Minor Change Report 132000.200180.1

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

APPLICATION DETAILS
Application No.	132000.200180.1
Development Approval	Material Change of Use – Dwelling in Sand Dune Problem area
Applicant	Leora Ann Urness and Michael James Urness
Request Received On	15 September 2021
Report Reviewed By	Kerri Coyle

PROPERTY DETAILS
Property Address	Noosa Dunes 8/512 David Low Way Castaways Beach Qld 4567
RP Description	Lot 8 SP 111721
Land Area	719.15 m2
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential zone
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Coastal Protection Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for a Dwelling house in a sand dune problem area to make some external and internal changes to the building layout, and seek approval for some works approved by a private building certifier including a rooftop terrace.
The locality and proposal plan are included below.
Figure 1 – Locality

background
A development approval for a Dwelling on Lot 8 was approved 9 June 2000 under the Noosa Plan version 25 February 2000.
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).
Dwelling houses must be constructed in accordance with the development parameters. The Body Corporate has provided approval for the works to proceeds subject to Council approval and confirm it complies with the Plan of Development.

Figure 4: Plan of Development POD65 – Marcus Dunes Estate
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 14.5-15.5m to (frontage) 2m to south and northern boundaries 5m to the east boundary (rear)	not changing, apart from some external stairs. Any approval will need to be conditioned to ensure no structure or works occur outside the building envelope
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. A roof top terrace is included in the proposal
Site Coverage maximum of 40%	Approved at 32%, increasing to 35%
Maximum dwelling unit floor area 350m² (including garage space) and one managers office of 40m².	Approved at 345m2.  The proposed changes result in total floor area of 315m2 which excludes the areas that would constitute a basement (including the garage) under the Noosa Plan 2020.
The Plan of Development did not contemplate rooftop terraces and therefore it is relevant to give consideration to the Noosa Plan 2020 roof design requirements contained in the Low Density Residential Zone Code as set out below.

Performance Outcomes	Acceptable Outcomes
Roof design PO16 Roof designs: contribute positively to the character of the streetscape; incorporate eaves and roof overhangs; avoid boxy elevations on the front facade of the building; do not present an appearance of excessive bulk to the street or neighbouring properties; do not create opportunities for residents or building users to overlook the private open space or view into habitable windows or doors of neighbouring properties.	AO16.1 With the exception of the reuse or renovation of an existing building which does not comply, in areas other than the Coastal Communities and Noosa Heads local plan areas: the main roof of buildings has a pitch no less than 5 degrees; and eaves apply to at least 75% of the perimeter of the roof. Editor’s Note — 450 millimetre eaves will achieve AO16.1(b) provided a 150 millimetre gutter is used.  AO16.2 The total width of any parapet wall does not exceed 50% of the width of the front facade of a building.   AO16.3 Development does not include rooftop terraces.

The Noosa Plan 2020 does not support rooftop terraces unless they comply with the performance outcomes.  In this regard a new roof is proposed to cover a deck below and will assist the existing unapproved rooftop terrace to better integrate with the roofline and prevent opportunities for residents to overlook the private open space of neighbouring properties.
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, the plan of development 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. 132000.200180.1 to make a minor change to an existing approval for a dwelling house situated at Noosa Dunes 8/512 David Low Way Castaways Beach described as Lot 8 SP 111721, Council on 17 August 2022 decided to:
A.	Approve the change.
B.	Amend conditions 10 to read as follows:
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
297 LAD000	P2	Site Plan, prepared by Maddock (as annotated by Council)	06/07/22
297 LAD0001	P2	Floor Plans, prepared by Maddock (as annotated by Council)	06/07/22
297 LAD0002	P2	Floor Plans, prepared by Maddock (as annotated by Council)	06/07/22
297 LAD007	P3	Elevations and sections prepared by Maddock (as annotated by Council)	06/07/22
C.	Include the following additional conditions:
12.	The portico, terraces and decks must not be enclosed and must remain open on the sides at all times as shown on the approved Floor Plans.
13.	The proposed terraced, landscaped footpath and stairs detailed on the plans of development are not approved, with this area to remain planted with vegetation endemic to the area.

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LOT AND BUILDING

    
  
 

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Total Park Area 3749 m? (10% Site Areo)

 

 

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