Minor Change Report 51994.1147.03

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Maxwell Potter & Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	51994.1147.03
Development Approval	Multiple dwelling – 8 units
Applicant	Susan Patricia Strachan
Request Received On	8 June 2020

PROPERTY DETAILS
Property Address	Avenal 13 Viewland Dr Noosa Heads Qld 4567 Avenal 7/13 Viewland Dr Noosa Heads Qld 4567
RP Description	Lot 7 BUP 102159
Land Area	220.05
Existing Use of Land	Semi-Attached Housing Code

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads Locality
Zone	Semi Attached Housing Zone
Overlays	Not Applicable
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval TPC 2653 for an already existing pergola on the roof terrace of unit 7. The proposed pergola replaced the existing shade sail without planning permission in 2019. The following images detail the proposed structure and plans.

Figure 2: Proposed roof plan
Figure 1:  Existing Pergola from the Ground Floor of 7/13 Viewland Drive
Figure 1:  Existing Pergola from the Ground Floor of 7/13 Viewland Drive
background
TPC 2653 was approved on 29 April 1994 for the development of multiple dwellings (8 units). The units comprised 6 x 2 and 2 x 3 bedrooms and were contained in two buildings, each with 4 units and separated by landscaping and a communal pool.
The plans allowed for roof top terraces to units 7 and 8, the roof top terrace area is divided into two sections, with a solid brick wall as a divider. Condition 2 of the consent permit required that the pergola on the roof top terrace does not exceed 10% of that area.
The planning report identifies that the proposal was for 2 storey. The 1990 planning scheme excluded a roof terrace from being considered a storey where certain provisions were met however the approved rooftop terrace did not meet those provisions and therefore constitutes a storey. Accordingly the approved development is 3 storeys.
The following images detail the approved plans:

Figure 2: Existing Building Approval (Eastern Elevation 1994)

Figure 3: Existing Building Approval (Roof Plan 1994)

On 12 February 2008 Council approved an amendment which permitted the pergola for unit 8 to significantly exceed the 10% requirement and deleted condition 2. The following image details the plans approved by the amendment.

Figure 4: Approved amended plan (12.02.2008)

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 2006
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code
Semi-Detached Housing Zone Code
Residential Uses 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 substantially different development as the change is for an existing pergola seeking approval. The existing approval is of a similar built form to a previously issued building approval and is therefore considered minor.

Statutory Instruments – Planning Scheme
Building Height
Probable Solution 7.1 of the Noosa Heads Locality Code states that Buildings and other structures have a maximum building height of 8m.
Figure 5 shows the roof of the pergola measured at 8.8 meters above the natural ground level.

Figure 5: Elevations
The proposed development is over 8m above the NGL and is therefore assessed against Specific Outcome 7 of the Noosa Heads Locality Code.
The relevant aspects of Specific Outcome 7 of the Noosa Heads Locality Code are:
Buildings and other structures
Present a building height consistent with structures on adjoining and surrounding land;
…….
do not visually dominate the street or surrounding spaces;

preserve the amenity of surrounding land;
….
respond to the topography of the site by minimising cut and fill (eg. stepping down the site or using a suspended pole construction);
…..
Preserve the amenity of surrounding land;

Whilst the proposed structure exceeds the maximum height requirement it is considered to comply with the relevant aspects of Specific Outcome O7 as:
The original approval permitted a rooftop terrace and the height of the addition is generally consistent with original approval.

The overall height of the original building is 8 metres above ground level, whilst the roof of the pergola for unit 7 slightly exceeds this height limit Figure 5 highlights that the roofline for the pergola is located beneath the highest point of the existing stairwell to access the original outdoor roof terrace for Unit 7. The natural topography and zoning of the land surrounding the subject site indicate a building height consistent with surrounding properties.

The addition of a roof to the roof terrace at Unit 7/13 Viewland will not significantly increase the built form of the building, result in shadows on the surrounding properties or affect the privacy of surrounding land users.

An extension to the original pergola roof for the adjoining roof terrace at unit 8 was approved by Council and it is noted that the proposed roof is consistent with the approved amended roof.

The proposed development of a pergola on the roof terrace of Unit 7 does not visually dominate the street or surrounding spaces. The proposed pergola on Unit 7 is setback 20 meters from the front boundary, 40 meters from Angler Street side boundary and 10 metres from the common side boundary with 19 Viewland Drive. Views of the pergola from the street or surrounding spaces are obstructed by Units 8, 4 and 2. Street trees further mitigate any visual impact. The existing pergola seeking approval does not visually dominate the street or surrounding spaces.

A site inspection has ascertained that the pergola cannot be viewed from the street – both Vielwand Drive and Angler Street.

The proposed pergola can be viewed from properties on surrounding land and therefore may impact visual amenity. Figure 6 depicts the impact of the proposed pergola on visual amenity observed from the property to the north of the site. Further Council received a submission from this property owner with regards to visual amenity. Figure 7 shows the original plans for the eastern elevation which detail a pergola and a block balustrade wall and timber screen which face the adjoining property to the face and partially obscure the views of this property. It is noted the impact on the visual amenity of the neighbouring property is greater than that which was originally approved due to the eastern wall being completely filled. The loss of this view is not supported and a condition is to be included requiring the reduction of this wall so that it is consistent with the extent of wall/screening in the original approval.

The existing pergola seeking approval does not increase the area of rooftop terrace and therefore does not increase opportunities for residents to overlook the private open space areas of neighbouring properties.

Figure 6: View from adjoining property to the east

Figure 7: Approved eastern elevation

The existing built form within Viewland Drive is reflective of the mix of zonings within proximity of the site being Detached, Semi-Attached and Attached Housing Zones located to the south of the site whilst to the north of the site, Viewland Drive consists of Semi-Attached Housing and Attached Housing Zones (Figure 8), therefore the surrounding properties are comprised of buildings with a maximum height limit of 8 or 12 meters and 2 or 3 storeys. Furthermore large street to a height of at least 8 meters are also situated within proximity of the site. The proposed development is consistent with the prevailing built form within proximity of the site.

Figure 8: Zoning of surrounding land - Noosa Plan 2006

cONSULTATION
Referral Agencies
Not Applicable
Other Referrals
Not Applicable
conclusion & reasons for decision
The proposal seeks retrospective approval for a roof terrace which increase the area of the previously approved terrace roof. Whilst the amended roof is generally consistent with the originally approved roof and does not impact the streetscape the extension of the wall to the eastern boundary impacts on the view enjoyed by the neighbouring property to the east. To address this loss of view a condition has been included requiring the wall to be amended so that it is consistent with the original approval.
RECOMMENDATION
With regard to Application No. 51994.1147.03 to make a minor change to an existing approval for Multiple dwelling – 8 units situated at Avenal 7/13 Viewland Drive Noosa Heads Qld 4567 described as Lot 7 BUP 102159, Council on decided to:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled and/or numbered Proposed Patio (by Solar Span – undated), 1, 2, 3 & 4 Dated January 1994 and Sheets 1, 2 and 3 prepared by Mandy’s Design and Drafting dated 5 June 2020, as annotated by Council, and as may be amended by these conditions.
C.	Add additional condition 27 to read as follows:
Within 3 months the wall adjacent to the eastern boundary of the rooftop terrace to Unit 7 must be amended so that it is consistent with the form of the wall approved under the original building approval (Building Permit 666/94 dated 13/07/1994).

D.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016

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