Minor Change Report 51993.594.01

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

APPLICATION DETAILS
Application No.	51993.594.01
Development Approval	Multi-Unit Housing (6 Townhouses)
Applicant	Robert James Dutton TTE
Request Received On	17 April 2019

PROPERTY DETAILS
Property Address	Sails Royale 26 Sunseeker Cl Noosaville Qld 4566
RP Description	Lot 0 BUP 104383
Land Area	2,160m²
Existing Use of Land	Multi-Unit Housing (6 Townhouses)

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosaville locality
Zone	Attached Housing
Overlays	Natural Hazard (Flood)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval by extending the existing floor area of by 16m².    The new floor area is proposed to be within 0.9m of the side boundary setback for a wall length of 6.6m and height of 2.6m.
The proposed extension will replace an existing approved covered pergola.
The locality and proposal plans are included below (Figures 1, 2 and 3).

Figure 1: Locality Image (2018 photograph)

Figure 2: Site Plan

Figure 3: Elevation Plans

background
A development approval for 8 Multiple Dwellings was issued on 21 July 1993 and amended on 23 March 1995 by deletion of all amended conditions.  6 Multiple Dwelling were subsequently constructed on the site in accordance with approved plans, refer to Figure 4. The following items are relevant to the assessment of the proposed extension:
Site Cover 29%; and
Gross Floor Area 791m².

Figure 4: Site Plan approved 23 March 1995
On 11 August 2011, Building Works Approval was granted for the pergola which is proposed to be replaced by the proposed development (refer to Figures 5, 6 and 7).

Figure 5: Pergola Site Plan approved 11 August 2011

Figure 6: Pergola Elevation Plan approved 11 August 2011

Figure 7: Pergola Elevation Plan approved 11 August 2011

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:
Noosaville Locality Code;
Residential Uses Code;
Works Codes;
Landscaping Code; and
Natural Hazards Overlay Code (Flood)
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 a slight variance to the existing floor area of only 16m²;
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 Noosaville 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.
The application has been found to generally comply with all applicable statutory instruments. Pertinent issues arising out of the assessment are listed in Table 2.
Table 2: Pertinent issues arising out of the assessment
Criteria	Planning Scheme	Existing/Approved	Proposed	Complies
Side Boundary Setback	1.3m (half the building height)	0m to Existing Pergola 2.7m to the building wall.	0.9m	X
Site Cover	Max 864m² (i.e. Max 40% site area)	621m² (i.e. 29%)	637m² (i.e. 30%)	
Gross Floor Area (GFA)	Max 864m² (i.e. 21.6 persons x 40m²)	791m²	880m²	
Side Boundary Setback
The proposed development seeks a side boundary setback of 0.9m, i.e. within the prescribed 1.3m setback.  Based on the assessment outcomes at the time of the original approval, the additional floor area sought is considered consistent with the corresponding Specific Outcomes on the basis:
The built form is only 2.6 high at the closest point to the boundary for a length of only 6.6m;
The subject boundary adjoins an unformed road reserve; and
The nearest dwelling is located about 12m from the subject boundary.
On this basis, the dwellings proposed side setback:
Provides amenity for the users of the premises;
Preserves the visual privacy of the adjoining and nearby dwellings; and
Allows for landscaping to be provided between the building and the side boundary.
Is of a scale that is generally compatible with surrounding development;
Does not present an appearance of bulk to the adjacent properties, roads or other areas in the vicinity of the site; and
Allows for soft landscaping to be provided between the building and the side rear boundaries.
A consequential change to Condition 2 is recommended to update the approved plans accordingly.
draft planning scheme
The relevant New draft 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 application seeks a minor change for a multi-unit dwelling by way of extending the existing floor area of by 16m².    The new floor area is proposed to be within 0.9m of the side boundary setback for a wall length of 6.6m and height of 2.6m.
The proposed development is considered to generally comply with the original assessment outcomes against 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. 51993.594.01, to make a minor change to an existing approval for Multi-Unit Dwellings situated at Sails Royale 26 Sunseeker Cl Noosaville Qld 4566 described as Lot 0 BUP 104383, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Amend condition 2 to read as follows:
Plan No.	Rev.	Plan/Document Name	Date
1859 SK03		Proposed Conditions Level 1 Plan By Greg Gibbs Architects	March 2019
1859 SK04		Elevations By Greg Gibbs Architects	March 2019

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