Minor Change Report 51981.3365.01

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

APPLICATION DETAILS
Application No.	51981.3365.01
Development Approval	Town Planning Consent for Multiple Dwelling Units (x12)
Applicant	Jason Michael Darling
Request Received On	6 September 2021
Report Reviewed By	Patrick Murphy
Decision Due Date	8 November 2021

PROPERTY DETAILS
Property Address	Naousa Ii 10/7 Mitti St Noosa Heads Qld 4567
RP Description	Lot 10 BUP 5805
Land Area	610m2
Existing Use of Land	Multiple Dwelling Units

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

PROPOSAL
The applicant seeks approval to change an existing development approval to construct a retractable shade structure on the rooftop terrace of Unit 10. The retractable shade structure is proposed to replace an existing timber pergola and shade sail. Body Corporate approval has been provided for the use.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Floor Plan

Figure 3 – Eastern Elevation from Mitti Street

Figure 4 – Eastern Elevation (Level E)

Figure 5 – Northern Elevation (Level E)
background
A development approval for a multiple dwelling (12 units) was issued on 17 December 1981 (TPC 1483). The original approval included plans for the construction of timber pergolas on the roof terraces of units 9, 10, 11 and 12.
Plan amendments for the rooftop pergolas were originally refused by Council on 17 June 1983 but later approved with conditions on 25 August 1983.
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.
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Noosa Heads Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes.
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 works will not result in a substantial change to the built form and are 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 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 planning scheme at the time of the original development application allowed for a building height of 7.3m to 12.8m and a maximum of 4 storeys. Regarding the current planning scheme, a 4-storey structure would not be supported in the Medium Density Residential Zone.

Applicant’s Request
The applicant has submitted plans to construct a new retractable shade structure on the rooftop of Unit 10 and requests that a condition is added to the development permit allowing the construction as per the proposed plans.
Assessment of Request
The proposed plans are for a 6m x 6m x 3.6m shade structure on the rooftop terrace of Unit 10. This will make the total height of the development approximately 12m, which is not consistent with the maximum height for buildings in the Medium Density Residential Zone under the current planning scheme. While the proposed shade structure will be partially visible from the street, it will not increase the scale and bulk of the building. Further, the construction of a shade structure will not impact on view lines from the street or neighbouring properties and is consistent with the height of the existing shade sails on neighbouring rooftop terraces. The current building has timber pergolas situated on the rooftop terraces of Units 10, 11 and 12, which present as a fourth storey. The proposed shade structure will be replacing the timber pergola on the rooftop terrace of Unit 10, and as such will not add the appearance of another storey. It is therefore recommended to add a new condition to the development permit to include the construction of a retractable shade structure on the rooftop terrace of Unit 10 in accordance with approved plans.
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. 51981.3365.01, to make a minor change to an existing approval for TPC 1483 (Multiple Dwelling Units) situated at Naousa Ii 10/7 Mitti St Noosa Heads Qld 4567 described as Lot 10 BUP 5805, Council on 10 November 2021 decided to:
A.	Approve the change.
B.	Include the following additional condition:
Approved Plans
20. 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
21.008 No. 1	B	Floor Plans, prepared by Bright Building Design	21.08.21
21.008 No. 2	B	Eastern Elevation Mitti Street, prepared by Bright Building Design	21.08.21
21.008 No. 3	B	Eastern Elevations, prepared by Bright Building Design	21.08.21
21.008 No. 4	B	Northern Elevations, prepared by Bright Building Design	21.08.21
21.008 No. 5	B	Perspectives, prepared by Bright Building Design	21.08.21

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PROPOSED ELEVATION (EAST)
(FROM MITTI STREET)


[Attachment: image4.png (image text)]
3,620
‘APPROX.

2,340
CONC. ROOF

"ROLLEASE ACMEDA’
PROPOSED RETRACTABLE
SHADE STRUCTURE 6m x 6m
TO MANUFACTURER'S DESIGN

 

— 6.0°

COLUMNS, PERIMTER BEAMS &
ALL CONNECTION DETAILS TO.
MANUFACTURER'S / ENG. DESIGN.

 

 

 

 

 

 

  

 

TELIIIIICIT

n
tt DEMOLISH
' PERGOLA

‘APPROX.

 

 

 

 

 

 

 

 

 

 

 

AMIN Inn PROPOSED EASTERN ELEVATION

 

 

 

 


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3,620
"APPROX.

2,990
‘APPROX.

"ROLLEASE ACMEDA'
PROPOSED RETRACTABLE
SHADE STRUCTURE 6m x 6m
TO MANUFACTURER'S DESIGN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I

 

 

 

 

 

 

 

 

 

COLUMNS, PERIMTER BEAMS &
ALL CONNECTION DETAILS TO

MANUFACTURER'S / ENG. DESIGN.

PROPOSED NORTHERN ELEVATION
(LEVEL E ONLY)