Minor Change Report MCU18 0206.02 · MCU18/0206.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0206.02
Development Approval	Material Change of Use - Detached House
Applicant	DD Kerr & AJ Kerr
Request Received On	21 June 2021
Report Reviewed By	Kerri Coyle
Decision Due Date	19 July 2021

PROPERTY DETAILS
Property Address	49 Seaview Tce Sunshine Beach Qld 4567
RP Description	Lot 88 on RP81810
Land Area	579m2
Existing Use of Land	Dwelling (under construction)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low density residential
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Acid sulfate soils (above 5m AHD to 20m AHD) Coastal Protection
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for a Material Change of Use – Detached House.
The applicant is seeking to amend Condition 3 of the approval due to an error in the Decision Notice issued through the previous minor change application, in that Condition 3 relating to height requirements was not amended to reflect the change to the design between the original approval and the minor change approval. As such, the approved plans and dwelling (as constructed) do not comply with Condition 3 of the Decision Notice.
background
A development approval for a Material Change of Use - Detached House was issued on 18 March 2019. The proposal was for a 2 storey, 3 bedroom square shaped dwelling. The proposal included a maximum building height of 8.4m.
A Minor Change approval was issued on 7 January 2020 to change the existing development approval for a Detached House (MCU18/0206). The change included a completely new design for the dwelling house, being a 2 storey, 4 bedroom dwelling with a 13.3m2 roof terrace in the south eastern corner of the dwelling. The change included approval for minor height and setback encroachments, and the relocation of the previously approved roof 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; 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 no change is proposed to the use, and no changes are proposed to the bulk and scale of the original approval;
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:
Low Density Residential Zone Code;
Coastal Communities Local Plan Code;
Low Density Housing Code;
Works Codes;
Coastal Protection Overlay Code.
Condition 3
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface except for the small southern portion of the roof identified on the approved plans which must not exceed 8.4m above the finished ground level and natural ground level.
Applicant’s Request
Amend Condition 3 due to an error in previously issued Decision Notice (MCU18/0206.01).
Assessment of Request
The previous Minor Change application (MCU18/0206.01) included updated plans for an entirely new dwelling house design to what was approved through the original application (MCU18/0206). These plans included minor height encroachments in three locations (refer to Figure 1). The height encroachments were assessed under MCU18/0206.01, with the report stating:
The area of intrusion is a small portion of balustrading on the roof terrace, located in the south eastern corner of the development, and the two small areas of roof line located along the western portion of the roof. The intrusion is considered very minor in nature and is not anticipated to negatively impact the amenity of the surrounding properties.
There was an error in the Decision Notice issued through the minor change application, in that the corresponding Condition 3 relating to height requirements was not amended to reflect the change to the design between the original approval and the minor change approval. As such, the approved plans and dwelling (as constructed) do not comply with Condition 3 of the Decision Notice.
Under the Noosa Plan 2006, building height was measured from both natural ground level and finished ground level. The portion of non-compliant glass balustrading on the roof terrace is a maximum of 8.4m from both natural and finished ground level. The two small areas of roof line located along the western portion of the roof exceed the 8m height limit from natural ground level being 8.38m and 8.23m based on a recent survey from a licensed surveyor.  At the time MCU18/0206.01 was assessed the applicant suggested that these areas only exceeded the maximum building height from finished ground level with height from natural ground being only 7.45m and 7.55m from natural ground level, therefore complying with the 8m height limit from natural ground level.

Inspection of the site and neighbouring properties finds that the 2 additional areas do not significantly impact on view lines of neighbouring properties compared with a compliant 8m high building and the approved aspects of the dwelling given the site’s slope.  The reduced setback on the site’s western side does result in some intrusion into the neighbours viewline but this setback was approved under MCU18/0206.01.
As such, the proposal to change Condition 3 to reflect the approved plans and building (as constructed) is supported.
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. MCU18/0206.02 to make a minor change to an existing approval for a Material Change of Use - Detached House situated at 49 Seaview Tce Sunshine Beach, described as Lot 88 on RP81810, Council on 23 August 2021 decided to:
A.	Approve the change.
B.	Amend condition 3 to read as follows:
Condition 3
The maximum height of the development must not exceed 8 metres above natural ground level, except for the small portion of the glass balustrade on the Observation Deck identified on approved plan Minor 8.0m Height Limit Encroachment, prepared by Magica Building Design and dated 05.12.19, which must not exceed 8.4m above the natural ground level.

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