Minor Change Report 131999 982846 3 [As Published] · 131999.982846.3

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               1.     PROPOSAL
               The applicant seeks approval to change an existing development approval for the purpose of
               providing a lift to the dwelling house along the northern property boundary.
               The lift will facilitate access from the living area to the master bedroom. The lift will have a varied
               side boundary setback of 1.1-1.2 metres from the northern boundary. The lift has the following
               dimensions:
               •      1.1m wide
               •      1.4m long
               •      6.05m high
               The extension will be cladded along the eastern boundary to match the existing dwelling, no
               windows will be provided along the eastern elevation.
               Lifts are excluded from gross floor area, so there is no increase to the floor area.
               The locality and proposal plan are included below.




                                                         Figure 1 – Locality




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                                        Figure 2 – Site Plan




                                       Figure 3 – Floor Plan 2


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                                       Figure 4 – Floor Plan 3




                                       Figure 5 – Elevations



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               2.     BACKGROUND
               On 16 September 1999, Council approved a Material Change of Use for a Dwelling house in a
               Sand Dune Problem Area (Council ref. 131999.982846 / 17447 DA).
               On 16 May 2016, a minor change approval was issued for an extension to the dwelling house for
               the purpose of a garage and bin storage area along the side boundary.
               On 19 March 2018, a minor change approval was issued for retrospective approval for retaining
               walls that has been constructed within the eastern portion of the property.
               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 extent of works
                      relate to a lift to support the existing dwelling on the allotment;
               •      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:
               •      Low Density Residential Zone Code;
               •      Low Density Housing Code;
               •      Coastal Protection and Scenic Amenity Overlay Code;
               •      Landslide Hazard Overlay Code.
               The original development permit was approved under the 1990 Planning Scheme. The Planning
               setback requirements under the scheme at the time of the approval and current planning
               instrument remain the same.
               The proposed change triggers assessment against Acceptable Outcome AO9.3 of the Low Density
               Residential Zone Code states:
               AO9.3 Buildings and structures meet the following minimum setbacks to boundaries other than
                     road frontages and rear boundaries:
                          a.      1.5 metre setback up to 4.5 metres height;
                          b.      2 metres setback between 4.5 metres and 7.5 metres height; and
                          c.      2.5 metres if above 7.5 metres height.

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               The applicant is proposing a varied setback of 1.1-1.2 meters along the eastern boundary, and
               therefore does not comply with AO9.3 of the Low Density Residential Zone Code. The proposal is
               required to comply with corresponding Performance Outcome PO9 of the Low Density Residential
               Zone Code, which states:
               PO9        Buildings and structures are designed and sited to:
                          a.      provide a high level of amenity to users of the subject site and adjoining premises,
                                  including provision of visual and acoustic privacy and access to sunlight;
                          b.      not unreasonably obstruct views or cause overlooking of private open space or
                                  habitable areas of adjoining premises;
                          c.      provide adequate distance from adjoining land uses;
                          d.      preserve existing vegetation that will help buffer development;
                          e.      allow for space and landscaping to be provided between buildings including
                                  adequate area at ground level for landscaping with trees, shrubs and outdoor living;
                          f.      be consistent with the predominant character of the streetscape; and
                          g.      protect the natural character and avoid adverse impacts on ecologically important
                                  areas such as national parks, waterways and wetlands.
               The proposed building works will not introduce overlooking or impact on visual and acoustic
               privacy. The lift will be cladded to match the existing dwelling materials, no windows are proposed.
               The applicant has provided a conceptual view line diagram in respect of changes to the view
               experienced from 11 Arakoon Crescent. The applicant submits: …given the location of the existing
               dwelling at 18 Arakoon Crescent, and surrounding vegetation, the proposed side setback
               encroachment of the lift would not further obstruct the views from 11 Arakoon Crescent. The lift
               structure will also have a lower height than the existing roof line of the dwelling and consequently
               not be visible above the height of the dwelling. Figure 3 also illustrates that the view line between
               18 and 20 Arakoon Crescent is limited due to the narrow width between the two buildings.
               Further to the applicant’s justification against the Performance outcome, the area of development
               is an existing titled terrace, with little ability to provide in-ground landscaping.
               The proposed addition for the purpose of a lift, achieves compliance with the Performance
               outcome. Additional conditions will be provided to reflect the existing approval.
               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. 131999.982846.3, to make a minor change to an existing approval
               for Material Change of Use – Dwelling house situated at 18 Arakoon Cres Sunshine Beach Qld
               4567, described as Lot 791 RP 48111, Council on 21 July 2023 decided to:
               A.     Approve the change.
               D.     Include the following additional conditions:

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               18.      Development undertaken in accordance with this approval must generally comply with the
                        approved plans of development. The approved plans are numbered 295/1-8 (Council/DP)
                        prepared by Gabriel & Elizabeth Poole Design Company and dated September 1999 and
                        as may be amended by these conditions.
                        Approved Plans – 21 July 2023 Additional Plans (lift)

                          Plan No.     Plan Name                                          Date

                          11           Proposed Site Plan, prepared by JMF Design         20 February 2023

                          12           Proposed Level 2 Floor Plan, prepared by JMF 20 February 2023
                                       Design

                          13           Proposed Level 3 Floor Plan, prepared by JMF 20 February 2023
                                       Design

                          16           Proposed Section, prepared by JMF Design           20 February 2023

                          15           Proposed Section, prepared by JMF Design           20 February 2023




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