MCU13-0080.01 Delgated Report · MCU13/0080.01

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	MCU13/0080.01
	
Author:	Jack Lewis - Development Planner

APPLICATION DETAILS
Application Number:	MCU13/0080.01
Applicant:	The Certifier Pty Ltd
Request Received Date:	17/06/2014
Original Approval Type:	Development Permit for Material Change of Use - Multiple Housing Type 4 Conventional (3 units)
Number of Submissions for Original Application:	1 not properly made submission

PROPERTY DETAILS
Property Address:	18 Sunseeker Cl NOOSAVILLE  QLD  4566
RP Description:	Lot 67 RP 842163
Land Area:	931m2
Existing Use of Land:	Vacant

STATUTORY DETAILS
Planning Locality:	Noosaville Attached Housing
Planning Zone:	
Assessment Type:	Change to Approval

PROPOSAL:
The application seeks approval to change condition 10 to allow the visitor carparking space to be allowed behind a locked gate.
[Note: state the specific IDAS components of the application (eg. a Development Permit for Material Change of Use (Office)).

BACKGROUND:
A Development Permit for Material Change of Use - Multiple Housing Type 4 Conventional (3 units) was approved on the 11 July 2013. At the time the original application was publicly notified, and 1 not properly made submission was received.  The submitter sought advice about the proposal’s height, setbacks and access. The submitter was referred the proposal plans for the application, which clarified all issues.Note: insert very brief summary of submitter issues.
Note: Provide discussion of known background information leading to the lodgement of the current application (if any), and any site history of general interest and context to the application

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that the change would not result in a substantially different development because:
Note: provide reasons
The change would not require the application to be referred to additional concurrence agencies;
The original application was impact assessable and the proposed changes would not likely cause a person to make a properly made submission; and Note: provide reasons
The change would not cause the approval to involve prohibited development.

On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:
The applicant proposes to change condition 10, which refers to the visitor car parking space not being located behind locked gates. The existing condition reads:

10. All visitor car parking spaces must be accessible and not be located behind locked gates.

The applicant requests a change to the condition, to allow one visitor's car parking bay to be located inside the unit complex thus behind the electric gate, just like the property next door at 16 Sunseeker Cl. The applicant also suggests the layout would also facilitate use of the storage area for the wheelie bin enclosure, behind the gate.

There are no specific provisions requiring visitor carparking spaces to be located on the road side of locked gates. Rather, Specific Outcome O51 of the Noosaville Locality Code requires front fences and walls are compatible with the existing streetscape character. The surrounding unit developments within Sunseeker Close include the visitor carparking bays on the development side of front gates. As a result, Council agrees with the applicant’s request, with condition 10 to be deleted.
Note: Provide an assessment of the proposal, including an assessment of whether the proposed changes comply with the planning scheme provisions that were in effect at the time the original application was made, with appropriate weight given to the current planning scheme provisions (refer to SPA).  Also, your assessment must look at the degree of change from the first, original approval, not just the difference between the current proposal and the last change that was done.  The assessment must also consider the submissions that were made during the original application

RECOMMENDATION

APPROVE the request to change a development approval, Application No. MCU13/0080.01, situated at 18 Sunseeker Cl, NOOSAVILLE in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to:
Note: delete the items which are not applicable

A.	Delete Condition 10Note: insert condition numbers

Note: Provide a list of all amended conditions and approved plans as they would appear on the new Decision Notice (ie. with no track changes displayed)

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FM1517s/4-22/06/2013