Minor Change Report 131999.982708.2

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	131999.982708.2
Development Approval	Material Change of Use (3 multiple dwelling units & Shop)
Applicant	The Abercrombie Group Pty Ltd
Request Received On	20 April 2020

PROPERTY DETAILS
Property Address	23 Hastings St  Noosa Heads
RP Description	Lot 3 SP 137636
Land Area	680.02m2
Existing Use of Land	3 x Dwelling units and shop

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Mixed Use
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to change a Material Change of Use for Multiple Dwelling units (and a shop) to change the appearance of a previously approved enclosure of 2 balconies pertaining to residential Unit 3.  Refer to Figures 1 and 2 below.
NB:It is noted the previous minor change (131999.982708.1) makes reference to Unit 2. This is due to the applicant indicating on the plans it related to Unit 2.  In fact it related to Unit 3, which is also subject to this application. The applicant in this application stated: ”Unfortunately there was a mistake in the labelling of the Unit numbers on the proposal plans which incorrectly identified LOT 3 as UNIT 2 wherein LOT 3 is in fact known as UNIT 3.”

Figure 1 – Proposed changes

Figure 2 – Subject site

background
A development approval for a (Multiple Dwelling of 3 units and a shop (16992DA) was approved on 24 December 1999.
On 12 April 2001 approval issued to change the shop to Commercial Services (Real Estate Office) (20779DA)
On 29 March 2011 (20779DA) approval issued to increase floor area of office.
On 28 November 2019 a minor change approval was issued to enclose the eastern and western balconies for residential Unit 3. Refer Figure 3 below.

Figure 3

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 changes relate to the existing and approved built form;
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 applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016
Condition 21
21	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered TPC 01 to 06 inclusive prepared by Foster Designs Pty Ltd and dated January 1999 and as may be amended by these conditions and as amended by subsequent plans DA-01 and DA-02.
Development relating to Unit 2 is to be in accordance with A001 (Site plan), A101 (Unit 2 floor plans), A201 (East elevations), A202 (West elevations), A210 (3D Views – East), A211 (3D Views – West), dated 17 October 2019 and prepared by Natani Design.
Applicant’s Request
The plans (showing correct Unit 3) now show an altered to change the external appearance of the previously approved enclosure of decks and include:
Removal of an existing screen on the eastern elevation of Unit 3
Increase the size of the windows on the western elevation of Unit 3 and utilise opaque glass for privacy.
Assessment of Request
The applicants request necessitates a change to existing Condition 21 to reflect the revised appearance to buildings façade when enclosing the balconies.  The change involves the appearance of larger windows when viewed externally.
The Specific Outcomes and Probable Solutions for the Visitor Mixed Use zone detail a number of development parameters for the zone. The proposed enclosure of the balconies comply with the Probable Solutions detailed for the zone and the proposal is considered to comply with outcomes which relates to built form with respect to character and built form consistent with the existing building and surrounding development in Hastings Street.
There are no planning issues associated with the proposal and it is therefore recommended for approval and Condition 21 changed accordingly as follows:
21	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered TPC 01 to 06 inclusive prepared by Foster Designs Pty Ltd and dated January 1999 and as may be amended by these conditions and as amended by subsequent plans DA-01 and DA-02.
Development relating to residential Unit 3 is to be in accordance with A001 (Site plan), A101 (Unit 3 floor plans), A201 (East elevations), A202 (West elevations), A210 (3D Views – East), A211 (3D Views – West), Issue F, dated 15 April 2020 and prepared by Natani Design.

draft planning scheme
The draft Planning scheme identifies this site within the Visitor Accommodation zone. The proposal aligns with the intent of the draft zone and the approved use.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed changes with regard to built form are minor in nature and are consistent with the existing, approved built form.
RECOMMENDATION
With regard to Application No. 131999.982708.2, to make a minor change to an existing approval for Material Change of Use (3 multiple dwelling units & Shop) situated at 3/23 Hastings St Noosa Heads Qld 4567 described as Lot 3 SP 137636, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 29 April 2020 decided to:
A.	Approve the change.
B.	Amend condition 21 to read as follows:
21	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered TPC 01 to 06 inclusive prepared by Foster Designs Pty Ltd and dated January 1999 and as may be amended by these conditions and as amended by subsequent plans DA-01 and DA-02.
Development relating to residential Unit 3 is to be in accordance with A001 (Site plan), A101 (Unit 3 floor plans), A201 (East elevations), A202 (West elevations), A210 (3D Views – East), A211 (3D Views – West), Issue F, dated 15 April 2020 and prepared by Natani Design.

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