Minor Change Report 132007.616.05

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Billy Glover
Development Assessment

APPLICATION DETAILS
Application No.	132007.616.05
Development Approval	132007.616 (Multiple Housing Type 2 Duplex)
Applicant	Tike Property P/L
Request Received On	22 May 2018

PROPERTY DETAILS
Property Address	8 Attunga Hts Noosa Heads Qld 4567
RP Description	Lot 23 RP 89506
Land Area	532.03m2
Existing Use of Land	Detached House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Semi-Attached Housing
Overlays	Nil
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval 132007.616 (Multiple Housing Type 2 Duplex).
The applicant is seeking to swap the internal layout, relocate the kitchen, living and dining areas on the upper level with the bedrooms and bathrooms on the lower level (ground floor to the upper level and upper level to the ground level). The landscaping of the site is proposed to be altered to include two pools, amended driveway access, amended on site vehicle manoeuvrability and a front fence. The design of the building will remain similar in style with changes to the roof form, internal layout and overall finishes.
Changes to a number of conditions are proposed to accommodate the revised development proposal.
background
A development approval for a Material Change of Use – Multiple Housing Type 2 (Duplex) was issued on 11 October 2007.
An extension to the relevant period was approved on 9 May 2011, extending the relevant period of the application to 11 October 2013.
A further extension to the relevant period was approved on 19 September 2013, extending the relevant period until 11 October 2017.
A further extension to the relevant period and amendments to conditions was approved on 16 June 2017.
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Codes
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 proposed changes relate to minor changes to the internal layout, landscaping and finished design;
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 mattes 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 planning scheme provisions in place at the time of the original development approval are generally consistent with the current planning scheme provisions. The approved development parameters are compared with the proposed development parameters below.
Criteria	Planning Scheme	Approved	Proposal	Complies
Site Area	Not applicable	531m² (Report)	532.03m² (Mapping)	
Population density	4.8 persons	4.8 persons	4.8 persons	
Gross floor area Plot ratio	239.4m² 0.45:1 max	200m² 0.38:1	248.7m² 0.467:1	X X
Site cover	40%	38.3%	38.5% (204.7m²)	
Roof form Pitch Eaves	Min 5 degrees Min 75% perimeter		5-7 degrees 95% perimeter	
Landscaped open space Soft landscaping Landscaping Setbacks Frontage Rear	192m² min 115.2m² min 6 metres (average 3m width) 2 metres	198m² 188.1m²	216.6m² 118.7m² 6 metres (average 2m width) 1.7 metres	X X
Building height storeys metres	2 storeys 8 metres	3 storeys 8 metres	2 storeys 7.4 metres	
Boundary setbacks Frontage Side (north) Side (south) Rear	6 metres 1.5/2 metres 1.5/2 metres 6 metres	7 metres 1.5/2 metres 1.5/2 metres 5 metres	7 metres 2.65/2.65 metres 1.56/2.01 metres 5.99 metres (wall) 5.09 metres (column) 5.09 metres (roof)	X X X
Length of wall	15 metres	10 metres	10.3 metres	
Carparking	2 spaces 1 additional space	4 covered 1 additional space	3 covered spaces	
Plot Ratio/Gross Floor Area
The plot ratio/gross floor area of the original approved development (132007.616) demonstrated compliance with the requirements of the Noosa Heads Locality Code. The original plan set submitted within the current change application (132007.616.05) included a GFA calculation diagram which demonstrated compliance (0.4m2 exceedance) with the maximum plot ratio/gross floor area requirements of the code. The additional 0.4m2 GFA was considered inconsequential and reasonable.
Since the change application was lodged a number of revised plan sets had been received by Council following further discussions with the applicant and consultant. Upon assessment of the final plan set, the proposed plot ratio/gross floor area was found to be in exceedance of the maximum permissible, as per the code. The plot ratio of the original and final plan set measures and equates to 0.467:1 in lieu of the maximum permissible ratio of 0.45:1. The additional gross floor area equates to 9.3m².
Specific Outcome O9 of The Noosa Heads Locality Code details the maximum Site Cover of the development and does not provide merit for Council to be supportive of additional gross floor area than the permissible for the proposed Multiple Housing Type 2 Duplex development. Furthermore, consistent with Councils approach in relation to gross floor area for other developments of similar nature, any exceedance is not supported.
A condition is included accordingly for the development to comply with the 0.45:1 plot ratio and as such the gross floor area is to be reduced by at least 9.3m².
Landscaping
The proposed front and rear landscape setbacks are proposed at 2 metres (average width of front landscaping) and 1.7 metres (average rear landscaping setback) in lieu of 3 metres and 2 metres respectively.
The development is proposed with landscaped open space and soft landscaping in exceedance of the standard minimum landscaped areas and dimensions for the proposed use. The submitted external works plan demonstrates suitable landscaping provision and the submitted landscape plan demonstrates desirable species for the site location.
The proposed landscaping changes for the development is supported, subject to submission of landscape plan illustrating the revised dimensions in accordance with the External Works Plan dated 30.10.2018.
Setbacks
The original duplex development approval (132007.616) included a 5 metre rear setback in lieu of the required minimum boundary setback of 6 metres. A condition was included for a number of the existing native tree species on site to be retained. The applicant is now seeking to establish two pools within the rear setback (or part of), requiring the removal of existing tree species conditioned to be retained, as such it was advised to the applicant that the development comply with the standard 6 metre setback to provide a reasonable amenity separation distance from the property boundary. The revised plans generally comply with the 6 metre setback, with the wall of the building proposed with a 5.99m setback and dividing column and roof form proposed with a 5.09 metre setback.
The dividing column provides separation between the occupants of the two units and will present minimal appearance of building bulk from the perspective of adjoining properties. From the perspective of the adjoining property at the rear, the centrally located column is only 0.2 metres in width presenting minimal appearance of bulk. From the perspective of the adjoining side neighbours the wall will present an additional wall plane encroaching the rear 6 metre setback, however again, the encroachment is centrally located on site and consistent with the previous approval of which allowed the encroachment for the entire extent of the rear wall of the building.
The proposed roof form includes a 900mm eave at the rear elevation in lieu of a typical 600mm eave. As such, the additional 300mm of roof overhang encroaches the 6 metre rear setback. The additional roof form overhang presents and contributes additional articulation to the building design and is unlikely to detrimentally impact the amenity of the adjoining properties. Furthermore, the roof form overhang does not exceed the 8m maximum allowable building height.
All other setbacks comply. The proposed boundary setbacks are supported.
Side Boundary Fencing
The northern side boundary fencing is proposed over 2 metres in height, to an extent of 11 metres of the boundary. The maximum height of the proposed fence from natural ground level is 2.8 metres. The plans indicate that the proposed fence is generally consistent in height with the existing. Considering the slope of the land, extent of fill on the adjoining property and proposed cut on the subject property, the proposed fencing will maintain privacy for residents of both the subject and adjoining property. No issues with the proposed northern side boundary fence height is raised.
The applicant proposes the following changes to the existing conditions to accommodate the proposed changes to the existing development approval:
Condition 1
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are prepared by Agenti Architects Pty Ltd and are detailed as…
Applicants Request
The applicant requests that condition 1 be amended to reference the revised plans prepared by Mercury Design.
Assessment of Request
The revised proposal plans are considered suitable for approval and the applicants request to change condition 1 to reflect the revised proposal is supported.
Condition 3
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.  In this regard:-
Finished ground level of the landscaped areas within the front setback and along the sides and rear of the carpark level shall be retained or reinstated to the existing natural ground level as indicated by the contours on the site plan.
Where practicable, the heights of any retained structures shall be minimised and the adjacent landscaped areas battered/mounded up.
Native screening vegetation, shall be provided along the side and rear boundaries.  The vegetation shall include understorey plantings and a diverse range of trees ranging from 45 to 75 Litres in size.
Clothes lines, water tanks, bin enclosures and the like shall not to be located where they will significantly reduce the effectiveness of any screening vegetation.
The mature Pandanus tectorius (1 of) and Callitrus columellaris (1 of) within the front setback area to Attunga Heights shall be retained.
The three (3) mature Callitrus columellaris and the mature Eucalypt (1 of) in the rear setback area shall be retained.  This includes the Callitrus columellaris that is on the boundary in the southeast corner of the site.
The landscaping plan shall include a minimum of four (4) native species of a minimum size of 100 Litres to replace existing trees to be removed from the site.
The landscaping plan shall detail treatment to planter boxes/court areas indicated on Level 2.  The height of any planter box shall not exceed 1.0 above slab level.
A minimum of 1 x 45litre Banksia integrefolia street tree shall be established on the Attunga Heights frontage within the road reserve.
Any declared species (weeds) shall be removed from the site.  In this regard, there are a number of umbrella trees on the site that are to be removed.
Applicant’s Request
As part of assessment of the original revised plans, Council officers indicated that the existing vegetation on site was to be retained. Due to concerns with the health of some of the trees, the applicant engaged Consult Arborist to provide an assessment of the existing vegetation at and adjacent to the subject site. This assessment concluded that due to the age, size and location of several of the trees, they were not suitable for retention.
Advice from Council indicates that their Environmental Officer has reviewed the report and supports the recommendations. The conditions above are requested to be amended to reflect the report and the proposal plans.
Suggested Change to Condition:
3.5. The Callitrus columellaris (2 of) within the front setback area to Attunga Heights shall be retained. The Pandanus tectorius (1 of) is to be relocated to the landscape garden in front of the lift well.
3.6. delete
Assessment of Request
The submitted arborist report presents support for the proposed removal of the existing tree species at the rear of the lot and relocation of the existing Pandanus tree at the front of the lot, considering the age, health, structure, and retention value of the existing tree species and design conflict with the project. In further consideration, the final architectural plans submitted demonstrate suitable landscape open space area and soft landscaping provision over the site. Councils Environment officer reviewed the submitted arborist report and recommended Council support the recommendations of the submitted material. The request to change condition 3 to provide for the proposed amendments is supported.

Condition 4
The unenclosed visitor parking space shall be deleted and landscaping area increased accordingly in this area, with natural ground level maintained.
Applicant’s Request
Condition no longer relevant as all carparking provided in the basement. Condition requested to be deleted.
Assessment of Request
The revised proposal plans reflect the intent of condition 4 of the original approval. The deletion of condition 4 is supported.
Condition 6
Any fencing along the southern boundary shall accommodate the Callitrus columellaris tree that is to be retained in the southeast corner of the site.
Applicant’s Request
Condition 6 to be deleted as tree no longer on site.
Assessment of Request
The submitted arborist report and revised proposal plans do not support or include the retention of the Callitrus columellaris tree. Upon Council review of the arborist report and proposal plans deletion of condition 6 is supported.

Condition 8
Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
Applicant’s Request
The condition is requested to be deleted or amended to reflect Council requirements for privacy screening on decks and balconies.
Assessment of Request
Consistent with the Privacy provisions of the Residential Uses Code, the applicant proposes privacy screening to be provided on the balconies of the building. It is recommended for condition 8 to be amended as follows:
To ensure privacy doors, windows, glazing or balconies that have the potential to overlook the private spaces of neighbouring properties must include either balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Condition 27
27. 	Carparking shall be provided within the site generally as shown on drawing number 07025SK1(c) dated 27 August 2007 by Agenti Architects, except as modified herein.
Applicant’s Request
Condition requested to be amended to refer to deleted or amended to reflect amended proposal plans.
Assessment of Request
Carparking shall be provided within the site generally as shown on plan D06 of 19 dated 30 October 2018 by Mercury Design.
The following conditions are recommended to be amended accordingly to reflect the proposed changes and necessary updates:
28.	A minimum of 3 covered carpark spaces shall be provided on site.
34. 	The site shall be connected to the existing sewerage reticulation system and in accordance with the requirements/approval of the service provider (Unitywater).
The site shall be connected to the existing sewerage reticulation system and be constructed in accordance with Unitywater’s standards and requirements/approval of the service provider (Unitywater).
41. 	The site shall be connected to the existing town water supply and be constructed in accordance with Unitywater standards and requirements.
43. 	All water meters must be located outside the property boundary and in an easily assessable location to facilitate unhindered reading by Unitywater and/or Unitywater contracted water meter readers, and not behind fences or locked gates.
44. 	For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be served by, otherwise as approved by Unitywater:
44.1. A single Body Corporate water meter to measure the total water consumption (including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
44.2. Individual water meters to each tenement capable of being separately rated, and
44.3. A fire service (fully testable single detector check with metered bypass), where applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels).
45. 	Where required by Unitywater, a registered easement shall be created over the zone of influence of all sewers within the subject site and over those parts of the subject site that are impacted upon by sewers on any adjoining sites. The easements shall generally be parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment (measured from the finished surface) and be no less than 3.0m wide overall. In this regard a licensed surveyor shall accurately locate all sewer mains and determine the necessary width of the easement, which shall be shown on any plans submitted for Operational Works / Building Works approval. To this extent the surveyor shall certify that the sewer and the zone of influence is wholly contained within the easement to be created.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council specialists:
Environment Officer, Development Assessment
Engineering Officer, Development Assessment
conclusion & reasons for decision
The proposed changes to the existing development approval are generally consistent with the requirements of The Noosa Plan. The proposed changes do not present any concerns with regard to the overall development outcome for the site. The proposed changes are therefore recommended for approval subject to reasonable and relevant conditions.
RECOMMENDATION
With regard to Application No. 132007.616.05, to make a minor change to an existing approval for Multiple Housing Type 2 Duplex situated at 8 Attunga Hts Noosa Heads described as Lot 23 RP 89506, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 15 November 2018 decided to:
A.	Approve the change.
B.	Amend conditions 1, 3, 8, 27, 28, 34, 39, 41, 43, 44, 45 and 51 to read as follows:
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
D04 of 19	-	Site Plan, drawn by Mercury Design	30.10.2018
D05 of 19	-	External Works Plan, drawn by Mercury Design	30.10.2018
D06 of 19	-	Basement Floor Plan, drawn by Mercury Design	30.10.2018
D07 of 19	-	Ground Floor Plan, drawn by Mercury Design	30.10.2018
D08 of 19	-	First Floor Plan, drawn by Mercury Design	30.10.2018
D09 of 19	-	Roof Plan, drawn by Mercury Design	30.10.2018
D10 of 19	-	Elevations, drawn by Mercury Design	30.10.2018
D11 of 19	-	Elevations, drawn by Mercury Design	30.10.2018
D12 of 19	-	Section, drawn by Mercury Design	30.10.2018
D13 of 19	-	Section, drawn by Mercury Design	30.10.2018
D14 of 19	-	House B Pool Section, drawn by Mercury Design	30.10.2018
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.  In this regard:-
Finished ground level of the landscaped areas within the front setback and along the sides and rear of the carpark level shall be retained or reinstated to the existing natural ground level as indicated by the contours on the site plan.
Where practicable, the heights of any retained structures shall be minimised and the adjacent landscaped areas battered/mounded up.
Native screening vegetation, shall be provided along the side and rear boundaries.  The vegetation shall include understorey plantings and a diverse range of trees ranging from 45 to 75 Litres in size.
Clothes lines, water tanks, bin enclosures and the like shall not to be located where they will significantly reduce the effectiveness of any screening vegetation.
3.5. 	The Callitrus columellaris (2 of) within the front setback area to Attunga Heights shall be retained. The Pandanus tectorius (1 of) is to be relocated to the landscape garden in front of the lift well.
3.6. 	Deleted
The landscaping plan shall include a minimum of four (4) native species of a minimum size of 100 Litres to replace existing trees to be removed from the site.
The landscaping plan shall detail treatment to planter boxes/court areas indicated on Level 2.  The height of any planter box shall not exceed 1.0 above slab level.
A minimum of 1 x 45litre Banksia integrefolia street tree shall be established on the Attunga Heights frontage within the road reserve.
Any declared species (weeds) shall be removed from the site.  In this regard, there are a number of umbrella trees on the site that are to be removed.
8. 	To ensure privacy doors, windows, glazing or balconies that have the potential to overlook the private spaces of neighbouring properties must include either balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
27.	Carparking shall be provided within the site generally as shown on plan D17 of 19 dated 7 September 2018 by Mercury Design.
28.	A minimum of 3 covered carpark spaces shall be provided on site.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit. Any damaged, irregular or substandard sections of kerb & channel must be replaced to the reasonable satisfaction of Council.
The site shall be connected to the existing sewerage reticulation system and be constructed in accordance with Unitywater’s standards and requirements/approval of the service provider (Unitywater) at no cost to Unitywater.
40.	The existing sewer main that is located in the adjoining property on the southern side of the site and the ‘zone of influence’ (taken as the area within a 45-degree angle measured from the invert of the sewer main to the finished surface level) shall be accurately located and determined by a licensed Surveyor and shown on all plans submitted for Operational Works approval.
To ensure the sewer main is accessible for maintenance purposes and is protected from risk of damage, no structures requiring a building permit (eg. buildings, retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within this ‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is the greater, unless approved otherwise by the service provider (Unitywater).
The site shall be connected to the existing sewerage reticulation system and in accordance with the requirements/approval of the service provider (Unitywater) at no cost to Unitywater.
All water meters must be located outside the property boundary and in an easily assessable location to facilitate unhindered reading by Unitywater and not behind fences or locked gates. In this regard approval of the water meter configuration and location must be obtained from Unitywater.

44.	For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be served by, otherwise as approved by Unitywater:
44.1. A single Body Corporate water meter to measure the total water consumption (including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
44.2. Individual water meters to each tenement capable of being separately rated, and
44.3. A fire service (fully testable single detector check with metered bypass), where applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Provide easements over sewerage gravity mains located in private land:
in accordance with the South East Queensland Water Supply and Sewerage Design and Construction Code; and
with Unitywater’s most current registered dealing held by the Department of Natural Resources and Mines without alteration or amendment.
Ensure the proposed easement land is cleared of any encroachment.
C.	Delete conditions 4, 6 and 42.
D.	Include the following additional conditions 60, 61, 62, 63 and 64 to read as follows:
0:45.1 Plot Ratio/Gross Floor Area
60. 	The plot ratio and gross floor area of the development must not exceed 0.45:1 and 239.4m2 respectively.
Nature and Extent of Use
The approved duplex development comprises of (2) units with each unit having two (2) bedrooms.
Privacy
62. 	All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Landscaping
63.	An amended landscaping plan shall be submitted to Council that reflects the amended landscaping dimensions as per the approved external works plan D05 of 19 dated 30 October 2018, prior to the issue of an Operational Works approval.
When Conditions must be Complied With
64. 	Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
E.	Amend the approved plans/documents to read as ‘Not applicable’ (included in conditions).
F. 	Delete advisory note 3.
G. 	Include additional advisory notes 8, 9, 10, 11 and 12:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Performance Bond
Where the works include Council assets (construction of new or modifications to existing) a portion of the performance bond will be retained as a “maintenance bond” as described in Council’s Planning Scheme Policy 5 Engineering Design Standards – Roads, Drainage and Earthworks. Alternatively the developer may submit a separate “maintenance bond” at the completion of the works.
The bond amount will be:
5% of the agreed value of the works or
$1500, whichever is the greater amount

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