Minor Change Report MCU16 0138.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Contract Planner, Ben Thrower
Development Assessment

APPLICATION DETAILS
Application No.	MCU16/0138.02
Development Approval	Development Permit for Material Change of Use of Premises - Multiple housing Type 2 - Duplex x 2 Development Permit for Operational Work (Earthworks, Stormwater, Access, Carparking & Landscaping).
Applicant	Jason Rodney Payne, Susan Patricia Payne and Amritash Rai
Request Received On	30 August 2019

PROPERTY DETAILS
Property Address	111 Gympie Tce Noosaville Qld 4566 113 Gympie Tce Noosaville Qld 4566
RP Description	Lot 18 RP 66590 Lot 18 RP 66590
Land Area	1,342.79m²
Existing Use of Land	Vacant (2 x Duplex’s under construction)

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosaville
Zone	Attached Housing Zone
Overlays	Natural hazards Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks retrospective approval to change Condition 4 of an existing development approval to allow an increased height of 110mm to a maximum of 8.71m height (i.e. above the previously conditioned at 8.6m height limit).  The change sought is relevant to only one of the two duplex’s currently under construction, being the western duplex located at 111 Gympie terrace.
The change is sought in response to a height survey that determined the constructed roof height is at 8.71m above natural ground level.
In response to discussions with the applicant’s representative, the applicant has advised that they will accept a condition of development requiring the number of new planted street streets to increase from 2 to 4 trees so to assist screening the built forms bulk when viewed from the street frontage.
An aerial image of the site, plans, and a site photo are contained as Figures 1 - 5.

Figure 1 – Aerial image of the site and the subject development under construction

Figure 2 – Approved North Elevation

Figure 3 – Approved Section Plan

Figure 4 – Approved Landscape Plan

Figure 5 – Panoramic Photo of the development under construction
background
On 6 May 2017, Council issued a development approval for 2 x Multiple Housing Type 2 – Duplex and associated Operational Works.  The approval included a condition of development allowing a maximum height of 8.6m above the finished and natural ground levels so to achieve a minimum floor level of 2.77m AHD for flood immunity purposes (refer to Figures 2 and 3).  The height blanket plan illustrates the approved protrusions above 8m height from natural ground level (refer to Figure 6).
The approved Landscape Plan provides for the front fence setback 1m from the front boundary and extensive planting in front and behind the fence, including a 200l Pandanus in the yard fronting the property and two 45l Acmena smithii with the road reserve, fronting the site (refer to Figure 4).

Figure 6 – 3d Site Height Blanket – 8m from Natural Ground Level
On 14 November 2017, Council issued a minor change to the existing approval to allow an additional 3.35m2 of gross floor area resulting from internal changes to the duplex development at 111 Gympie Terrace (refer to Figure 7).   The additional floor area resulted in the development having a combined gross floor area of 324.65m2, which remained below the maximum plot ratio for the site of 0.45:1 (i.e. equivalent to a GFA of 327.6m²).

Figure 7 – Approved Plan illustrating changes to the duplex located on 111 Gympie Terrace
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:
Noosaville Locality Code;
Residential Uses Code;
Engineering Works Code;
Landscaping Code; and
Natural Hazards Overlay 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 use type does not change and there is no increase in site density and site cover;
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 subject site is located in the Noosaville Locality and is zoned Attached Housing. The proposed use is identified as a consistent use and found to generally comply with all applicable statutory instruments other than the 8.6m maximum height provision which is addressed below:
Existing Condition
Building Height
“The maximum height of the development must not exceed 8.6 metres above the finished ground level and the natural ground surface.”
Applicant’s Request
The applicant has requested Condition 4 is changed to allow a maximum building height of 8.71m as follows:
‘The maximum height of the development at 113 Gympie Terrace, Noosaville must not exceed 8.6 metres above the finished ground level and the natural ground surface.  The maximum height of the development at 111 Gympie Terrace, Noosaville must not exceed 8.71 metres above the finished ground level and the natural ground surface.’
Assessment of Request
The proposed height increase of 0.11m, being 0.71m above the Noosa Plan’s maximum 8m building height provision is considered reasonable on the basis the original approval allowed a maximum height of 8.6m so the development could achieve the minimum floor level of 2.77m AHD, i.e. being in response to the site’s topography.  Further, the additional 0.11m is located centrally to the property side boundary (i.e. over 5m from the western boundary) and 7.5m from the front boundary, hence the addition height is unlikely to cause shadowing and/or adverse amenity impacts on the surrounding land.
While the overall additional height adds to the building bulk when viewed from Gympie Terrace, the applicant has confirmed that they will accept a condition of development requiring an additional two (2) street trees (i.e. six (4) street trees in total) to be planted in the road reserve fronting the site.  The additional trees, in combination of the vegetation to be provided under the approved landscape plan, will contribute to reducing the visual dominance of the development to the street.
On this basis, it is recommended the change is approved subject to the inclusion of the following conditions:
Condition 4 – Building Height
The maximum height of the development must not exceed 8.6 metres above the finished ground level and the natural ground surface.
‘The maximum height of the development at 113 Gympie Terrace, Noosaville must not exceed 8.6 metres above the finished ground level and the natural ground surface.  The maximum height of the development at 111 Gympie Terrace, Noosaville must not exceed 8.71 metres above the finished ground level and the natural ground surface.’

New Condition - Landscaping
Two additional street trees (i.e. four street trees in total) must be planted between the front fence and the back of kerb in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The street trees must have a minimum pot size of 45 litres and consist of native, local species (for example, Elaeocarpus reticulatus, Acmena smithii,  Cupaniopsis anacardioides).
draft planning scheme
The draft New Noosa Plan provisions are similar to the current Planning Scheme and therefore no change to the assessment outcome would result from the new Noosa Plan.
cONSULTATION
Referral Agencies
Nil
Other Referrals
Nil
conclusion & reasons for decision
The proposed change to the development is considered to generally comply with the original approved development 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 No. MCU16/0138.02, to make a minor change to an existing approval for ‘Development Permit for Material Change of Use of Premises - Multiple housing Type 2 - Duplex x 2’ and ‘Development Permit for Operational Work (Earthworks, Stormwater, Access, Carparking & Landscaping)’, situated at 111 Gympie Tce Noosaville Qld 4566113 Gympie Tce Noosaville Qld 4566  described as Lot  Lot 18 RP 66590, Lot 18 RP 66590, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Amend condition 4 to read as follows:
Building Height
4.   The maximum height of the development at 113 Gympie Terrace, Noosaville must not exceed 8.6 metres above the finished ground level and the natural ground surface.  The maximum height of the development at 111 Gympie Terrace, Noosaville must not exceed 8.71 metres above the finished ground level and the natural ground surface.

C.	Include the following additional condition 66:
Additional Condition – (17 September 2019)
Landscaping
66. Two additional street trees (i.e. four street trees in total) must be planted between the front fence and the back of kerb in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The street trees must have a minimum pot size of 45 litres and consist of native, local species (for example, Elaeocarpus reticulatus, Acmena smithii,  Cupaniopsis anacardioides).

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