Minor Change Report 51901.4446.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	51901.4446.01
Development Approval	Material Change of Use for 3 home units
Applicant	V D E Martin
Request Received On	4 October 2019

PROPERTY DETAILS
Property Address	3/2 Belli St Noosa Heads Qld 45672
RP Description	Lot 3 GTP 256
Land Area	676m²
Existing Use of Land	3 units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Semi-Attached Housing zone
Overlays	Natural Hazards Overlay Code – Flood Hazard area and High Potential Acid Sulfate Soils
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to include decking and a swimming pool to the front courtyard of unit 3. A courtyard plan is provided below as Figure 1 and Figure 2 shows an overhead image.

Figure 1 - Courtyard plan showing the deck and swimming pool.

Figure 2 - Aerial image of the subject courtyard showing the existing conditions.

background
A development approval TPC 467 for 3 home units was issued 6/7 October 1974 with an extension to the currency period issued on 21/22 October 1976.
The courtyard is currently paved with some gardens to the perimeter of the lot with 2 mature trees along the western and corner of the lot boundary.
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 application seeks works minor in nature;
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 proposal is for landscaping elements, 2 decks and swimming pool at grade and does not increase the buildings site cover or plot ratio.
The development was originally approved under the 1973 Planning Scheme which did not have any specific provisions for landscaping of multiple dwellings.
The proposal does not change the quantity of landscaping open space, but does not meet the landscaping provisions of the current Noosa Plan. The proposal is increasing the quantity of soft landscaping by including grass area between the proposed decks where currently hard pavement exists and is a general improvement to the open space.
The proposal raises no concern when conditions are imposed to ensure the existing mature trees are retained and a garden is provided to the front boundary to retain the streetscape character.
draft planning scheme
The draft planning scheme provides similar provisions to that of The Noosa Plan.
RECOMMENDATION
With regard to Application No. 51901.4446.01, to make a minor change to an existing approval for decks and a swimming pool situated at unit 3 / 2 Belli St Noosa Heads Qld 4567 described as Lot’s 0 & 3 GTP 256 is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Include the following additional conditions:
Additional Conditions October 2019
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
Sheet 1		Courtyard Plan prepared by Owner and annotated by Council	25/10/2019
The garden and mature trees located along the western lot 3 boundary must be retained including the mature tree in the North West corner.
A garden with a minimum width of 0.5m must be provided along the inside of the front boundary fence from the gate to the eastern lot 3 boundary fence. The garden must consist of at least to 2 small trees.

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