amended accordingly.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. 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. MCU21/0231.01, to make a minor change to an existing approval
for Material Change of Use for the purpose of Multiple Dwellings situated at 10 Natasha Ave & 24
Katharina St Noosa Heads Qld 4567 described as Lot 2 RP 122891 & Lot 135 RP 92518, Council
on 12 April 2023 decided to:
A. Approve the change.
B. Amend conditions 2 & 5 to read as follows:
Approved Plans
2. 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.
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Plan No. Rev. Plan/Document Name Date
S1.0 - Site Plan prepared by Chris Clout Design 2 February 2023
S1.3 - Landscaping prepared by Chris Clout 2 February 2023
Design
C1.0 - K1, 2 & 3 Basement Plan prepared by 2 February 2023
Chris Clout Design
C1.1 - K1, 2 & 3 GF prepared by Chris Clout 2 February 2023
Design
C1.2 - K1, 2 & 3 UF Plan prepared by Chris 2 February 2023
Clout Design
C1.4 - K1, 2 & 3 Elevations prepared by Chris 19 August 2022
Clout Design
C1.5 - K1,2 & 3 Elevations prepared by Chris 19 August 2022
Clout Design
C1.6 - K1, 2 & 3 Sections prepared by Chris 2 February 2023
Clout Design
C2.0 - K4, 5 & 6 GF Plan prepared by Chris 19 August 2022
Clout Design
C2.1 - K4, 5 & 6 UF Plan prepared by Chris 19 August 2022
Clout Design
C2.2 - K4 Elevations prepared by Chris Clout 19 August 2022
Design
C2.3 - K5 & 6 Elevations prepared by Chris 19 August 2022
Clout Design
C2.4 - K4, 5 & 6 Sections prepared by Chris 19 August 2022
Clout Design
C3.0 - N1 & N2 LF Plan prepared by Chris Clout 19 August 2022
Design
C3.1 - N1 & N2 GF Plan prepared by Chris Clout 19 August 2022
Design
C3.2 - N1 & N2 UF Plan prepared by Chris Clout 19 August 2022
Design
C3.3 - N1 & N2 Elevations prepared by Chris 19 August 2022
Clout Design
C3.4 - N1 & N2 Elevations prepared by Chris 19 August 2022
Clout Design
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C3.5 - N1 & N2 Sections prepared by Chris 19 August 2022
Clout Design
Reconfiguration of a Lot
5. The existing allotments are to be amalgamated into one allotment and a new Certificate
of Title issued to cover the newly created allotment prior to the commencement of the
use.
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Document Set ID: 22367465
Version: 4, Version Date: 12/04/2023
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