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Minor Change Report MCU22 0172 01 [As Published] · MCU22/0172.01

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Development Planner, Georgina Schramm
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                   MCU22/0172.01

                  Development Approval              •   Development Permit for Material Change of Use - Dual
                                                        occupancy
                                                    •   Development Permit for Reconfiguring a Lot – Community
                                                        Title Subdivision (2 lots)
                                                    •   Development Permit for Operational Works – Access, Civil
                                                        Works, Landscaping, Stormwater

                  Applicant                         MOLTI SCIM Noosa P/L TTE
                                                    C/- Pivotal Perspectives Pty Ltd

                  Request Received On               4 April 2023

                  Report Reviewed By                Tara Norley – 5 June 2023

                  Decision Due Date                 6 May 2023


                  PROPERTY DETAILS

                  Property Address                  22 Grant St Noosa Heads Qld 4567

                  RP Description                    Lot 90 RP 92518

                  Land Area                         594 m²

                  Existing Use of Land              Dwelling


                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              Medium Density Residential

                  Precinct                          Not Applicable

                  Local Plan Area                   Noosa Heads

                  Overlays                          Landslide Hazard - Moderate

                  Assessment Type                   Minor Change to Development Approval




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               1.     PROPOSAL
               The applicant seeks approval to change an existing development approval for a Material Change
               of Use - Dual occupancy for the purpose of providing a lift in each unit.
               This has resulted in the following changes:
               Ground Level - The lift is to be located adjacent to the kitchens and setback 2m.
               •    The lift will be 6m high and compliant with the side setback requirements.
               •    Steel trellis with landscaping is proposed on the outside of the lift to provide variation to the
                    vertical element.
               •    The stairwell reconfigured to not increase the GFA.
               First Level
               •    Rearrange the void area to provide access to the lift well. The stairs have been rearranged to
                    ensure there is no net increase in GFA.
               It is to be noted that the proposed changes have been shown on plans prepared by a different
               architect to those approved; the plans remain reflective of the approved development.
               The locality and proposal plan are included below.




                                                         Figure 1 – Locality




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                                       Figure 2 – Site Plan




                                       Figure 3 – Floor Plan



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                                       Figure 4 – Elevations




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                                        Figure 5 – GFA Cals (UL minus 15m2 for stairs)

               2.     BACKGROUND
               A development approval for a Material Change of Use - Dual occupancy, Operational Works -
               Landscaping, Stormwater, Earthworks, Clearing Vegetation and Driveway, and Reconfiguring a
               Lot for a community title subdivision was approved on 25 January 2023.



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               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 the extent of
                      changes are inconsequential;
               •      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 & Multiple Dwellings Use Code;
               •      Works Codes;
               •      Landslide Hazard Overlay Code.
               The Noosa Plan 2020 (v. 25 September 2020) remains in effect at the time assessment of the
               immediate application. The development remains consistent with the original development
               approval.
               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

                         DA1.05        RFI#3 Proposed Site Plan, drawn by Black Wood Architecture 9/01/2023
                                             & Design

                         DA2.01        RFI#3 Basement, drawn by Black Wood Architecture & Design 9/01/2023

                         DA2.02        RFI#3 Ground Floor, drawn by Black Wood Architecture & 9/01/2023
                                             Design

                         DA2.03        RFI#3 Level 01, drawn by Black Wood Architecture & Design       9/01/2023

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                         DA2.04        RFI#3 Roof, drawn by Black Wood Architecture & Design            9/01/2023

                         DA3.01        RFI#3 North Elevation, drawn by Black Wood Architecture & 9/01/2023
                                             Design

                         DA3.02        RFI#3 East Elevations, drawn by Black Wood Architecture & 9/01/2023
                                             Design

                         DA3.03        RFI#3 South Elevation, drawn by Black Wood Architecture & 9/01/2023
                                             Design

                         DA3.04        RFI#3 West Elevation, drawn by Black Wood Architecture & 9/01/2023
                                             Design

                         DA4.01        RFI#3 Section A, drawn by Black Wood Architecture & Design 9/01/2023

                         DA4.02        RFI#3 Section B, drawn by Black Wood Architecture & Design 9/01/2023

                         DA5.01        RFI#3 Site cover & GFA, drawn by Black Wood Architecture & 9/01/2023
                                             Design

                         DA6.1         RFI#3 Materials & Finishes,       drawn    by   Black    Wood 9/01/2023
                                             Architecture & Design

               Applicant’s Request
               To change the approved plans to allow for a lift from each garage to upper level.
               Ground Level - The lift is to be located adjacent to the kitchens and setback 2m.
               •    The lift will be 6m high and compliant with the side setback requirements.
               •    Steel trellis with landscaping is proposed on the outside of the lift to provide variation to the
                    vertical element.
               •    The stairwell reconfigured to not increase the GFA.
               First Level
                    •    Rearrange the void area to provide access to the lift well. The stairs have been rearranged
                         to ensure there is no net increase in GFA.
               Assessment of Request
               Gross Floor Area
               While the approved Lower Floor Plan floor area increases, the gross floor area does not, as the
               Lower Floor Plan is compliant with the administrative term for basement, and therefore is not a
               storey and is not captured as GFA.
               The applicant has made changes to the stairway configuration while remaining within the approved
               building footprint. The changes result in GFA exclusions as per the administrative term of gross
               floor area. This allows for a walkway to the lift (where previously a void) without exceeding the plot
               ratio allowable on the site. The development’s revised gross floor area calculations are shown in
               Figure 5.
               Site Cover
               The development was approved with 38.9% site cover, leaving 6.6m2 available. The inclusion of
               the lifts increases the development’ site coverage by a total of 3.2m2, with the total site coverage
               now being 39.5%.




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               The proposed additions and alternations for the purpose of incorporating a lift into each unit does
               not raise conflict with the Planning Scheme, the approved density of the development remains
               upheld.
               Conditions 2 and 7 will be amended to reflect the updated plans.


               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. MCU22/0172.01, OPW22/0243.01, RAL22/0024.01, to make a
               minor change to an existing approval for a Dual Occupancy situated at 22 Grant St Noosa Heads
               Qld 4567, described as Lot 90 RP 92518, Council on 18 May 2023 decided to:
               A.     Approve the change.
               B.     Amend conditions 2, 7 to read as follows:
               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

                         DA22-056-A01-03_03      03        Site Plan, drawn by Archend                24/3/2023

                         DA22-056-A02-01_08      08        Lower Floor Plan, drawn by Archend         24/3/2023

                         D22-056_A02-02_08       08        Mid-Level Floor Plan, drawn up Archend 24/3/2023

                         D22-056_A02-03_07       08        Upper-Level Floor Plan, drawn up 24/3/2023
                                                           Archend

                         D22-056-A02-04_05       05        Roof Level, drawn up Archend               24/3/2023

                         D22-056_A04-01_05       05        Elevations, drawn up Archend               24/3/2023

                         DA22-056_A04-02_05      05        Elevations, drawn by Archend               24/3/2023

                         DA22-056_A05-01_04      04        Section, drawn by Archend                  24/3/2023

                         DA22-056-A05-02_04      04        Section, drawn by Archend                  24/3/2023




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Version: 5, Version Date: 05/06/2023

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                         DA5.01                 RFI#3     Site cover & GFA, drawn by Black Wood 9/01/2023
                                                          Architecture & Design (annotated by
                                                          Council)

                         DA6.1                  RFI#3     Materials & Finishes, drawn by Black 9/01/2023
                                                          Wood Architecture & Design

               7.       The development must not exceed a plot ratio of 0.4:1 in accordance with the Approved
                        Plans D22-056_A02-02_08 & D22-056_A02-03_07.




                                                                                                 Page 9 of 9

Document Set ID: 22418440
Version: 5, Version Date: 05/06/2023

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