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Minor Change Report 51988 2740 02 [As Published] · 51988.2740.02
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Consultant Planner
Development Assessment
APPLICATION DETAILS
Application No. 51988.2740.02
Development Approval Town Planning Consent Permit for a multiple dwelling (2 units)
Applicant Mr Warren Robert Leslie Jackson and Mrs Adele May Jackson
Request Received On 9 June 2023
Report Reviewed By Tara Norley – 10 November 2023
Decision Due Date
PROPERTY DETAILS
Property Address Parkwood
21 & 2/21 Parkedge Rd, Sunshine Beach
RP Description Lot 0 BUP 10798, Lot 2 BUP 10798
Land Area 646m2 (whole site)
Existing Use of Land Dual occupancy
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Area Plan Coastal Communities
Overlays Bushfire Hazard
• Potential Impact Buffer
Assessment Type Minor Change to Town Planning Consent Permit
1. PROPOSAL
The applicant seeks approval to change an existing development approval for a multiple dwelling
of 2 units approved in November 1988 to:
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• extend unit 2 to include a third bedroom (12.9m2) on the ground floor and enclose the lower
patio at the rear for a new kitchen, adding an additional 4.7m2.
• widen the single lock up garage for unit 2 and provide a second visitor space between this
garage and the front boundary.
Notably the applicant in response to Council’s information request advised that the garage for unit
2 is still intended to function as a single garage. Therefore, this area adds an additional 14.8m2 in
gross floor area.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
Figure 3 – Floor Plan
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Figure 4 – Elevations
2. BACKGROUND
A town planning consent for a multiple dwelling (2 units) was approved on 10 November 1988.
A Minor Change application was lodged on 9 February 2023 seeking a retrospective approval for
internal works carried out on Unit 1 which converted the sitting room to a third bedroom. A Minor
Change approval was issued 10 May 2023.
3. ASSESSMENT
3.1. 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.
3.2. 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 proposal does
not include a new use and will not dramatically change the built form of the development in
terms of scale, bulk and appearance;
• 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;
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• where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. 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;
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes.
The proposed change increases the development’s total gross floor area and site cover and
intrudes into the 6m rear setback.
The existing development has a plot ratio of 0.34:1 and a site cover of 24.5%. The proposed
changes will increase the plot ratio to 0.39:1 and site cover to 31.3%. The proposed changes
remain consistent with the Noosa Plan 2020 maximum requirements for plot ratio of 0.4:1 and
site cover of 40%.
In terms of the rear setback the proposed new bedroom is located within the 6m rear setback
being 3 metres from the rear boundary.
The applicant submits in support of the proposed rear setback that:
• The adjoining rear property (16 Solway Drive) features a structure within 6m of the rear
boundary setback and so the proposed 3m rear setback is not inconsistent with development
in the Medium Density Residential zone.
• The proposed 3m rear setback is 3.073m in external length, 16.2% of the boundary length,
and does not feature windows in the rear so creates minimal impact to the rear neighbour in
terms of shading or privacy impacts.
• There is an exiting pergola in a similar place and size to the proposal, and so the change is
extremely minor.
• The backyard is currently heavily landscaped which provides a dense vegetated buffer
between the site and the adjoining residential properties.
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Approximate location of dwelling extension in yellow
Rear boundary
While the adjoining rear property has maintained a 6 metre rear setback, the applicant’s
submission is generally agreed with and overall proposal is consistent with PO12 of the Medium
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Density Residential Use Code. The proposed extension to the rear will not adversely impact on
amenity of adjoining premises, will not cause overlooking, and preserves existing vegetation that
will buffer the building extension.
The proposed visitor space between the garage extension and the front boundary will result in
the removal of some mature vegetation, however, it maintains a 2 metre setback from the front
boundary consistent with AO12.2 of the Medium Density Residential Zone Code.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
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4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed extensions maintain the Noosa Plan 2020 requirements for a dual occupancy
development, with the reduced rear setback screened by vegetation from adjoining residents.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 51988.2740.02, to make a minor change to an existing approval for
Multiple Dwelling (2 units) situated at 21 and 2/21 Parkedge Rd Sunshine Beach, Council on 6
November 2023 decided to:
A. Approve the change.
B. Include the following additional conditions:
Additional Conditions – 16 November 2023 – Unit 2 Only
21. 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
23-009 D Proposed Site Plan prepared by Kieron James 07/08/2023
Sheet 5 Design
23-009 D Proposed Lower Plan prepared by Kieron James 07/08/2023
Sheet 7 Design
23-009 D Proposed Upper Floor Plan prepared by Kieron 07/08/2023
Sheet 8 James Design
23-009 D Proposed Elevations 1 prepared by Kieron 07/08/2023
Sheet 9 James Design
S23071217 A Specification Notes, prepared by anembo 21/07/2023
LD2 consultants
S23071217 A Material Schedule, Typical Details & Plant 21/07/2023
LD3 Schedule, prepared by anembo consultants
As annotated by Council
S23071217 A Landscape Plan, prepared by anembo 21/07/2023
LD1 consultants
Landscaping Works
22. The development site must be landscaped. The works must be undertaken generally
in accordance with the approved Landscape Plan and must include in particular:
a. planting of shrubs and trees to the site’s frontage that will visually frame and
soften the presentation of the built form to the street.
23. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
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