Minor Change Report MCU22 0050.01 · MCU22/0050.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Graduate Development Engineer, Daniel Epps
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0050.01
Development Approval	MCU22/0050
Applicant	Janine Veronica Gibson and Stuart James Gibson
Request Received On	14 November 2022
Report Reviewed By	Mark Lewis – 12 December 2022
Decision Due Date	12 December 2022

PROPERTY DETAILS
Property Address	38 Saltwater Ave Noosaville Qld 456638 Saltwater Ave Noosaville Qld 4566
RP Description	Lot 322 RP 880346
Land Area	0.077 ha
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Acid Sulfate Soils, Flood Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for Material Change of Use and Operational Works – Landing & Jetty. The proposal is to retroactively gain approval for a change in the height of the Landing & Jetty due to concerns regarding longevity due to the height of the revetment wall being lower than originally thought.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Elevations
background
A development approval for a Material Change of Use and Operational Works – Landing & Jetty was approved on 31 May 2022.  The Landing & Jetty that was constructed varied from the approval and the changes were accepted as construction changes.
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;
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 Residential Zone Code
Noosaville Local Plan Code
Waterways Works Code

Assessment
The proposal is to further raise the newly constructed Landing & Jetty due to the revetment wall having a lower R.L than originally thought. The proposal is to ensure the aluminium sub-structure of the Jetty to not permanently rest in the water. The raised level of the Landing & Jetty is considered acceptable because:
no additional load will be placed on the revetment wall
the longevity of the Landing & Jetty will be increased
amenity will not be significantly impacted

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
JSP-SJ-35790	C	Site Plan, Layout Plan & Water Allocation prepared by Edge Consulting Engineers	3 May 2022
JSP-SJ-35791	A	Elevation prepared by Edge Consulting Engineers	10 January 2022
JSP-SJ-35792	C	Jetty Details prepared by Edge Consulting Engineers	3 May 2022
Applicant’s Request
The applicant has requested that Council approve a new plan of the Proposed Pontoon & Catwalk to reflect the construction changes.
Assessment of Request
Council is in support of the proposed change and it is recommended that Condition 1 be amended 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
JSP-SJ-35790	C	Site Plan, Layout Plan & Water Allocation prepared by Edge Consulting Engineers	3 May 2022
JSP-SJ-35791	B	Elevation prepared by Edge Consulting Engineers	19 October 2022
JSP-SJ-35792	C	Jetty Details prepared by Edge Consulting Engineers	3 May 2022

Condition 10
General Conditions
Jetties must have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the revetment wall.
Applicant’s Request
The applicant has not specifically requested this condition to be changed. The proposed change will go above the specified R.L of 1.000 A.H.D.
Assessment of Request
Council is in support of changing Condition 6 to meet newly proposed A.H.D to allow for the aluminium sub-structure of the Jetty to not permanently rest in the water. It is recommended that Condition 6 be amended as follows:
General Conditions
Jetties must have a level-walking surface of R.L 1.295 A.H.D or be level with the top of the revetment wall.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Planning:
Proposal is a minor change application due to the approved Landing and Jetty having not been built in accordance with the original development permit dated 27 May 2022.
Compliance Officer has investigated the matter and provided the photos, see Figure 3 and 4, and resulted in the immediate development application.
The area of variation refers to the deck level above the revetment wall. Figures 1 and 2 show the variation between the original approval and proposed change, 9.5 cm of difference. The changes will ensure that the jetty is independent to the revetment wall.

Figure 1 – Original Approved Plans
Figure 2 – Proposed Changes

Figure 3 – Photograph taken by Compliance Officer 2

Figure 4 – Photograph taken by Compliance Officer 2
No conditions are to vary from the original approval, with the exception   the approved plans provided.
Note: Any structures within the revetment wall setback are to be addressed through RAP20/0025.01.

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. MCU22/0050.01, to make a minor change to an existing approval for Material Change of Use – Landing & Jetty situated at 38 Saltwater Ave Noosaville Qld 456638 Saltwater Ave Noosaville Qld 4566 described as Lot 322 RP 880346, Council on 9 December 2022 decided to:
A.	Approve the change.
B.	Amend conditions 1 & 10 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
JSP-SJ-35790	C	Site Plan, Layout Plan & Water Allocation prepared by Edge Consulting Engineers	3 May 2022
JSP-SJ-35791	B	Elevation prepared by Edge Consulting Engineers	19 October 2022
JSP-SJ-35792	C	Jetty Details prepared by Edge Consulting Engineers	3 May 2022
General Conditions
Jetties must have a level-walking surface of R.L 1.295 A.H.D or be level with the top of the revetment wall.

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