Minor Change Report 51901.3604.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Contract Planner, Ben Thrower
Development Assessment

APPLICATION DETAILS
Application No.	51901.3604.01
Development Approval	Multiple Dwelling Class “B” - 65 Units
Applicant	JDBA Certifiers
Request Received On	27 March 2019

PROPERTY DETAILS
Property Address	Culgoa Point 5 Quamby Pl Noosa Heads Qld 4567
RP Description	Lot 0 BUP 4076
Land Area	1.107ha
Existing Use of Land	55 Units

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosa Heads
Zone	Attached Housing
Overlays	Natural Hazard (Flood and Acid Sulphate Soils)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development in the form of altering the spatial arrangement of the existing pool and associated pool area as follows:
The existing diamond shape pool and spa replaced with a new 25m lap pool, spa, and children’s wading pool;
The new spa pool will be situated 6.5m north easterly from Weyba Creek; and
The lap pool will be situated 10.0m increasing to 13m north easterly from Weyba Creek.
The locality and relevant proposal plans are included below (Figures 1 to 3).

Figure 1: Locality Aerial Image (2018)

Figure 2: Approximate area subject to this application

Figure 3: Proposed change to the existing spatial arrangement of the existing pool and associated pool area
background
A conditional development approval for a Multiple Dwelling Class “B” (65 Units) was issued on 4 February 1980.
On 27 July 1993, a conditional approval for modification to the approved plans, in the form of 7 replacement visitor carparks, was issued.  The approval and associated application was in response to Council becoming aware that other ancillary infrastructure had been built over existing onsite car parks.
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code; and
Residential Uses Code.
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 seeks changes to the ancillary pool and pool area only;
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 mattes 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 subject site is located in the Noosa Heads Locality and is zoned Attached Housing. The proposed use is defined as consistent use with the zone and is required to follow a minor change application process.
It is noted the proposed alterations result in minimal change to the existing built footprint and is within the required setbacks and site cover and below the maximum height limits in accordance with the corresponding Noosa Plan code provisions.
On this basis, the application has been found to generally comply with all applicable statutory instruments.
New Plans
A consequential Condition 2 has been included so to reference the new plans submitted as part of the application.
draft planning scheme
The draft New Noosa Plan provisions are similar to the current Planning Scheme and therefore no change to the assessment outcome would result from the new Noosa Plan.
cONSULTATION
Referral Agencies
Nil
Other Referrals
Nil
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. 51901.3604.01, to make a minor change to an existing approval in the form of altering the spatial arrangement of the existing pool and associated pool area situated at Culgoa Point 5 Quamby Pl Noosa Heads Qld 4567, described as Lot 0 BUP 4076, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on ………… decided to:
A.	Approve the change.
D.	Include the following additional conditions:
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
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
WD 1.4	A	Ground Floor Plan drawn by Sparks Architects	17/07/2018
WD 1.4	A	Ground Floor Plan drawn by Sparks Architects	17/07/2018
WD1.5	A	First floor and Roof Plan	17/07/2018
WD 4.1	A	Construction Details	17/07/18
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.

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