2020-09-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                8 SEPTEMBER 2020


   On 11 June 2020 a minor change was approved for an upgrade to an existing pool deck area
     within the 10 metre boundary setback. The approval included an approximately 31m2 pergola
     extending from the face of the existing building, an increase in the height of a wall to the east
     of the eastern side of the existing stairwell, relocation of the spa and cosmetic improvements
     to the face of existing walls within the pool deck area. The area subject to this approval is
     located in the north western corner of the lot and is not associated with this current minor
     change application.
   It is noted that unapproved works have been carried out on the subject site. This minor
     change application requests to modify and retrospectively approve these currently
     unapproved works, including enclosing the open terrace/dining area as currently exists
     (referred to as the ‘enclosed dining area’ in this report), and the deck area located within the
     Main Beach entry area, which is currently being used for outdoor dining (referred to as
     ‘outdoor dining area’ in this report).
3.   ASSESSMENT
3.1. 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
     changes do not alter what the uses allowed under the original approval, whilst the built form
     changes are minor in terms of the overall scale and bulk of the existing development;
   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.
3.2. 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.
3.3. Planning Scheme
Setbacks
Probable Solution S8.1 of the Noosa Heads Locality Code requires a 10m setback from the front
boundary to The Parade (beach), however does not specify side setbacks for this location. The
proposal includes a 2.63m setback to the enclosed dining area.
Specific Outcome O8 of the Noosa Heads Locality Code requires that:
Buildings and other structures are appropriately designed and sited to—
a)   provide amenity for users of the premises as well as preserve the visual and acoustic amenity
     of adjoining and nearby properties;

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