Minor Change Report 51993.620.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Contract Planner, Ben Thrower
Development Assessment

APPLICATION DETAILS
Application No.	51993.620.01
Development Approval	Multiple dwelling (5 units)
Applicant	Body Corp - Sea Vista Noosa Cts 18209
Request Received On	20 March 2019

PROPERTY DETAILS
Property Address	Sea Vista Noosa 11 Tingira Cres Sunrise Beach Qld 4567  11 Tingira Cres SUNRISE BEACH  QLD  4567
RP Description	Lot 0 BUP 100349 No related Land
Land Area	800m²
Existing Use of Land	Multiple dwelling (5 units)

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Eastern Beaches
Zone	Attached Housing
Overlays	Nil
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change a condition of an existing development approval for Multiple dwelling (5 units).
The change sought includes changing Condition 7 from:

“Any fencing provided in conjunction with the development is to be setback an average of two (2) metres to any road frontage pursuant to clause 36 (6) (c) of the Schedule to the Planning Scheme.”
To Council’s corresponding and current standard fencing conditions:

‘Any fencing must be setback an average of 1 metre to any road frontage. Any fencing on the road frontage boundaries must either:
Not exceed a maximum height of 1.2m
Be of open construction.’
AND
‘The area of land between the fence and any road frontage must be densely landscaped to screen any fencing from the street.’
The original proposal included changes to the existing plans, which included a new fence setback 0.5m from the front boundary for a length exceeding 5m.  In response to concerns raised about non-compliance with the Eastern Beaches Locality Code’s fencing provisions, the applicant agreed to alternatively accept a change to the existing conditions.   Following approval of this application, the applicant will subsequently design a new front fence in accordance with the new conditions.
The locality aerial image is included below (Figure 1).

Figure 1: Locality Plan
background
A development approval for Multiple dwelling (5 units) was issued on 30 November 1993.   The development appears to have been construction in accordance with the development permit.
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:
Eastern Beaches Locality Plan
Residential Uses Code;
Engineering Works Code; and
Landscaping Code.
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 a substantially different development as is seeks a change to the existing fencing condition only;
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 subject site is located in the Eastern Beaches Locality and is zoned Attached Housing. The proposed use is defined as consistent use with the zone and is required to follow a minor change application process.
The development has been constructed in accordance with the development permit.
The change sought includes changing Condition 7 from:

“Any fencing provided in conjunction with the development is to be setback an average of two (2) metres to any road frontage pursuant to clause 36 (6) (c) of the Schedule to the Planning Scheme.”
To Council’s corresponding and current standard fencing conditions:
‘Any fencing must be setback an average of 1 metre to any road frontage. Any fencing on the road frontage boundaries must either:
not exceed a maximum height of 1.2m
be of open construction.’
AND
‘The area of land between the fence and any road frontage must be densely landscaped to screen any fencing from the street.’
The proposed change to the condition is consistent with Council current standard fencing conditions that would otherwise apply if the whole development was reassessed under the current Noosa Plan.
draft planning scheme
The draft New Noosa Plan provisions are similar to the current Planning Scheme and therefore no change to the assessment outcome would result from the new Noosa Plan.
cONSULTATION
Referral Agencies
Nil
Other Referrals
Nil
conclusion & reasons for decision
The proposed change to Condition 7 generally complies with the requirements of the planning scheme and does not raise any significant issues. 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. 51993.620.01, to make a minor change to an existing approval for Multiple dwelling (5 units) situated at Sea Vista Noosa 11 Tingira Cres Sunrise Beach, described as Lot 0 BUP 100349 is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Amend Condition 7 to read as follows:
Condition 7:
a) Any fencing must be setback an average of 1 metre to any road frontage. Any fencing on the road frontage boundaries must either:
not exceed a maximum height of 1.2m
be of open construction.
b) The area of land between the fence and any road frontage must be densely landscaped to screen any fencing from the street.

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