Minor Change Report MCU20 0074.01

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

APPLICATION DETAILS
Application No.	MCU20/0074.01
Development Approval	Development Permit for Material Change of Use - Multiple dwellings
Applicant	Michael Andrew Tarrant
Request Received On	30 June 2021
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	33 Tewantin Rd Cooroy Qld 4563
RP Description	Lot 107 C 5604
Land Area	1012m2
Existing Use of Land	Dwelling House (including outbuildings)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Area Plan	Cooroy
Overlays	N/A
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to allow a change to Condition 14.  Condition 14 requires step free entrance door to the units fronting Olivine Lane with opening width of at least 820 millimetres.  The applicant seeks to change the condition to have step free access and door width of at least 820mm from the existing dwelling fronting Tewantin Road.

The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plans

Figure 4 – Elevations
background
A development approval for a Material Change of Use – Multiple Dwelling (MCU20/0074) was approved on 7 December 2020.
A development approval for a Reconfiguring of a Lot (Community Title) (RAL21/0001) and Operational Works (Access, frontage works, stormwater and landscaping) (OPW21/0004) was approved 11 May 2021.
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 proposed change is minor and relates to an approved 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:
Cooroy Local Plan Code
Medium Density Residential Zone Code
Dual Occupancy and Multiple Dwelling Code
Works codes
The Dual Occupancy and Multiple Dwelling Code requires that one in three multiple dwelling units:
is accessible by a safe, continuous and step free path of travel from the street entrance of the property or from a car parking space;
has a step-free entrance door with opening width of at least 820mm; and contains a bathroom on the entry level.
The proposed change to condition the existing dwelling fronting Tewantin Road to have step free access and 820mm wide entrance door, complies with the ratio of one in three units and therefore complies with the planning scheme requirements.
Condition 14
Access to buildings
Access to the dwellings fronting Olivine Lane must have a step-free entrance door with opening width of at least 820 millimetres.
Applicant’s Request
The applicant requests the condition to read as follows:
Access to the dwelling fronting Tewantin Road must have step-free entrance door with opening width of at least 820 millimetres.
Assessment of Request
By changing the condition to ensure the existing dwelling achieves step free access and 820mm width requirements, the development is still able to achieve the Dual Occupancy and Multiple Dwelling Code requirement for one in three multiple dwellings within the development to achieve.   It is therefore agreed to change the condition in accordance with the applicant’s request.
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. MCU20/0074.01, to make a minor change to an existing approval for Multiple Dwellings situated at 33 Tewantin Rd Cooroy Qld 4563 described as Lot 107 C 5604, Council on 7 July 2021 decided to:
A.	Approve the change.
B.	Amend condition 14 to read as follows:
Access to the dwelling fronting Tewantin Road must have a step-free entrance door with opening width of at least 820 millimetres.

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