Minor Change Report 132002.220254.1

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar (previously Glen Conforti)
Development Assessment

APPLICATION DETAILS
Application No.	132002.220254.1
Development Approval	Material Change of Use (modification to boundary setback for a dwelling and pool)
Applicant	Caloundra Building Approvals Pty Ltd
Request Received On	22 January 2019

PROPERTY DETAILS
Property Address	Noosa Close 4 Tangmere Ct Noosa Heads Qld 4567
RP Description	Lot 4 GTP 2841
Land Area	801.52
Existing Use of Land	Dwelling and pool

STATUTORY DETAILS
4SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Detached Housing
Assessment Type	Minor Change to Development Approval

PROPOSAL
The subject site is situated on the eastern side of Noosa Close, a Group Title Estate situated off Toulambi Street, Noosa Heads.  The application seeks approval to change 132002.220254 (22763 DA) to permit an extension to an existing pool deck.

The setbacks within the group housing development allowed for 1.5 m setback to be provided to internal boundaries, except the southern boundary which allowed for 2 metres and 6m to any external boundary (a non-group housing boundary).  The extension to the deck, is setback 0.5 metres to the northern boundary in lieu of the 1.5m requirement and is 11m2.

background
The Noosa Close is a group title estate for which this site is situated, was approved under TPC 2214 in 1989.
There have been a number of applications for reduced setbacks over the years over for some of the lots within the group title subdivision.
The subject site received an approval for the dwelling and pool area which was issued 6 June 2002 (DA22763).  This included a relaxation of the rear setback to accommodate the dwelling and a relaxation of the northern boundary setback to accommodate the pool. Refer to the below Figure. It is important to note that the Planning report for this application did not discuss the pool setback, however the approved plans clearly show the pool on the northern boundary. The pool has been constructed as per the approved plans.

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.
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 considered 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
Condition 2 of the group title approval requires a 1.5m setback to boundaries to other group title lots (or 2m to southern boundary) and a 6m setback any external boundary (the rear boundary in this instance).
Condition 1
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled Site Plan and dated 6/6/02 and as may be amended by these conditions.
Applicant’s Request
The applicant requests:
The proposed pool deck is required to be built 500mm to the OMP from the side boundary. The proposed deck addition will be constructed of materials which are comparative to other structures in the area and will have minimal effect on the aesthetic of the surrounding allotments. The neighbouring property, in which this proposal is closest to will not be affected in regards to light and ventilation to the adjoining property and this particular structure has been considered in that our owner wishes to setback some 500mm from the property boundary providing substantial separation from the adjoining property. These properties in consideration can be heavily vegetated and the proposed dwelling will be limited in vision from the street scape therefore minimising the impact on passing traffic. Extra vegetation will be added if required to act as a buffer from the neighbour’s property boundary.
Assessment of Request
The applicant has provided Body Corporate consent for the proposed setbacks. It is noted that the pool and deck (approved in 2002) is located on the northern boundary. The extension to the deck extends westwards, and is proposed to be setback 0.5 metres (in lieu of 1.5m) from the northern boundary for a length of 2.4m.  This results in the deck being 5.5m from the front boundary. An additional condition will be placed on the approval to provide for some landscaping adjoining the deck extension, which will soften the new built form.
Agree to change Condition 1 to include the deck extension plans to read as follows (changes in bold):
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled Site Plan and dated 6/6/02, Site Plan, Ground Floor Plan, Lower Floor Plan, Elevations 1 & 2, 3D Perspective, drawn by Tony Walton Designs dated 19/10/18 and as may be amended by these conditions

draft planning scheme
The site retains the same zoning in the draft Planning Scheme (2019). Setbacks are as per the Group Title subdivision.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The deck extension is around 11m2 in additional area and is minor in nature. Body Corporate approval has been obtained. The proposal is supported and it is recommended to change Condition 1 to reflect the proposal and include a landscaping condition to assist in softening the built form.
RECOMMENDATION
With regard to Application No. 132002.220254 to make a minor change to an existing approval for Material Change of Use (modification to boundary setback for a dwelling and pool) situated at Noosa Close 4 Tangmere Ct Noosa Heads Qld 4567 described as Lot 4 GTP 2841, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on decided to:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
1.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled Site Plan and dated 6/6/02, Site Plan, Ground Floor Plan, Lower Floor Plan, Elevations 1 & 2, 3D Perspective drawn by Tony Walton Designs dated 19/10/18 and as may be amended by these conditions.
C.	Include the following additional conditions:
5.	The area between the deck extension and the northern boundary must be densely landscaped so as to soften the built form.

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NORTHERN ELEVATION (1) vaa1so9