Minor Change Report MCU16 0139.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Will Koschade
Development Assessment
APPLICATION DETAILS
Application No.	MCU16/0139.02
Development Approval	Duplex Dwelling (MCU16/0139)
Applicant	Kathleen Edith Anschau and Kevin Patrick Anschau
Request Received On	1 October 2021
Report Reviewed By	<insert officer & date>
Decision Due Date	01/11/2021

PROPERTY DETAILS
Property Address	1 Werin St Tewantin Qld 4565
RP Description	Lot 1 RP 74607
Land Area	986 Square Metres
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density
Local Area Plan	Tewantin
Assessment Type	Minor Change to Development Approval
PROPOSAL
The applicant seeks approval to change to an existing development approval by introducing various cosmetic amendments to the design and amendments to the general layout of the development (including internal floor areas). An assessment of the development including the existing approval and proposed amendments are undertaken under the Assessment Section of the report.
The locality and proposal plans are included below.

Figure 1 – Locality
Figure 2 – Site Plan

Figure 3 – Elevations
Figure 4 – Elevations

Figure 5 – Approved Site Plan

Figure 6 – Approved Elevations

background
A development approval for a Duplex Dwelling (MCU16/0139) was issued by Council on 3 February 2017. The original application was code assessable and did not require public notification.
On 14 July 2021, Council issued an Extension to the Currency period (MCU16/0139.01). The currency period for the approval ends on 3 February 2023.
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 revised plans are limited to cosmetic changes to the development;
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:
Medium Density Residential Zone Code;
Tewantin Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
Landslide Hazard Overlay Code;
Acid Sulfate Soils Overlay Code.
Condition 1 - Approved Plans
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
DA-002	10	Context Plan, prepared by Reddoor Architecture	20.12.2016
DA-100	18	Site/Floor Plans, prepared by Reddoor Architecture as annotated by Council	20.12.2016
DA-101	18	Upper Floor Plan, prepared by Reddoor Architecture	20.12.2016
DA-200	7	Elevations, prepared by Reddoor Architecture	21.12.2016
DA-300	10	Sections, prepared by Reddoor Architecture	21.12.2016
DA-301	11	Sections, prepared by Reddoor Architecture	21.12.2016
Applicant’s Request
The applicant requests that the condition be amended to include the new plan set.
Assessment of Request
The key development parameters of the approved development, proposed development and compliance with the relevant assessment benchmarks are provided below:
Table 1 – Assessment Summary
Parameters	Approved Proposal	Revised Proposal	2020 Planning Scheme	Complies
Gross floor area	443.7m²	423.5m2	0.45:1 = 444m2	
Site cover	40%	39.7%	40%	
Landscaped open space	371m² 311m²	372m2 313m2	392m2	x
Building height In storeys In metres	2 storeys 9.1 metres	2 storeys 9.1 metres	2 storeys max 8 metres	X
Boundary setbacks Frontage Side Rear	2.5m to lift, 3.6m to main facade Northern side – 3m Southern side – 0.2m to deck Rear - 4m	2.5m to lift, 3.8m to main façade Northern side – 3m Southern side – 1.5m to Unit 2 eave Rear – 3.5m to eave, 3.8m to wall of Unit 2	6 metres min 1.5/2.0/2.5 1.5/2.0/2.5 6.0m	X X X X
Length of wall	<15.0m	<15.0m	15m max	
Carparking	4 covered spaces		2 covered + 1 additional	
Symmetry	Asymmetrical	Asymmetrical	Asymmetrical	

As per Table 1 above, the development remains consistent with the existing approval and generally compliant the built form requirements of the Medium Density Residential Zone Code. The revised design does not introduce new impacts or unreasonably increase the extent/severity of existing non-compliances (except gatehouse which is discussed below) which have already been assessed as part of the original approval.
The proposed site cover and plot ratio complies with the Scheme. The setbacks and landscaped areas, although not achieving the Acceptable Outcomes of the Scheme, remain consistent with the existing approval. Other design requirements such as symmetry and length of wall is compliant and sufficient car parking is provided.
Council’s development engineer has also reviewed the revised design and provided the follow comments regarding:
“The proposed changes do not raise any issues to the approved engineering aspects of the development.
Noteworthy is the fact that the alignment of the driveways has changed and (whilst they are still functional) might have impacts on vegetation on road reserve – this matter can be assessed at the future operational works application stage (access, stormwater, landscaping and car parking)”.
Gatehouse
The application seeks approval for a new gatehouse which would be located within the front setback and achieves a setback of 1.09m. The rear portion of the gatehouse has a solid roof and the front comprises unenclosed timber roof with horizontal battens (similar to a pergola). The gatehouse has a GFA of 6m2.
Although within the front setback, the gatehouse demonstrates compliance with Performance Outcome PO12 of the Medium Density Residential Zone Code based on the following grounds:
The structure is low impact and partly unenclosed and would not result in an appearance of excessive bulk to the streetscape;
The gatehouse has a substantial setback from Werin Street due to the wide road verge; and
The structure would not obscure views or unreasonably impact the residential amenity of the adjoining dwelling to the north.

Condition 1 - Approved Plans
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
Approved Plans – November 2021
D-KA	I	Site Plan, prepared by Ausmar	10/11/21
D-KA	I	Unit 1 Ground, prepared by Ausmar	10/11/21
D-KA	I	Unit 1 Upper, prepared by Ausmar	10/11/21
D-KA	I	Unit 2 Ground, prepared by Ausmar	10/11/21
D-KA	I	Unit 2 Upper, prepared by Ausmar	10/11/21
D-KA	I	Gatehouse, prepared by Ausmar	10/11/21
D-KA	I	Unit 1 Elevations, prepared by Ausmar	10/11/21
D-KA	I	Elevations, prepared by Ausmar	10/11/21
D-KA	I	Elevations, prepared by Ausmar	10/11/21
D-KA	I	Unit 2 Elevations, prepared by Ausmar	10/11/21
D-KA	I	Floor Areas, prepared by Ausmar	10/11/21
D-KA	I	Landscaping, prepared by Ausmar	10/11/21
Approved Plans – December 2016
DA-002	10	Context Plan, prepared by Reddoor Architecture	20.12.2016
DA-100	18	Site/Floor Plans, prepared by Reddoor Architecture as annotated by Council	20.12.2016
DA-101	18	Upper Floor Plan, prepared by Reddoor Architecture	20.12.2016
DA-200	7	Elevations, prepared by Reddoor Architecture	21.12.2016
DA-300	10	Sections, prepared by Reddoor Architecture	21.12.2016
DA-301	11	Sections, prepared by Reddoor Architecture	21.12.2016
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer
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. MCU16/0139.02, to make a minor change to an existing approval for a Matrial Change of Use (Duplex Dwelling) situated at 1 Werin St Tewantin Qld 4565 described as Lot 1 RP 74607, Council on 12/11/2021 decided to:
A.	Approve the change.
B.	Amend condition 2 to read as follows:
Condition 2 - Approved Plans
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
Approved Plans – November 2021
D-KA	I	Site Plan, prepared by Ausmar	10/11/21
D-KA	I	Unit 1 Ground, prepared by Ausmar	10/11/21
D-KA	I	Unit 1 Upper, prepared by Ausmar	10/11/21
D-KA	I	Unit 2 Ground, prepared by Ausmar	10/11/21
D-KA	I	Unit 2 Upper, prepared by Ausmar	10/11/21
D-KA	I	Gatehouse, prepared by Ausmar	10/11/21
D-KA	I	Unit 1 Elevations, prepared by Ausmar	10/11/21
D-KA	I	Elevations, prepared by Ausmar	10/11/21
D-KA	I	Elevations, prepared by Ausmar	10/11/21
D-KA	I	Unit 2 Elevations, prepared by Ausmar	10/11/21
D-KA	I	Floor Areas, prepared by Ausmar	10/11/21
D-KA	I	Landscaping, prepared by Ausmar	10/11/21
Approved Plans – December 2016
DA-002	10	Context Plan, prepared by Reddoor Architecture	20.12.2016
DA-100	18	Site/Floor Plans, prepared by Reddoor Architecture as annotated by Council	20.12.2016
DA-101	18	Upper Floor Plan, prepared by Reddoor Architecture	20.12.2016
DA-200	7	Elevations, prepared by Reddoor Architecture	21.12.2016
DA-300	10	Sections, prepared by Reddoor Architecture	21.12.2016
DA-301	11	Sections, prepared by Reddoor Architecture	21.12.2016

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