Minor Change Report MCU19 0008.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	External Consultant
Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	MCU19/0008.01
Development Approval	MCU19/0008 (Dwelling house)
Applicant	Andrew Peter Douglass
Request Received On	24 February 2022
Further Advice Request	20 April 2022, 15 July 2022
Further Advice Response	26 May 2022
Report Reviewed By	Patrick Murphy 09.08.2022
Decision Due Date	24 March 2022

PROPERTY DETAILS
Property Address	22 Arakoon Cres Sunshine Beach Qld 4567
RP Description	Lot 793 RP 48111
Land Area	607.34 metres square
Existing Use of Land	Previously residential, currently vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Acid Sulfate Soil Coastal Protection Landslide Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval. The development permit was issued on 11 June 2019, for the purpose of a Dwelling House under the Noosa Plan (8 June 2018).
The proposed dwelling will consist of 3 levels, including a three storey element and basement. The applicant has proposed to build to the front and side
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan – Level 1 (street)

Figure 4 – Floor Plan – Ground

Figure 5 – Floor Plan – Lower Level (Beach)

Figure 6 – Building Elevation – West (street)

Figure 7 – Building Elevation – East

Figure 8 -Building Elevation – South

Figure 9 – Building Elevation – North

Figure 10 – Building Section AA

Figure 11 – Building Section BB

Figure 12 – Building Section CC

Figure 13 – Building Section DD

Figure 14 – Building Section EE

Figure 15 – Buildings Footprint Comparison

Figure 16 – Building Height Compliance

Figure 17 – Previously Approved Site Plan

background
A development approval for a Dwelling House was approved on 11 June 2019. Table 1 summarises the proposed compliances and non-compliances of the previously approved Dwelling House.
The existing dwelling on the premises at the time of approval has since been demolished.
Table 1: Previously Approved Dwelling’s Development Parameters
Criteria	Planning Scheme	Proposal	Complies
Site cover	50/30% or 40/40%	33 & 34	
Landscaped open space & Soft landscaping Landscaping Setbacks	151.83 m² min	> 200m²	
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Boundary setbacks Frontage Side (northern) Side (southern) Rear	6 metres min 1.5/2.0/2.5 metres min 1.5/2.0/2.5  metres min 15 metres min (Coastal overlay code)	1 metre 1.5 metres 1.5/2.0 metres (lift well at 0.3m and balustrade height only) 15 metres (with exception to 3 metre cantilevered deck)	X X X
Length of wall	15 metres max	< 15 metres	
Carparking	1 covered min	2 covered and scooter	
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 it is not introducing a new 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 Residential Zone Code;
Low Density Housing Code;
Works Codes;
Coastal Protection Overlay Code.
Criteria	Planning Scheme	Proposal	Complies
Site cover	45% max	32/32.4%	
Landscaped open space Soft landscaping Landscaping Setbacks	m² min min 60% of total	TBC	
Building height storeys metres	2 storeys max 8 metres	3 storeys 8 metres from NGL RL33000	X
Boundary setbacks Frontage Side (north) Side (south) Rear	6 metres min 1.5/2.0/2.5 metres 1.5/2.0/2.5 metres 12/15 metres (coastal)	BTB metres BTB garage 2 metres (UL) 12/15 metres	X X X
Length of wall	15 metres max	<15 metres	
Carparking	2 covered min	2 covered 1 uncovered	

The applicant seeks to amend Conditions 2, 3 and 6 of the development permit.
Condition 2 – Approved Plans
The proposed minor change results in a new Dwelling House and therefore all plans approved are required to be changed to reflect the new proposal.
Assessment of Request
Setbacks
The proposal does not comply with the acceptable solutions for setbacks in relation to the garage being setback 0.4m from the front boundary and the entry courtyard (covered by pergola) is setback 0m to the front boundary.  Both structures are also built to the side boundary.  Therefore, the proposal is assessable against PO9
PO9 Buildings and structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy and access to sunlight;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs and outdoor living;
be consistent with the predominant character of the streetscape; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.
Front Setback
The proposed new garage is setback 0.5m from the front boundary and adjacent to the garage is the covered pergola area utilised for entrance to the building and an additional parking space.  The width of the two structures extends from side boundary to side boundary.  The garage architectural design includes timber vertical slates as doors and a parapet with roof garden /landscaping on top.  The pergola is an open structure with lightweight materials and includes landscaping elements within its frame.   The two structures offset the main dwelling roof which sits behind the structures presents variation in roof lines and provides visual interest to the main façade of the dwelling.  The reduced setback is unlikely to impact on amenity of adjoining premises as the neighbouring properties also have garages within the front setback area.   The garage will not unreasonably obstruct views as the neighbouring properties across the road sit at a higher elevation and privacy is maintained.
The streetscape includes several garages and the like built within the front setback area, due to the topography of the site within the street.    Therefore, the proposal is consistent with the streetscape and is considered to comply with PO9 in relation to the proposed reduced front setback.

Figure 18  – Street elevation
Side Setback
The proposed garage and pergola area also have a reduced setback to the southern side boundary of 0m.   The garage wall which includes a bin enclosure and is built to the boundary at a height of 3.4m above natural ground level and the pergola area has a height of approximately 2.7m.
The reduced setback is not anticipated to impact on the adjoining properties amenity as the site boundary adjacent to the garage includes a public access path and the side boundary adjacent to the pergola includes a garage built to boundary.   Therefore, there is not expected to be an impact on privacy, nor is there the access to sunlight expected to negatively impacted.  The built to boundary provisions is consistent with other garages and entries within the streetscape and therefore the proposed side boundary setbacks are considered to comply with PO9.
Site cover
The Site cover complies with the 40% requirement and is slightly lower than the previously approved dwelling which spread into two wings across the site.
The proposal is generally complaint with the requirements of the Noosa Plan (building height is further discussed below) and therefore the request to change the approved plans is supported.

Condition 3 – Building Height and Storeys
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Applicant’s Request
The applicant seeks to amend the condition to remove reference to the finished ground level.
The development does not exceed the overall height limit of 8 metres from natural ground, some sections of the building exceed 8 metres in height from finished ground, due to the cut occurring within the site required to demolish the existing house and associated pool structure.
Irrespective, the scale and bulk of the built form is consistent with large Dwelling Houses which seek to capitalise on high value land adjacent to Sunshine Beach. Further, given the slope of the site, the built form appears as a single storey Dwelling from the street and therefore does not visually dominate the street or the existing skyline.
It is also noted that, due to the north-south slope of the surrounding land, the proposed Dwelling is located at a lower topography than the adjoining site to the south and matches the height of the Dwelling to the north over the walkway, preserving the amenity of surrounding land, including access to sunlight and breezes. Overall, due to the context of the site, adjoining a walkway to the north and a similar scaled built form to the south, the development consistent with structures on adjoining and surrounding land.
Assessment of Request
The proposal does not comply with:
AO7.1 Buildings and structures are no more than 8 metres  in building height and do not exceed 2 storeys.
AO7.2 Where excavation is required, the maximum portion of the exposed external façade of the building cannot exceed 8m in building height.
As the rear of the building involves excavation to include a basement level, the building exceeds the 8m height limit from finished ground level on the southern and northern elevation where back fill has been limited to provide basement windows (on southern façade) and a covered outdoor areas on the northern elevation. The ‘covered outdoor area’ as shown on the lower level floor plan, introduces a three storey element.
The proposed building presents as a two-storey high building from the street (see street view below), with a 3rd storey element at the rear of the building.  The existing ground level slopes down from the frontage to the rear of the site.  The design is therefore required to respond to the topography of the site and excavation of the site is consistent with the design of adjoining and surrounding lots which also step down the sloping sites. This results in some sections exceeding the 8m from finished ground level. However overall the building presents as predominately a two storey dwelling, with a third storey element at the north-eastern building, and remains under the 8m from natural ground level height requirement as demonstrated in figure 19 below.

Figure 19: 3D image 8m natural ground level height limit.

The proposal does not visually dominate the street or surrounding area utilising architectural design to provide visual breaks and complements the landform.  The proposal does not impact views or lead to overshadowing of neighbouring properties as it complies with setback requirements and height limits, the proposal is considered two storeys and therefore complies with PO7 of the Low Density Residential Code.   Therefore it is a agreed to amend the condition at the applicants request.

Condition 6 – Built Form
No structures or buildings are to be located within the 15 metre setback to the eastern boundary.
Applicant’s Request
This condition is contradictory to the approved plans which clearly show a balcony on the upper level that is setback 12 metres from the rear boundary. The proposed new design comprises a similar outcome, with the only built form component that is located seaward of the costal building line (15m setback) being the mid level balconies that are setback 12.8 metres from the rear boundary. This built form component is considered appropriate on the basis that the balcony does not seek to locate any footings or support posts in the ground seaward of the coastal building line (15m setback). As such, the intent behind the setback requirement is upheld in the design. Further, as stated above, the proposed development has already been conditioned to comply with Table 13.20 Coastal Protection Areas of the Natural Resources Overlay Code, and therefore is provided an exception to the setback rule under Table 1-2—Exceptions for specific premises of Schedule 1 – Minimum Boundary Setbacks for Buildings and other Structures. It is therefore requested that Condition 6 be deleted from the Decision Notice as part of the change approval.
Assessment of Request
The Coastal Protection overlay allows for an uncovered, cantilevered deck only to encroach on this space at a maximum of 3 metres wide. The proposed development is setback 15 metres from the rear property boundary, with the exception of an uncovered, cantilevered deck which is setback 12 metres.
Where there is conflict between the approved plans and conditions, the condition prevails. The condition will be amended for clarity however the condition remains relevant and is to remain.

Acceptable outcome AO17.1 requires boundary fences and walls to be designed to allow casual surveillance form the property to the street and any adjoining public spaces.
In response to the above outcome, it is proposed that a window and batten fencing along the northern boundary (where common with a public pathway) will be provided. A condition will be imposed for the proposed design options as shown on Plan DA-09 to be provided, see below Figure.

Figure 20: Design measures to allow for casual surveillance to the pathway
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator Engineering – Mark Lewis
Conditions as recommended.
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. MCU19/0008.01, to make a minor change to an existing approval for a Material Change of Use – Dwelling House situated at 22 Arakoon Crecent, Sunshine Beach Qld 4567, described as Lot  793 RP 48111, Council on 9 August 2022 decided to:
A.	Approve the change.
B. 	 Amend conditions 2, 3, 5, 6, 7, 14, 25 & 26 to read as follows:
Approved Plans
2.	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.	Issue	Plan/Document Name	Date
DA02	J	Site Plan, drawn by Claredesign	31.01.22
DA03	Q	Floor Plan - Level 1, drawn by Claredesign	31.01.22
DA04	Q	Floor Plan - Ground, drawn by Claredesign	31.01.22
DA05	Q	Floor Plan - Lower Level, drawn by Claredesign	31.01.22
DA06	N	Building Elevation – West (street), drawn by Claredesign	31.01.22
DA07	N	Building Elevation- East, drawn by Claredesign	31.01.22
DA08	P	Building Elevation - South, drawn by Claredesign	31.01.22
DA09	N	Building Elevation - North, drawn by Claredesign	31.01.22
DA10	P	Section AA, drawn by Claredesign	31.01.22
DA11	P	Section BB, drawn by Claredesign	31.01.22
DA12	P	Section CC, drawn by Claredesign	31.01.22
DA13	P	Section DD, drawn by Claredesign	31.01.22
DA14	N	Section EE, drawn by Claredesign	31.01.22
Building Height and Storeys
3.	The maximum height of the development must be in accordance with the approved plans and not exceed 8 metres above the natural ground level.
5. 	The dwelling must be backfilled in accordance with the approved plans, except where identified as a ‘covered outdoor area’.
Built Form
No structures or buildings are to be located within the 15 metre setback to the eastern boundary, except where uncovered, unenclosed cantilevered balconies that do not extend greater than 3 metres seaward of the coastal building line.
Performance Bond
7.      Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Site Access and Driveways
14. 	A sealed access driveway must be provided from Arakoon Crescent to all parking areas of the development. The works must be undertaken in accordance with an Operational Works application and be generally in accordance with the approved plans and Council’s standard drawing RS-050 and any associated addendum.
Geotechnical Stability
25.   	All works must be carried out in accordance with the recommendations of the Geotechnical Stability Assessment prepared by Pacific Geotech Consulting Geotechnical Engineers and dated 18 May 2022, Ref No. PG-2096 (V.4).
26.   Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in Geotechnical Stability Assessment prepared by Pacific Geotech Consulting Geotechnical Engineers and dated18 May 2022, Ref No. PG-2096 (V.4). *(Refer to advisory Note)
C.	Include additional condition 27.
27. 	Design measures for the fence and the garage window, are to be provided as shown on the Northern Building Elevation Plan DA-09.

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