Minor Change Report MCU13 0211.02 · MCU13/0211.02

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

APPLICATION DETAILS
Application No.	MCU13/0211.02 & OPW15/0185
Development Approval	Material Change of Use - Multiple dwelling Type 2 Duplex x 4; Reconfigure a Lot - Boundary realignment and easement; and Operational Works – Landscaping Operational Works – Earthworks, stormwater, access and parking
Applicant	NC Oliver Properties Pty Ltd
Request Received On	3 April 2019

PROPERTY DETAILS
Property Address	126, 128-132 Gympie Tce Noosaville
RP Description	Lots 1, 2 & 3 MCH 3881
Existing Use of Land	Duplex, Hotel

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Attached Housing
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to two existing development approvals to enable the project to be developed in two stages. The applicant wishes to title Lot 9 (no. 126) prior to the completion of the remaining duplexes.
The applicant has submitted a staging plan that addresses the construction of the civil works of the development. This staging plan clarifies the works and indicates that the site is to be developed in two stages:
Stage 1 – Lot 9 on MCH3881 - Duplex
Stage 2 - Lot 1, 2 and 3 on MCH3881 – 3 Duplex with access easement

background
A number of development approvals have been issued over the site including a development approval for 4 duplex buildings and reconfiguration of the lots approved by Council in 2005. This approval was extended on a number of occasions, however lapsed in 2011. Refer to below table:

Application No.	Decision and Date
2004/4206	On 24 August 2005, Council issued a negotiated decision notice for the development of 4 duplex dwellings on the subject land. The approved plans were nearly identical to that which is submitted for this application.
04/4206.01	On the 11 November 2008, Council issued a change to the existing approval to extend the relevant period until 28 June 2011.
04/4206.02	On the 13 July 2009, Council issued a change to the existing approval amending conditions 1 & 28.
04/4206.03	On the 22 December 2010, Council issued a change to the existing approval to extend the relevant period until 11 June 2013. The approval subsequently lapsed.

The applicant lodged a new application for 4 duplex buildings, reconfiguration of a lot and operational works in 2013 which was subsequently approved by Council on 10th February 2014 under MCU13/0211, REC13/0136 and OPW13/0862. The approval indicated a four year relevant period from 10 February 2014 for the duplexes and reconfiguration and 2 years for the operational works.

Operational Works for Access, stormwater and earthworks was approved 2/12/15 (OPW15/0185), while a minor change for this approval was approved 4/10/2017. A generally in accordance request was approved 5/03/2019.

An extension to currency period was decided 7 September 2017 for MCU13/0211, REC13/0136 , OPW13/0862 and OPW15/0185, whereby the approval lapses 10 February 2020.

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 proposal does not change the use or scale of impacts and is consistent with the higher order State Planning Regulations and Planning Policies.
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 development remains unchanged, while recognising it will be constructed in two stages;
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 current development approval were assessed under the current provisions in Noosa Plan and is therefore consistent with the Planning Scheme. There are no new referral agencies.
Condition 1 - OPW15/0185 (Access, stormwater, parking and earthworks)
APPROVED PLANS
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
0619-05	A	Operational Works Detail Plan 1,  prepared by Callaghan & Toth Engineers	23.07. 2015
0619-06	A	Operational Works Detail Plan 2,  prepared by Callaghan & Toth Engineers	23.07. 2015
0619-07	A	Hilton Terrace Peg Line Longitudinal Section,  prepared by Callaghan & Toth Engineers – As Annotated By Council in Red	23.07. 2015
0619-08	A	Hilton Terrace Cross Sections,  prepared by Callaghan & Toth Engineers	23.07. 2015
LD01	E	Landscape General Notes & Details,  prepared by anembo consultants	30.06.2006
PP01	E	Landscape Plan, prepared by anembo consultants	30.06.2006
Applicant’s Request
The applicant requests that condition 1 be changed to reflect the plans that relate to the proposed staging. Refer Figure 1.

Figure 1
Assessment of Request
The new plans submitted to reflect staging have been checked by the Engineering – Development assessment and it has been recommended to amend Condition 1 of OPW15/0185 to reflect the new plans (and removing reference to old ones).  Therefore, Condition 1 of the OPW15/0185 will be amended accordingly.
As a consequence, the MCU/REC/OPW (landscaping only) will need to be amended to reflect the staging. The existing approval does not have specific reference to an easement creation for access. An access easement needs to be created for access for Stage 2 as Stage 1 can obtain access directly from Mill Street, prior to Stage 2.  It is noted that the current approval is silent on the creation of an access easement. Therefore it is considered prudent to include a condition for the creation/registration of an access easement.
New condition 51 is as follows:
A reciprocal easement for access must registered prior to the sealing of survey plan for the relevant stage.

Condition 26
Site Access and Driveways
26.	A sealed access driveway must be provided from Mill Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover crossover in accordance with IPWEAQ standard drawing SEQ R-050
a driveway width of 6.0 metres maximum
landscaping and fencing setback to provide the necessary sight lines for pedestrian safety as described in AS/NZS2890.1:2004
any necessary modifications to the existing on street parking and kerb and channel
Assessment of Request
As a consequence of the request for staging, condition 26 is required to be updated to accommodate access over 2 stages. Therefore, it is proposed to amend 26(a) to include reference to the standard drawing relevant to today’s standards and include new 26A to provide for access in Stage 2.
26.	Stage 1 - A sealed access driveway must be provided from Mill Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with Council’s standard drawing RS-051 and any associated addendum
a driveway width of 6.0 metres maximum
landscaping and fencing setback to provide the necessary sight lines for pedestrian safety as described in AS/NZS2890.1:2004
any necessary modifications to the existing on street parking and kerb and channel
26A  Stage 2 – A sealed access driveway must be provided from Gympie Tce to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with Council’s standard drawing RS-051 and any associated addendum
a driveway width of 6.0 metres maximum
landscaping and fencing setback to provide the necessary sight lines for pedestrian safety as described in AS/NZS2890.1:2004
any necessary modifications to the existing on street parking and kerb and channel

draft planning scheme
The proposal does not change the use or scale of impacts as proposed by the Draft Planning Scheme.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council specialists:
Co-ordinator, Engineering

conclusion & reasons for decision
The proposed change to permit staging of the approval is consistent with the intent of the original approval.  Staging the development complies with the requirements of the planning scheme and does not raise any significant issues and is therefore recommended for approval.
RECOMMENDATION
With regard to Application No. OPW 15/0185 to make a minor change to an existing approval for Development Permit for Operational Works - Roadworks, Earthworks, Stormwater, Access, Carparking & Landscaping situated at 126,128-132 Gympie Tce Noosaville described as Lot 1, 2 & 3 MCH 3881, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 9 May 2019 decided to:
A.	Approve the change.
B.	Amend Condition 1 as follows:
APPROVED PLANS
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
0619-04	C	Site Plan & Sediment/Erosion Control, prepared by Callaghan & Toth Engineers	03/2019
0619-05	C	Operational Works Detail Plan 1,  prepared by Callaghan & Toth Engineers	03/2019
0619-06	C	Operational Works Detail Plan 2,  prepared by Callaghan & Toth Engineers	03/2019
0619-07	C	Hilton Terrace Peg Line Stage 2 Longitudinal Section,  prepared by Callaghan & Toth Engineers	03/2019
0619-08	C	Hilton Terrace Stage 2 Cross Sections,  prepared by Callaghan & Toth Engineers	03/2019
1451-0-2	C	Site Stormwater Operational Works prepared by Construction Hydraulic and amended by Callaghan & Toth Engineers	25/03/2019
1451-0-1	C	General Notes & Details prepared by Construction Hydraulic and amended by Callaghan & Toth Engineers	25/03/2019
LD01	E	Landscape General Notes & Details,  prepared by anembo consultants	30.06.2006
PP01	E	Landscape Plan, prepared by anembo consultants	30.06.2006

With regard to Application No. MCU13/0211, REC13/0136, OPW13/0862, to make a minor change to an existing approval for Material Change of Use - Multiple dwelling Type 2 Duplex x 4; Reconfigure a Lot - Boundary realignment and easement; and Operational Works – Landscaping situated at 126,128-132 Gympie Tce Noosaville described as Lot 1, 2 & 3 MCH 3881, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 9 May 2019 decided to:
A.	Approve the change.
B.	Amend condition 26 to read as follows:
26.	Stage 1 - A sealed access driveway must be provided from Mill Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with Council’s standard drawing RS-051 and any associated addendum
a driveway width of 6.0 metres maximum
landscaping and fencing setback to provide the necessary sight lines for pedestrian safety as described in AS/NZS2890.1:2004
any necessary modifications to the existing on street parking and kerb and channel
26A  Stage 2 – A sealed access driveway must be provided from Gympie Tce to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with Council’s standard drawing RS-051 and any associated addendum
a driveway width of 6.0 metres maximum
landscaping and fencing setback to provide the necessary sight lines for pedestrian safety as described in AS/NZS2890.1:2004
any necessary modifications to the existing on street parking and kerb and channel

C.	Include additional condition 52 to read as follows:
Additional Condition – 9 May 2019
51.	A reciprocal easement for access must registered prior to the sealing of survey plan for the relevant stage.

[word/footer1.xml]
Page 6 of 7

[word/header1.xml]
3