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Minor Change Report 51995.1534.02

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APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	51995.1534.02
Development Approval	Multiple Dwelling – 6 Units
Applicant	Body Corporate - Casa Romana CTS15704, Hugh Stuart McInnes and Angelique Nadia Sweetman McInnes
Request Received On	10 May 2022
Report Reviewed By	Patrick Murphy 23 June 2021

PROPERTY DETAILS
Property Address	Casa Romana 5/6 Advance Pl Sunrise Beach Qld 4567
RP Description	Lot 5 BUP 104876
Land Area	1400m2 73m2 (Unit 5)
Existing Use of Land	Multiple Dwellings

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential Zone Code
Precinct	Not applicable
Local Area Plan	Coastal Communities Local Plan
Overlays	Not Applicable
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to construct an unenclosed roofed patio extending off unit 5.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
background
A development approval for Multiple Dwellings (6 Units) was approved on 29 June 1995.
A minor change application for an unenclosed roofed patio extending from unit 6 was approved on 21 January 2022.
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; and
The Noosa Plan 2020.
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 addition is 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 matters 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 following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Coastal Communities Local Plan Code;
Works Codes.

Applicant’s Request
The proposed minor change seeks approval for roofed patio structure within the rear yard of unit 5. The proposed roofed patio has dimensions of 3m x 4.85m and is 2.7 metres high.
Assessment of Request
The proposed roofed patio is a lightweight open structure situated at the rear of unit 6. The roofed patio is 14.55m2 and will subsequently increase site cover by 1.5%. The proposal will increase the total site cover to 476m2 (34%), which complies with site cover requirements as per the Medium Density Residential Zone Code. The permitted site cover at the time of the original development was 560m2 (40%), and the proposed addition to unit 5 will comply with this requirement.
The roofed patio is proposed to be setback 1.7 metres from the rear setback in lieu of the required 6 metres as per Acceptable Outcome AO12.1. The proposal is considered to comply with corresponding Performance Outcome PO12 for the following reasons:
The roofed patio will provide a high level of amenity to users of the subject site and will promote outdoor living and liveability of the unit.
The proposed roof patio is a low profile, open and lightweight structure and will not unreasonably obstruct views or diminish the acoustic and visual privacy of adjoining premises.
The roofed patio is to be constructed over an existing paved terrace area and the proposal will preserve and maintain existing landscaped areas.
The proposal will not be visible from the street frontage and will be consistent with the predominant character of the area. A similar unenclosed roofed patio was recently approved for the rear yard of the adjoining unit (unit 6).

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
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 No. 51995.1534.02, to make a minor change to an existing approval for Multiple Dwellings (6 units) situated at Casa Romana 5/6 Advance Pl Sunrise Beach Qld 4567 described as Lot 5 BUP 104876, Council on 21 June 2022 decided to:
A.	Approve the change.
B.	Amend Condition 19 to read as follows:
Approved Plans
Added 20 January 2022 and amended 23 June 2022
19.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
1 of 1	1	Site Plan, prepared by Brennan Planning	24/11/2021
-	-	Elevation Plan, prepared by Brennan Planning	20/01/2022
Page 1 of 3	-	Site Context Plan, prepared by Fluid Building Approvals	10/05/2022
Page 2 of 3	-	Site Plan, prepared by Fluid Building Approvals	10/05/2022
Page 3 of 3	-	Elevation Plan, prepared by Stratco Outback	10/05/2022

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