Minor Change Report 51995.1701.03

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Georgina Schramm
	Development Assessment

APPLICATION DETAILS
Application No.	51995.1701.03
Development Approval	TPC 2871, 51995.1701 – Group Housing Development (4 units)
Applicant	Warwick Bruce and Jacqueline Vicki Dunstone C/- Brennan Planning
Request Received On	4 March 2022
Further Advice Request	30 March 2022
Further Advice Response	5 May 2022
Report Reviewed By	Patrick Murphy 08.08.2022
Decision Due Date	1 April 2022

PROPERTY DETAILS
Property Address	Quay West Noosa 5/19 Laburnum Cres Noosaville Qld 4566
RP Description	Lot 0 GTP 104332, Lot 5 GTP 104767
Land Area	190m2 on 1,200.28m2
Existing Use of Land	Multiple Dwellings – 4

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

PROPOSAL
The applicant seeks approval to change an existing development approval which was issued on 19 October 1995 for the purpose of Group Housing Development (4 units) on land at 19 Laburnum Crescent, Noosaville. The development is now known as Quay West Noosa.
The applicant seeks to change the approval for the purpose of replacing an informal shade sail which has been located along the northern side of the Unit 5, see Figures 7 and 8. The shade sail does not have prior approval. The replacement of the shade sail is to include a 21m2 covered area which is accessible from the dwelling. The proposed pergola will be a roofed, open structure, positioned above an existing deck which is built to boundary. The pergola will be opened on three sides and attached to the existing house along the eastern side, not exceeding 3.3 metres in height.
The proposed extension will contribute an additional 21m2 to the development’s overall site cover calculations, equating to an additional 1.74% towards to the existing 34.7% site cover.
The siting of the shade structure will be in alignment with the existing deck, sitting at a setback of 3.2 metres to 3.5 metres from the revetment wall (as the plans are not surveyed, the rear setback will be conditioned). Engineering advice has been provided in support of the application in regard to the proposed works impact on the structural integrity of the revetment wall or impact on flood storage.
In addition to the pergola, the applicant seeks to include a new staircase down to the lower portion of site, within the revetment wall setback.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations

Figure 5 – Section X Z

Figure 6 – Typical Cross Section House to Revetment Wall

Figure  7 – Photographs of Existing

Figure 8 – Photographs of Existing

background
A development approval for Group Housing Development (4 units) was approved on 19 October 1995 on the subject site (TPC 2871).
The adjoining unit, Unit 4, underwent a minor change application for the purpose of an addition for a vergola and pergola, and was approved on 18 September 2006.
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 the development does not include a new use;
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:
Medium Density Residential Zone Code;
Noosaville Local Plan Code;
Dual Occupancy and Multiple Dwelling Use Code;
Works Codes;
Flood Hazard Overlay Code.

Applicant’s Request – Shade Structure
The applicant has provided the following justification in regard to the proposed side boundary setback:
The proposed pergola provides a 0m setback from its outermost projection to the side boundary of the site, consistent with an existing shade sail structure that is replacing. Consequently, it does not comply with the minimum side setback of 1.5m sought of AO9.1. While not achieving the acceptable outcome, it is considered that the proposed pergola complies with Performance Outcome PO9 of the Medium Density Residential Zone Code for the following reasons:
the pergola would provide a high level of amenity for the users of the subject site in that:
the pergola would replace an aging shade sale and would allowa covered area having dimensions of 21m2which would provide an adequate size, shape dimensions to support a family dining table and outdoor living opportunities that to meet the needs of the occupants;
the pergola would enhance liveability of the dwelling and promote outdoor living; and
it would better respond to Noosa Shire’s subtropical climate and improve the passive design of the unit by incorporating a solid roof and operable louvres to the southwestern side to shade the western sun;
the pergola is a low profile, open and lightweight structure and would maintain visual and acoustic privacy for adjoining residents and not unreasonably obstruct views
the pergola maintains existing setbacks and thus provides adequate separation to the adjoining dwelling to the north which is part of the same development;
the proposed pergola will preserve the landscaping located along the northern side boundary and therefore maintain adequate landscaping at the ground level; and
the proposed additions are not visible from the street frontage, relate to an internal boundary within a community title scheme, and will be consistent with the predominant character of the area which consists of multiple dwellings in a medium density environment that incorporate a number of intrusions into the side setback including:-
the adjoining unit to the east 4/19 Laburnum Street, which was permitted to have a built to boundary pergola through a minor change application;
the multiple dwelling at 17 Laburnum Street which incorporates built to boundary side setbacks; and o the multiple dwelling at 21 laburnum Street which incorporates built to boundary side setbacks.
Assessment of Request
Acceptable outcome AO9.3 of the Medium Density Residential Zone Code seeks a 1.5 metre setback for buildings and structures up to 4.5 metres high.
The applicant has proposed to build to boundary and therefore, seek compliance with the corresponding Performance outcome:

PO9 Buildings and structures are designed and sited to:
a) provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
b) not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
c) provide adequate distance from adjoining land uses;
d) preserve existing vegetation that will help buffer development;
e) allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
f) be consistent with the predominant character of the surrounding area; and
g) protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands
The proposed build to boundary setback is not considered reasonable as the proposal is likely to impact the adjoining premises access to sunlight and will contribute to the appearance of bulk from the waterway. The inclusion of the shade structure will not be of impact to existing views or cause overlooking, the pergola will extend from the lower level of the building, covering the existing deck which is built to boundary.
At present, there is no ability to landscape between the adjoining premises due to the deck being built to boundary. The adjoining unit, Unit 4, has shade structures of similar characteristics as proposed although has a side boundary setback of 900mm.
Through negotiations and plan revisions, the proposed side boundary setback has been amended to allow a  metre setback. These revisions will allow the opportunity to incorporate planter boxes within the side boundary setback to soften presentation of the shade structure and maintain in character with the surrounding area.
Through conditioning the proposal is considered to comply.

Applicant’s Request – Revetment Wall Setbacks
The applicant seeks to approval to construct open treaded stairs which would have a 2.8m setback from the centreline of the revetment wall. Consequently, the structures do not comply with AO13 of the code. While not complying with the acceptable outcome, it is considered that the proposal complies with the correlating performance outcome PO13 in that:
the proposed pergola would not reduce the flood detention capacity of the canal system as it has been designed cantilever from a point setback 4.5m from the centreline of the revetment wall;
the stairs are open treaded and would not cause any measurable impact on the detention capacity of the waterbody;
the proposed additions would not impact of the amenity functions of the setback area for the following reasons:
the pergola replaces and existing shade sale structure that sits forward of alignment of the pergola;
the pergola is a lightweight and open structure and does not cause any bulk and built form impacts to the surrounding area;
the alignment of the pergola is consistent with the alignment of the existing deck associated with Lots 4 and 5 and the pergola structure that was approved for Lot 4 to have a minimum setback of between 2.6m - 3m to the revetment wall as illustrated on the approved plans and o the natural ground within 4.5m of the centreline of the revetment wall will remain free of structures and impervious surfaces.
the establishment of open treaded stairs within the canal setback would not result in any amenity impacts to adjoining properties
Assessment of Request
The proposed setback of the shade structure will be in alignment with the existing verandah on the upper floor and the lower deck, achieving a varied setback of 3.2 to 3.5 metres to the revetment wall, in lieu of the required 4.5 metre setback. The proposed changes do not result in any further encroachments into the 4.5 metre setback, with the exception of the stairs. The inclusion of the stairs within the 4.5 metre revetment wall setback is acceptable given the stairs are an open structure and will not impact the flood capacity and therefore, achieves compliance with the outcome.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Coordinator – standard stormwater condition.
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. 51995.1701.03, to make a minor change to an existing approval for Group Housing Development (4 units) situated at Quay West Noosa 5/19 Laburnum Cres Noosaville Qld 4566, described as Lot 0 GTP 104332 & Lot 5 GTP 104767, Council on 8 August 2022 decided to:
A.	Approve the change.
B.	Include additional conditions 24, 25, 26, 27 & 28 to read as follows:
Include additional conditions 8 August 2022
Approved Plans
24. 	Development is to be undertaken in accordance with this change to existing approvals, 51995.1701.03 must generally comply with the approved plans of development. The approved plans relating to the development and Unit 5 are listed in the following table unless otherwise amended by these conditions, where conflict between the approved plans and conditions of approval, the conditions prevail.
Plan No.	Rev.	Plan/Document Name	Date
-	7.1	Site Plan prepared by DezignTeam Project Pty Ltd	16 July 2022
-	7.1	Ground Floor Plan prepared by DezignTeam Project Pty Ltd	16 July 2022
-	7.1	First Floor Plan prepared by DezignTeam Project Pty Ltd	16 July 2022
-	7.1	Proposed Alterations and Shade Structure Roof prepared by Dezignteam Projects Pty Ltd	16 July 2022
-	7.1	Elevations Sheet 1 prepared by Dezignteam Projects Pty Ltd	16 July 2022
-	7.1	Section X prepared by Dezignteam Projects Pty Ltd	16 July 2022
-	5	Typical Cross Section House to Revetment Wall prepared by Dezignteam Projects Pty Ltd	18 February 2022
25. 	The outermost projection of the shade structure is to be setback a minimum of 1.0 metre to the side boundary where common with Lot 2 GTP 104332.
26. 	The roof of the shade structure is to be built in alignment with the deck as per the original approval. In this regard, the new structure is not to further encroach in the rear setback as the originally approved deck.
Landscaping
27. 	The northern side boundary, where common with Lot 2 GTP 104332 must include balcony planter boxes, positioned in such a way to obscure direct views of private open space areas and to the soften the shade structure from the adjoining property.
Stormwater
28.   Stormwater runoff from the structures must be directed to the existing onsite stormwater system.

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GENERAL NOTES

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TYPICAL CROSS SECTION HOUSE TO REVETMENT WALL
NOTE - NO ADDITIONAL FILLING IS PROPOSED THEREFORE PO 10 & PO 11 ARE SATISFIED

DRAWING PREPARED BY DEZIGNTEAM PROJECTS PTY LTD
BUILDING DESIGN OPEN OBC Licence Number: 15268548
DDWGNO- DZTNOOSA/A3%2 (5) SCALE 1100@A3 DATE 18022022

LOT5 GTP 104767 5/19 LABURNUM CRESCENT NOOSAVILLE QLD 4566