Minor Change Report 132001.210140.1

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	132001.210140.1
Development Approval	Material Change of Use for a Dwelling in a Sand Dune Problem Area and Operational Works for Landscaping
Applicant	Jennifer and Richard Fiddis C/O RG Strategic
Request Received On	1 March 2021

PROPERTY DETAILS
Property Address	Noosa Dunes 9/512 David Low Way, Castaways Beach Qld 4567
RP Description	Lot 9 on SP111721
Land Area	794m2
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Bushfire Hazard (Potential Impact Buffer) Coastal Protection Landslide Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval, which includes:
replacement of the existing deck (within the building envelope) and a 22.5m2 extension to the deck, totalling 41.7m2. The extension to the deck is proposed to be located outside of the building envelope (refer to Figure 1 and 2);
a new 0.9m wide pedestrian steps and pathway from the front boundary to the proposed new deck, totalling approximately 11.5m2, proposed to be located outside of the building envelope (refer to Figure 2); and
new landscaping treatment to the street frontage (refer to Figure 3).

Figure 1: Existing deck being replaced

Figure 2: Proposed deck replacement (outlined in red) and 22.5m2 deck extension and 11.5m2 footpath (shaded in red)

Figure 3: Proposed new landscaping
background
A development approval for a Material Change of Use for a Dwelling in a Sand Dune Problem Area and Operational Works for Landscaping was approved on 12 July 2001.
The subject site is located within the Noosa Dunes (formerly Marcus Dunes) estate and as such is subject to the provisions of Plan of Development POD65 – Marcus Dunes Estate, which includes mapped ‘Building/yard envelopes’ and ‘Natural vegetation in lots to remain untouched’ on the approved plan (refer to Figure 4).

Figure 4: Plan of Development POD65 – Marcus Dunes Estate
It is noted that the proposed works subject to this application had commenced on site. The owners where contacted by Council on 25 January 2021 regarding the requirement for an application to be lodged for works outside of the building envelope and were informed works on site must cease until the relevant application had been finalised.  A site inspection on 1 April 2021 indicated works have ceased, with limited further work carried out to retain the block since the 25 January 2021 site inspection (refer to Figure 5) have occurred.

Figure 5: Site inspection 25 January 2021

Figure 6: Site inspection 1 April 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
Noosa Plan 2020.
The following codes from the Noosa Plan are applicable to this development:
Low Density Residential Zone Code;
Low Density Housing 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 no new use is proposed and the addition does not dramatically change the built form in terms of scale, bulk and appearance;
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
Material Change of Use Conditions 5 and 11

Landscaping Condition 1
Applicant’s Request

Assessment of Request
The subject site is located within the Noosa Dunes (formerly Marcus Dunes) estate and as such is subject to the provisions of Plan of Development POD65 – Marcus Dunes Estate, which includes mapped ‘Building/yard envelopes’ and ‘Natural vegetation in lots to remain untouched’ on the approved plan (refer to Figures 7 - 9).
	
Figure 7: Subject site	Figure 8: Subject site building envelope

Figure 9: Plan of Development over subject site
Historical aerial photography indicates that the front yard area has been retained and turfed since at least 2008, with no significant vegetation located within the mapped area of ‘natural vegetation in lots to remain untouched’ under the POD. It is also noted the Banksia and Moreton Bay Ash marked for retention on the approved Landscape Plan were removed from the site prior to 2008, contrary to the original approval (refer to Figure 10).

Figure 10: Excerpt of approved Landscape Plan
Replacement of the existing deck
The replacement of the existing deck is ‘like for like’ and is located entirely within the building envelope and as such raises no concerns and therefore is supported.
Extension to the existing deck
The proposed 22.5m2 extension to the decking outside of the building envelope is raised approximately 0.4m (maximum) above the existing ground level and is considered relatively minor in nature. The deck is not visible from the road frontage or the adjoining property to the north (refer to Figures 11 and 12) and is setback 2m from the northern boundary.

Figure 11: As constructed deck extension

Figure 12: Road frontage and vegetation along northern boundary
The proposed deck, although located within the ‘Natural vegetation in lots to remain untouched’ portion of the subject site, is predominatly located on the area of the site approved as turfed area, with no vegetation proposed to be removed in order to construct the structure. The 22.5m2 deck extension will be offset against the previously approved 34.5m2 of turfed area, and as such is considered consistent with the previously approved landscaping plan (refer to Figure 14). Additionally, the amended Landscaping Plans subject to this application propose removing the additional 12m2 of turfed area, and propose extensive planting in this location, in accordance with Council’s Planning Scheme Policy PSP2 – Landscaping.. As such, the deck is supported.

Figure 13: Proposed Landscaping Plan

Figure 14: Approved Landscaping Plan, including 34.5m2 of turfed area (shaded red)
Pedestrian Pathway (Boardwalk)
The proposed 0.9m wide pedestrian steps and pathway from the front boundary to the proposed new deck, totalling approximately 11.5m2 is at ground level and is consistent with pedestrian access located on a number of other properties within Noosa Dunes, including (but not limited to) 3, 7 and 8/512 David Low Way.
It is noted the existing approved Landscaping Plan included scattered pavers within the ‘Natural vegetation in lots to remain untouched’ (refer to Figure 14). The boardwalk will be offset against these approved pavers and do not result in a net increase in hardstand within the mapped ‘Natural vegetation in lots to remain untouched’ area. As such, the boardwalk is supported.
Landscaping Treatment
The proposed amended Landscaping Plan is in accordance with Planning Scheme Policy PSP2 – Landscaping, and includes the provision of two Banksia and one Pink Bloodwood (in lieu of a Moreton Bay Ash) to replace the vegetation removed from site, contrary to the previously approved Landscaping Plan (refer to Figure 10). The proposal will greatly increase native vegetation on site, is a superior outcome to what currently exists, and is in keeping with the original intent of the building envelops and areas marked as ‘Natural vegetation in lots to remain untouched’ approved under the Plan of Development. As such, the amended Landscaping Plan is supported.

cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed minor change generally complies with the requirements of the original approval and does not raise any significant issues. The application is therefore recommended for approval.
RECOMMENDATION
With regard to Application No. 132001.210140.1, to make a minor change to an existing approval for Material Change of Use for a Dwelling in a Sand Dune Problem Area and Operational Works for Landscaping situated at Noosa Dunes 9/512 David Low Way, Castaways Beach and described as Lot 9 on SP111721, Council on 29 April 2021 decided to:
Approve the change.
Amend Material Change of Use conditions 5 and 11 to read as follows:
The proposed dwelling, building work or any construction shall not encroach into any areas depicted as ‘Natural vegetation in lots to remain untouched’ in the Plan of Development for this estate, excluding works shown on the approved Landscape Plans LP01 and LP02 (Rev C) prepared by North Coast Environmental Services, dated 20 April 2021.  Care shall be taken when excavating that earthworks batters do not extend into these areas nor extend over the boundary alignment at any other location.
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
A-CD01	A	Overall Site Plan, prepared by Casa Concepts	Feb 2021
A-CD02	A	Partial Site Plan, prepared by Casa Concepts	Feb 2021
A-DA-1-01	B	Area Calculations, prepared by Casa Concepts	25 Mar 2001
WD-1-02	B	Ground Floor Plan, prepared by Casa Concepts	25 Mar 2001
WD-1-03	B	First Floor Plan, prepared by Casa Concepts	25 Mar 2001
WD-1-04	B	Second Floor Plan, prepared by Casa Concepts	25 Mar 2001
WD-12-01	B	Elevations, prepared by Casa Concepts	25 Mar 2001
WD-2-03	B	Section AA, prepared by Casa Concepts	25 Mar 2001
WD-2-04	B	Section BB, prepared by Casa Concepts	25 Mar 2001
WD-2-05	B	Section CC, prepared by Casa Concepts	25 Mar 2001
Amend Landscaping condition 1 to read as follows:
The site is to be landscaped in accordance with Council’s Planning Scheme Policy PSP2 – Landscaping and the approved Landscape Plans LP01 and LP02 (Rev C) prepared by North Coast Environmental Services, dated 20 April 2021.
Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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Condition 5 reads as:

5

The proposed awelling, building work orany construction shall not encroach into any areas
depicted as ‘Natural vegetation in lots to remain untouchea’' in the Plan of Development
for this estate. Care shall be taken when excavating that earthworks batters do not
‘extend into these areas nor extend over the boundary alignment at any other location.

4.2. Proposed Change to Condition §

Change Condition 5 toread:

8.

The proposed dwelling, building work or any construction shall not encroach into any areas
depicted as ‘Natural vegetation in lots to remain untouched’ in the Plan of Development
for this estate notwithstanding approved landscaping works. Care shall be taken when
excavating that earthworks batters do not extend into these areas nor extend over the
boundary alignment at any other location.


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4.4 Proposed Change to Condition 11

Change Condition 1! to read:

q Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are titled and/or numbered as
per the following, and as may be amended by these conditions:

 

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Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are titled and numbered Site Plan (WD-1-01 rev D), Area
Calculations (A-DA-1-01 rev A), Ground Floor Plan (WD-1-02 rev B), First Floor Plan (WS-1-03 rev B),
Second Floor Plan (WD-1-04 rev B), Elevations (WD-2-01 rev B), Section AA (WD-2-03 rev B), Section
BB (WD-2-04 rev B), Section CC (WD-2-05 rev B) prepared by Casa Concepts and dated 25 Mar 2001
and as may be amended by these conditions

The stairs and deck provided along the southern elevation of the building are not to encroach beyond the
building envelope


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Landscaping

The site is to be landscaped in accordance with Council's Policy on Landscaping Guidelines and the
approved Plan of Development. The approved plans are titled and numbered Landscape Plan Existing
Vegetation (617/1) and Landscape Plan Planting (617/2), prepared by Glen Gloster and may be amended
by these conditions.

1.1 The stairs and deck provided along the southern elevation of the building are not to encroach
beyond the building envelope

1.2 Landscaping is to be completed prior to the premises being occupied and maintained at all times
thereafter.