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Minor Change Report MCU19 0008 02 [As Published] · MCU19/0008.02
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author External Planner
C/-Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No. MCU19/0008.02
Development Approval Development Permit for Material Change of Use of Premises –
Detached House
Applicant Jeannette Margaret Ince and Keith Stuart Ince
Request Received On 3 January 2023
Report Reviewed By Tara Norley – 24 May 2023
Decision Due Date 1 February 2023
PROPERTY DETAILS
Property Address 22 Arakoon Cres Sunshine Beach
RP Description Lot 793 RP 48111
Land Area 607.34m2
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Area Plan Coastal Communities
Overlays Landslide Hazard
Coastal Protection and Scenic Amenity
Assessment Type Minor Change to Development Approval
1. PROPOSAL
The applicant seeks approval to change to an existing development approval for a Material Change
of Use of Premises – Detached House. A full set of new plans have been lodged with the
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application, with the applicant advising it is a new design. The proposal plans show 3 levels, with
a garage and pergola over a parking space similarly intruding into the front and side building
setback to Arakoon Crescent to the current approved plans of development.
The application was originally lodged due to the site being located in the Coastal Protection Area
under the Noosa Plan 2006 and the dwelling did not comply with front and side setbacks.
The locality and proposal plans are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Floor Plan
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Figure 4 – North & South Elevations
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Figure 5 – Rear & Front Elevations
2. BACKGROUND
The original development approval for a Dwelling House was approved on 7 June 2019, with a
subsequent application for a minor change approved 22 February 2022. The dwelling approved
in 2019 was 3 storeys, less than 8 metres (R32) with the garage built to the side boundary up to a
height of 4.5m and setback an average of 1m from the front boundary. A cantilevered unroofed
balcony was located 3m inside the 15m coastal building line.
An application for a minor change to this development approval was approved on 9 August 2022.
This change included a new design for the dwelling house and included 3 storeys, less than 8m
(RL33) with the garage built to the northern side boundary and setback 0.5m from the front
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boundary with a pergola over a parking space built to the southern boundary. A cantilevered
unroofed balcony was located 3m inside the 15m coastal building line
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 2006 and 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 it is not introducing
a new land use and the built form remains of a similar bulk;
• 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.
3.3. Statutory Instruments – Planning Scheme
Under the Planning Act 2006 the assessment of an application for a minor change must consider
the planning scheme in effect when the development application was properly made but may give
weight to the current planning scheme.
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Low Density Housing Code;
• Coastal Protection & Scenic Amenity Overlay Code;
• Landslide Hazard Overlay Code
The proposed minor change has been assessed against the above codes and the pertinent matters
arising out of the assessment are outlined and discussed below:
Criteria Planning Scheme Proposal Complies
Site cover 50% 15% first floor x
50/30% 29% lower floor
40% 29% ground floor
Landscaped open space 20% 35%
Building height
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• storeys 2 storeys max 3 storeys X
• metres 8 metres 8.2m above NGL X
Boundary setbacks
• Frontage 6 metres min 0.9m X
• Side (north) 1.5/2.0/2.5 metres 1m (pergola X
• Side (south) 1.5/2.0/2.5 metres 0m (garage) X
• Rear 15 metres (coastal) 14.7m X
12 metres to unroofed 12.4m to awnings
cantilevered balconies
Length of wall 15 metres max <15 metres
Carparking 2 covered min 2 covered
1 uncovered
Coastal Building Line
The subject site is within the mapped Coast Protection Area and is encumbered by the Coastal
Building Line under the Coastal Protection and Scenic Amenity Overlay. Performance Outcome
PO3 of the Coastal Protection and Scenic Amenity Overlay Code states:
PO3 Where a coastal building line exists on a lot, all buildings, structures and retaining walls do
not extend seaward of the coastal building line for the site, other than—
a) uncovered and unenclosed cantilevered balconies that do not extend greater than 3
metres seaward of the coastal building line; and
b) are setback a minimum of 6 metres from the seaward boundary (see Figure 8.2.4.4).
The site has a coastal building line that is located 15m of the seaward boundary. The proposed
dwelling intrudes partly into this setback with:
• the ground level building setback 14.7m for a very small section generally central to the
building; and
• the ground floor level patios setback 12.9m with the awnings above being setback 12.4m –
13.75m;
The proposed setback for the ground level is minor as shown in Figure 6 below with patios 2 & 3
setbacks consistent with PO3. The awnings above extend some way into the setback being as
close as 12.4m at the northern end and 13.75m at the southern end. These awnings are not likely
to be at risk from wave overtopping and storm tide inundation and unlikely to have any impact on
the natural cycle of the foreshore. From the beach they are also unlikely to protrude beyond the
neighbouring dwellings which have roofed balconies to at least 12m. However, it has not been
demonstrated by the applicant that these awnings will not interrupt neighbouring scenic views of
the coastline.
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Figure 6 – Intrusions into 15m Coastal Building Line
Site Cover
Performance Outcome PO8 of the Low density residential zone code state:
PO8 Development:
a. is of a scale compatible with surrounding development and the particular
circumstances of the site;
b. has a low site impact to maximise the opportunity to retain site characteristics, such
as native vegetation and natural landforms;
c. allows the opportunity to provide soft landscaping between buildings;
d. does not present an appearance of bulk to adjacent properties, roads or other areas
in the vicinity of the site.
Acceptable Outcome AO8.1 of the Low density residential zone code state:
AO8.1 Site cover of all buildings and structures on site does not exceed:
a. for a single storey building – 50%;
b. for a building of 2 storeys –
i. 50% for one of the storeys; and
ii. 30% for the other storey; or
iii. 40% for both storeys.
The proposed dwelling has 3 levels, with the lower 2 floors having a site cover of 29% and the
upper floor 15%. From a birds eye view, the proposed dwelling will have a total site cover of 44.6%
and overall will present a similar bulk as a building compliant with AO8.1. The proposed building
is further in keeping with surrounding development and will not present an appearance of bulk to
the adjacent properties considering their bulk.
Building Height
Performance Outcome PO7 of the Low density residential zone code state:
PO7 Buildings and structures:
a. are low rise and present a building height consistent with structures on adjoining and
surrounding premises and with the predominant character of the area;
b. are designed to provide an interesting streetscape and complement landform
changes;
c. do not visually dominate the street or surrounding area;
d. respect the scale of surrounding vegetation and maintain a vegetated skyline;
e. do not unreasonably obscure views or lead to overshadowing of neighbouring
properties; and
f. do not exceed two storeys.
Acceptable Outcomes AO7.1 & AO7.2 of the Low density residential zone code state:
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AO7.1 Buildings and structures are no more than 8 metres in building height and do not exceed 2
storeys.
AO7.2 Where excavation is required, the maximum portion of the exposed external façade of the
building cannot exceed 8m in building height.
The proposed building exceeds the maximum building height for the area of 8m being 8.2m from
natural ground level, with the portion of exposed external façade of the building also exceeding
8m. This occurs on the northern side of the building for a short section of roof and is considered
reasonable given the site’s topography. It will also not visually dominate the street or the
surrounding area or unreasonably obscure views or result in overshadowing.
Figure 7 – Height Exceedance
Front & Side Setbacks
Performance Outcome PO9 of the Low density residential zone code state:
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 and access to sunlight;
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 and
outdoor living;
f. be consistent with the predominant character of the streetscape; and
g. protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
Acceptable Outcome AO9 of the Low density residential zone code state:
AO9.1 Buildings and structures have a setback of 6 metres from the road frontage, provided that
setback to one frontage may be reduced to 4.5 metres where the lot:
a. has frontage to more than one road; and
b. is less than 600m2 in area; or
c. is less than 15 metres in width.
AO9.3 Buildings and structures meet the following minimum setbacks to boundaries other than
road frontages and rear boundaries:
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a. 1.5 metre setback up to 4.5 metres height;
b. 2 metres setback between 4.5 metres and 7.5 metres height; and
c. 2.5 metres if above 7.5 metres height.
AO9.4 Notwithstanding the provisions of AO9.2 and AO9.3, a lesser building setback to:
a. side and rear boundaries may apply for the following provided they comply with the
Queensland Development Code:
i. open carport;
ii. swimming pool, garage/shed; and
iii. rainwater tank, retaining walls, screens and fences not exceeding 2
metres in height; and
b. front boundaries may apply for the following provided they comply with the
Queensland Development Code:
i. swimming pool less than 1m above ground level; or
ii. decks or balconies less than 1m above ground level.
The proposed garage and pergola intrude into the front and side setbacks with the garage non
compliant with the QDC requirements due to its height from NGL. This results in very little
landscape opportunities to the Arakoon frontage and offers limited opportunities for glimpses of
the ocean between the buildings along Arakoon Crescent which is a poor outcome. However,
review of the current approved plans for the site, streetscape and neighbouring garage to the
southern boundary finds that the proposed reduced front and side setbacks are generally
consistent with the approved plans of development, albeit with the garage on the northern side
boundary. The setbacks are also reflective of the predominant character of the street and will not
adversely impact on neighbouring amenity for this reason.
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Figure 8 – Existing Streetscape and Neighbouring Garage
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Development Engineer – as conditioned.
5. 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. MCU19/0008.02, to make a minor change to an existing approval
for a Dwelling House situated at 22 Arakoon Cres Sunshine Beach described as Lot 793 RP 48111,
Council on 24 May 2023 decided to:
A. Approve the change.
B. Amend conditions 2, 3, 5, 6, 14, 17, 19, 25, 26 to read as follows:
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2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
100 DA-6 Site Plan prepared by Robinson Architects 06/04/2023
105 DA-6 Lower Ground Plan prepared by Robinson 06/04/2023
Architects
106 DA-6 Ground Floor Plan prepared by Robinson 06/04/2023
Architects
107 DA-6 First Floor Plan prepared by Robinson 06/04/2023
Architects
108 DA-6 Roof Plan prepared by Robinson Architects 06/04/2023
205 DA-6 North Elevation prepared by Robinson 06/04/2023
Architects
206 DA-6 East Elevation prepared by Robinson 06/04/2023
Architects
207 DA-6 South Elevation prepared by Robinson 06/04/2023
Architects
208 DA-6 West Elevation prepared by Robinson 06/04/2023
Architects
305 DA-6 Section SO1 prepared by Robinson 06/04/2023
Architects
306 DA-6 Section SO2 prepared by Robinson 06/04/2023
Architects
307 DA-6 Section SO3 prepared by Robinson 06/04/2023
Architects
3. The maximum height of the development must be in accordance with the approved plans
and not exceed 8 metres above the natural ground level.
5. The dwelling must be backfilled in accordance with the approved plans.
6. No structures or buildings are to be located within the 15-metre setback to the eastern
boundary, except where uncovered, unenclosed cantilevered balconies that do not extend
greater than 3 metres seaward of the coastal building line, or as otherwise detailed on
Approved Plan 108-DA6.
14. A sealed access driveway must be provided from Arakoon Crescent to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must be generally in accordance with SCG Consulting’s
Driveway & Access Plan (32288-OW2.1) dated December 2022.
17. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken generally in accordance with SCG Consulting’s
Stormwater Management Plan (32288-SW1.1) dated December 2022.
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19. All earthworks must be undertaken generally in accordance with SCG Consulting’s
Earthworks Plan (32288-OW3.1) dated February 2023. All earthworks and associated
retaining structures/batters, both above and below ground level, both temporary and
permanent, must be contained entirely within the subject site unless written permission from
the respective landowner(s) is provided to Council.
25. All works must be carried out in accordance with the recommendations contained in Pacific
Geotech’s Geotechnical Stability Assessment: Version 3 (PG-2096) dated March 2023.
26. Certification must be submitted to Council from a suitably qualified person* which certifies
that the development has been constructed in accordance with the recommendations
contained in Pacific Geotech’s Geotechnical Stability Assessment: Version 3 (PG-2096)
dated March 2023. *(Refer to advisory note)
C. Delete condition 27.
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