Minor Change Report 51992 539 03 [As Published]

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               1.     PROPOSAL
               The applicant seeks approval to change to an existing development approval by adding an insulted
               patio to each of the existing dwelling. For Unit 19 the patio will have a maximum height of
               approximately 3.6m. Unit 20’s patio will have a maximum height of approximately 3.4m and Unit
               21 will have a patio with a height of approximately 3m. These additions are shown on Plans:
                    - Referenced 2024-177, Drawing No. SD02 Rev A, prepared by SEQ Patio Group, dated
                       25/04/2024
                    - Referenced 2024-177, Drawing No. SD03 Rev B, prepared by SEQ Patio Group, dated
                       13/06/2024
               The locality and proposal plan are included below.




                                                        Figure 1 – Locality




                                              Figure 2 – Site Plan- total area of decks

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1. PROPOSAL

The applicant seeks approval to change to an existing development approval by adding an insulted
patio to each of the existing dwelling. For Unit 19 the patio will have a maximum height of
approximately 3.6m. Unit 20’s patio will have a maximum height of approximately 3.4m and Unit
21 will have a patio with a height of approximately 3m. These additions are shown on Plans:

- Referenced 2024-177, Drawing No. SDO2 Rev A, prepared by SEQ Patio Group, dated
25/04/2024

- Referenced 2024-177, Drawing No. SDO3 Rev B, prepared by SEQ Patio Group, dated
13/06/2024

The locality and proposal plan are included below.

  

=~ See re

ls

G ‘

*\ EXISTING
<DWELLING
\

°_EXISTING\

 

Figure 2 — Site Plan- total area of decks

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Document Set ID: 23255797
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                                       Unit 19 = 21.6m² / Unit 20 = 20.6m² and Unit 21= 15m²
                                                       Figure 3 – Floor Plan




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Unit 19 = 21.6m?/ Unit 20 = 20.6m? and Unit 21= 15m?
Figure 3 — Floor Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Document Set ID: 23255797
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                                                        Figure 4 – Elevations

               2.     BACKGROUND
               A development approval for a Group Housing Development (51 units) TPC 2477 (TPC) was
               approved by Council on 17 December 1992. The TPC includes Approved Plans 9220SK01, SKO3,
               SKO5, SKO6, SKO7, SKO8, SKO9 and SKO10.
               The site has been developed and continues to be used as a residential development in accordance
               with the TPC and approved plans.
               3.     ASSESSMENT
               3.1. 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.
               3.2. 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 use has not
                      changed and the overall building form remains the same;
               •      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.



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1.5° Fall
————
' a
2) = ' 5 &
SI a | a
\ [3 1&5 3
§ | 5
2 Timber Deck | oO
]
¥ 1 4
: 3,000 ‘ 2,800 :
4 Unit 21 West 1:50

Figure 4 — Elevations
2. BACKGROUND

A development approval for a Group Housing Development (51 units) TPC 2477 (TPC) was
approved by Council on 17 December 1992. The TPC includes Approved Plans 9220SK01, SKO3,
SKO5, SKO6, SKO7, SKO8, SKOY and SKO10.

The site has been developed and continues to be used as a residential development in accordance
with the TPC and approved plans.

3. ASSESSMENT
3.1. 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:

e State Planning Policy;

° South East Queensland Regional Plan;

e Planning Regulation 2017; and

° The Noosa Plan 2020.

3.2. 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:

e the development would not result in substantially different development, as the use has not
changed and the overall building form remains the same;
e the change does not include prohibited development;

e 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;

e where the original application was code assessable, the change would not cause the
application to become impact assessable.

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               3.3. Statutory Instruments – Planning Scheme
               The following codes from the Noosa Plan 2020 are applicable to the proposed changes:
               •     TPC 2477;
               •     Noosaville Local Plan Code;
               •     Medium Density Residential Code;
               The below approved plan excerpt (from SKO6) indicates a minimum canal setback of 11.5 metres
               for the north west units. Units 1 & 2 would be setback approximately 12 / 13 metres.
               The original TPC2477 officer’s assessment states that the planning scheme provisions in force at
               time of the approval allows for a minimum setback to the canal of 6.0 metres and site coverage of
               40%. Approved plan SKO6 states the original proposal showed a site coverage of 25% for the 51
               units, which is 3,900m².
               The proposed verandah extensions to Units 19 -21 add 57m² site cover to the overall site cover.
               The previous GIA (5199253901) for similar patio awnings approved in February 2024 added 38m²
               site cover.
               Therefore, the cumulative site cover involving patio awnings for Units 1 & 2, 19 -21 is 3,995m² or
               25.6%. The addition of the patio awnings complies with the maximum allowable site coverage.
               It is noted that minor areas of the lots (most southern areas) are subject to the mapped Flooding
               and Inundation Extent in the Flood Hazard Overlay Map. Discussion with Council’s Development
               Engineer on 24 September 2024, regarding this matter, did not raise any particular concern. The
               areas involve non-habitable portions of the dwelling and the construction method allow for the
               conveyance of flood waters at ground level below the proposed verandahs.




                                       Fig 1 – Approved plan 9220.SK06 (part) showing Units 19 – 21.




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3.3. Statutory Instruments — Planning Scheme

The following codes from the Noosa Plan 2020 are applicable to the proposed changes:
e TPC 2477;

° Noosaville Local Plan Code;

° Medium Density Residential Code;

The below approved plan excerpt (from SKO6) indicates a minimum canal setback of 11.5 metres
for the north west units. Units 1 & 2 would be setback approximately 12 / 13 metres.

The original TPC2477 officer’s assessment states that the planning scheme provisions in force at
time of the approval allows for a minimum setback to the canal of 6.0 metres and site coverage of
40%. Approved plan SKO6 states the original proposal showed a site coverage of 25% for the 51
units, which is 3,900m?.

The proposed verandah extensions to Units 19 -21 add 57m? site cover to the overall site cover.
The previous GIA (5199253901) for similar patio awnings approved in February 2024 added 38m?
site cover.

Therefore, the cumulative site cover involving patio awnings for Units 1 & 2, 19 -21 is 3,995m? or
25.6%. The addition of the patio awnings complies with the maximum allowable site coverage.

It is noted that minor areas of the lots (most southern areas) are subject to the mapped Flooding
and Inundation Extent in the Flood Hazard Overlay Map. Discussion with Council’s Development
Engineer on 24 September 2024, regarding this matter, did not raise any particular concern. The
areas involve non-habitable portions of the dwelling and the construction method allow for the
conveyance of flood waters at ground level below the proposed verandahs.

 

   

Fig 1 — Approved plan 9220.SK06 (part) showing Units 19 — 21.

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                                       Fig 2 – Originally approved development parameters.


               The following codes from the Noosa Plan 2020 are applicable to this development:
               • TPC 2477;
               • Noosaville Local plan code; and
               • Medium Density Residential Code.


               Condition 1
               Submission to and approval by Council of building plans in accordance with the Building
               Act, Council's By-laws and Policies, the conditions of this approval and substantially in
               accordance with plans numbered 9220SK01, SKO3, SKO5, SKO6, SKO7, SKO8, SKO9 and
               SKOIO and the Shire of Noosa Planning Scheme apart from where amendments are required
               or dispensations have been granted in conjunction with this approval.
               Applicant’s Request
               In addition to the approved plans detailed above, it is requested that the submitted plan referenced
               2024-177, Drawing No. SD02 Rev A, prepared by SEQ Patio Group, dated 25/04/2024 be added
               to this condition.
               Assessment of Request
               The proposed patio awnings relating to Units 19 - 21 are substantially in accordance with the with
               plans numbered 9220SK01, SKO3, SKO5, SKO6, SKO7, SKO8, SKO9 and SKOIO and the Shire
               of Noosa Planning Scheme. This condition will be amended, as shown in the recommendation
               below, to include reference to these submitted plans.

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6.0 SCHEME REQUIREMENTS

The applicant proposes to erect 17 X 2 and 34 X 3 bedroom units on the 1.56 ha. site at
Noosaville. It is noted that Council has a policy for group housing developments which states
that any group housing development is to be in keeping with the scale, density and character of
the existing and likely future development in the vicinity of the site. In assessing applications
for group housing developments within the Residential Low Density Zone, applications are to
be consistent with the provisions of the Schedule for a multiple dwelling. A comparison of the
proposal and Scheme requirements is listed in the table below.

 

Criteria Proposal Planning Scheme
Site area 1.56 ha. 600 m? min
Site width 43 metres 15 metres min
Population density 153 persons 187.2 persons max
Gross floor area 6279 m? 7488 m? max
Site cover 25% 40% max
Landscaped open space 9000 m? 6120 m? min
Length of wall 11 metres 15 metres desirable max
Attached units in
one plane 6 units 4 units max
Boundary setbacks
Front (Gibson Road) 8 metres 6 metres min
Side (eastern) 8.5 metres 4 metres min
Canal 6 metres 6 metres min
Building height
in storeys 2 storeys 2 storeys max
in metres 8 metres 8 metres max
Carparking 51 covered 51 covered

26 uncovered 26 uncovered

 

Fig 2— Originally approved development parameters.

The following codes from the Noosa Plan 2020 are applicable to this development:

e TPC 2477;
e Noosaville Local plan code; and
e Medium Density Residential Code.

Condition 1

Submission to and approval by Council of building plans in accordance with the Building
Act, Council's By-laws and Policies, the conditions of this approval and substantially in
accordance with plans numbered 9220SK01, SKO3, SKO5, SKO6, SKO7, SKO8, SKO9 and
SKOIO and the Shire of Noosa Planning Scheme apart from where amendments are required
or dispensations have been granted in conjunction with this approval.

Applicant's Request

In addition to the approved plans detailed above, it is requested that the submitted plan referenced
2024-177, Drawing No. SD02 Rev A, prepared by SEQ Patio Group, dated 25/04/2024 be added
to this condition.

Assessment of Request

The proposed patio awnings relating to Units 19 - 21 are substantially in accordance with the with
plans numbered 9220SK01, SKO3, SKO5, SKO6, SKO7, SKO8, SKOY and SKOIO and the Shire
of Noosa Planning Scheme. This condition will be amended, as shown in the recommendation
below, to include reference to these submitted plans.

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               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               5.     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 Nos. 51992.539.02, 51992.539.03 and 51992.539.04, to make a minor
               change to an existing approval for TPC 2477 situated at The Entrance 19/67, 20/67 and 21/67
               Gibson Road, Noosaville Qld 4566 on Lots 37, 39, 40 GTP 100813, Council on 10 October 2024
               decided to:
               A.     Approve the change.
               B.     Amend Condition 1 to read as follows:
               Submission to and approval by Council of building plans in accordance with the Building Act,
               Council's By-laws and Policies, the conditions of this approval and substantially in accordance with
               plans numbered 9220SK01, SKO3, SKO5, SKO6, SKO7, SKO8, SKO9, SKOIO, Site Plan
               referenced 2024-177 SD02 Rev A, prepared by SEQ Patio Group, dated 25/04/2024, Elevations
               referenced 2024-177 SD03 Rev B, prepared by SEQ Patio Group, dated 13/06/2024 and the Shire
               of Noosa Planning Scheme, apart from where amendments are required or dispensations have
               been granted in conjunction with this approval.




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4. CONSULTATION

4.1. Referral Agencies

Not applicable

5. 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 Nos. 51992.539.02, 51992.539.03 and 51992.539.04, to make a minor
change to an existing approval for TPC 2477 situated at The Entrance 19/67, 20/67 and 21/67
Gibson Road, Noosaville Qld 4566 on Lots 37, 39, 40 GTP 100813, Council on 10 October 2024
decided to:

A. — Approve the change.
B. | Amend Condition 1 to read as follows:

Submission to and approval by Council of building plans in accordance with the Building Act,
Council's By-laws and Policies, the conditions of this approval and substantially in accordance with
plans numbered 9220SK01, SKO3, SKO5, SKO6, SKO7, SKO8, SKO9, SKOIO, Site Plan
referenced 2024-177 SD02 Rev A, prepared by SEQ Patio Group, dated 25/04/2024, Elevations
referenced 2024-177 SD03 Rev B, prepared by SEQ Patio Group, dated 13/06/2024 and the Shire
of Noosa Planning Scheme, apart from where amendments are required or dispensations have
been granted in conjunction with this approval.

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