Minor Change Report 132002.220527.2

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Georgina Schramm
	Development Assessment

APPLICATION DETAILS
Application No.	132002.220527.2
Development Approval	132002.220527
Applicant	Artbeech Pty Ltd
Request Received On	23 March 2022
Report Reviewed By	Nadine Gorton 6.05.2022
Decision Due Date	22 April 2022

PROPERTY DETAILS
Property Address	17 Webb Rd Sunshine Beach Qld 4567
RP Description	Lot 1 RP 151243
Land Area	2,013 square metres
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Acid Sulfate Soils Coastal Protection Landslide Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for the purpose of changing outdoor entertaining areas and internal renovations. More specifically the changes include:
The relocation of the existing pool from the northern boundary to the southern end of the premises, accessible from the master bedroom, including a small outdoor area;
Extension to the outdoor area by an approximate 57 square metres into the open landscaped area, and inclusion of a retractable pergola over a sunken firepit (as illustrated in Figure 5);
The enclosing of the terrace to create a piano room, increasing the gross floor area by 13.77 square metres (see Figure 4);
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Pool Plan
Figure 4 – Piano Room Plan

Figure 5 – Outdoor Area

Figure 6 – Pool Sections
background
A development approval for a Material Change of Use of premises for the purpose of extending the existing Dwelling House in Sand Dune Problem Area was approved on 3 February 2003, under the Integrated Planning Act 1997.
A subsequent development permit was approved on 26 May 2015 for the purpose of altering the 2003 permit to reduce the existing three (3) storey section of the dwelling to 2 storeys, adding 3 vehicle spaces and a caretakers flat. The proposal does not protrude any further seaward than the existing dwelling.
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
The Noosa Plan 2020.
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 changes include minor alternations to outdoor living/recreational areas and internal renovations;
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
The following codes from the Noosa Plan 2020 are applicable to this development:
Coastal Communities Local Plan Code;
Low Density Residential Zone Code;
Low Density Housing Code;
Works Codes;
Coastal Protection and Scenic Amenity Overlay Code.
The proposed changes increase the gross floor area and site cover on the premises that remains in compliance with the Noosa Plan 2020.
Conditions 1 & 15 – Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered A-WD-1-03 Rev A, A-WD-1-02 Rev A, A-WD-1-01 Rev B and A-WD-1-04 Rev B prepared by Casa Concepts and dated 01 Sept 01 and as may be amended by these conditions.
AND
15. 	Development undertaken in accordance with this change to existing approval 132002.220527.1 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
		Proposed Site Plan, prepared by PCA Architect as annotated by Council	26 May 2015
		Proposed Ground Floor Plan, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed First Floor Plan, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed East Elevation, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed North Elevation, prepared by PCA Architects	26 May 2015
		Proposed West Elevation, prepared by PCA Architects	26 May 2015
		Proposed South Elevation, prepared by PCA Architects	26 May 2015
Applicant’s Request
Site cover is only slightly increased by two percent, which will not impact upon the existing stormwater characteristics of the subject site. The dwelling will maintain the existing stormwater connection point historically approved along the southern boundary, and no changes to the approved Geotechnical / stormwater reporting is required. No additional storeys are proposed, nor bedrooms that would increase the intensity of the use or built form presence. The proposed works will not require the removal of any significant vegetation and minimal earthworks are required. Of note, an existing retaining wall will be reconstructed in a like nature and location to that of the existing, adjacent to the proposed outdoor entertaining/fire pit area.
The proposed area of works for the new pool will involve approximately 90m3 of excavation. Whilst the subject site is mapped within the Acid Sulfate Soils overlay, the area of works is located well above five metres AHD (approximately 13-14 metres AHD) and does not exceed 100m3. As a result, detailed assessment of this matter is not required in accordance with Figure 5.9.1.1 of the Planning Scheme.
The proposed development maintains complete exclusion from the prescribed six metre coastal overlay setback. As the area of works are located within existing private landscaped and built areas, detailed geotechnical reporting was not considered necessary in this particular instance.
Furthermore, the enclosing of a section of the courtyard attached to the lounge for the purpose of the piano room, will increase the gross floor area by 13.77 square metres.
Assessment of Request
The proposed works will coincide with Conditions 1 and 15 of the prior approvals.
The proposed internal building works are specific to the ground floor components of the existing dwelling. The relocation of the pool to the south-eastern end of the existing dwelling (accessible from the master bedroom) is not encroaching into the 6 metres from the seaward boundary of the site. The works do not trigger assessment against the Acid Sulfate Soils Overlay as they are below the stipulated threshold and a condition will be imposed for excavation work not to reach 100 cubic metres.
The proposed extension to the outdoor area, enclosing of the outdoor courtyard, new pool and subsequent decking will increase the total site cover by an approximate 65.3 square metres, and an additional 13.77 square metres of gross floor area. The increase in site cover and GFA does not introduce any new inconsistencies or increase the severity of any impacts.
The extension to the northern outdoor area and the new pool are both located in the Landslide Hazard Overlay, a revised geotechnical is to be prepared prior to the undertaking of works.
The proposed ‘sunken firepit’ as illustrated on Plan No. 21884-TP-203	-C, Outdoor Area prepared by Monumentous, dated 21 January 2022, is contrary to Local Law 3 (Community and Environmental Management) 2015 and corresponding Subordinate Local Law 3. Council’s Local Law prohibit fires in urban areas within the Noosa Shire. Therefore, the firepit is not approved in conjunction with the development application and is to be removed from the relevant plans and building works.
The proposed changes do not raise any further non-compliances with the provisions with the scheme and can be conditioned to comply.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
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. 132002.220527.2, to make a minor change to an existing approval for the purpose of a Dwelling House situated at 17 Webb Rd, Sunshine Beach, Qld 4567, described as Lot 1 RP 151243, Council on 9 May 2022 decided to:
Approve the change.
Include additional Conditions 17, 18, 19, 20.
Amend Condition 15 to read as follows:
Approved Plans
15. 	Development undertaken in accordance with this change to existing approvals 132002.220527.1 & 132002.220527.02 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
		Proposed Site Plan, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed Ground Floor Plan, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed First Floor Plan, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed East Elevation, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed North Elevation, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed West Elevation, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed South Elevation, prepared by PCA Architects as annotated by Council	26 May 2015
2184-TP-101	C	Site Plan prepared by Monumentous	21 January 2022
2184-TP-201	C	Pool Plan prepared by Monumentous	21 January 2022
2184-TP-202	C	Piano Room Plan prepared by Monumentous	21 January 2022
21884-TP-203	C	Outdoor Area prepared by Monumentous, as amended by Council	21 January 2022
2184-TP-401	C	Pool Sections prepared by Monumentous	21 January 2022
Include additional conditions 9 May 2022
17. 	The ‘retractable pergola’ as identified on Plan No. 2184-TP-203-C, dated 21 January 2022, is not to be an enclosed space.
18. 	Excavation on the site is not to exceed 99 cubic metres of material.
19. 	The proposed works will include:
the replacement and relocation of a new swimming pool;
extension to the outdoor area into the landscaped area;
inclusion of a retractable pergola; and
part enclosure of a terrace for the purpose of an additional room.
20.	All works must be carried out in accordance with a Geotechnical Report for the site prepared by a qualified person*. Certification must be submitted to as part of the application for building works from a qualified person* which certifies that the site is not at risk from landslide emanating from the site or from other land.
*(Refer to Advisory Note)
D.	Include the following additional Advisory Note:
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.

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