Minor Change Report 51994.1263.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Wilhelm Koschade
Development Assessment
APPLICATION DETAILS
Application No.	51994.1263.02
Development Approval	Duplex Dwelling
Applicant	John Kemp & Partners
Request Received On	19 February 2018

PROPERTY DETAILS
Property Address	2/11 Sunseeker Cl Noosaville Qld 4566
RP Description	Lot 167 P 845980
Land Area	No Land Area details available
Existing Use of Land	Duplex Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville Locality
Zone	Attached Housing Zone
Overlays	Not Applicable
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change the existing development approval. The proposed changes primarily relate to landscape works within the 4.5m revetment wall setback. Contrary to the previous approval, the applicant has undertaken earthworks and developed various retaining structures intended for landscaping within the 4.5m setback.
Engineering certification prepared by RL Cullen & Associates has been provided by the applicant confirming the works do not place additional load on the revetment and all flood storage has been increase over the site resulting from the cut.
A locality and proposal plan is provided below. Photos of the existing development is included further below.

background
A Development Permit for a Duplex Dwelling was issued on 21 September 1994. At the time the original application was publicly notified, 0 properly made submissions and 0 not properly made submissions were received.
On 5 December 2016, Council approved a change to the existing approval permitting renovations to unit 2 including a deck extension to the rear of the dwelling unit. The proposed renovations demonstrated compliance with the minimum 4.5m revetment wall setback with the exception of timber stairs encroaching in the setback. The revetment wall setback area was proposed to be landscaped with soft landscaping (refer insert below).

A site inspection revealed that the applicant did not develop the site in accordance with the approval by including retaining structures within the setback (as per inserts below).

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:
Building Works 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 does not result in substantially different 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 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
Revetment Wall Setback
Probable Solution S26.1 of the of the Building Works Code requires all building works, fill or excavation to be outside a 4.5m setback to the centre line of the revetment wall. The minimum setback is sought to ensure development does not place additional load on the revetment wall which may pose a risk to the membrane adjoining the wall. In addition, the code does not seek development to reduce onsite flood storage capacity by undertaking building works or earthworks in the setback area.
The application has provided engineering certification from RL Cullen & Associates. The engineering report certifies that the landscaping including earthworks and retaining structures does not compromise the stability of the revetment wall or its membrane. In addition, the report confirms that canal flood storage volume has not been reduced as a result of the works.
RECOMMENDATION
With regard to Application No. 51994.1263.02, to make a minor change to an existing approval for building works within the 4.5m setback to revetment wall situated at 2/11 Sunseeker Cl NOOSAVILLE QLD 4566 described as Lot167 P 845980, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Agree to amend the list of Approved Plans to include:
Plan No.	Rev.	Plan/Document Name	Date
Dwg. 01	-	Landscape Works within Revetment Wall Setback (annotated)	20/03/2018
C.	Include the following additional conditions:

22. 	No tree species with a mature height of over 3m is permitted within 4.5m of the revetment wall.
23. 	Side boundary fences within 4.5m of the revetment wall taper down to a maximum height of 1.2m at the revetment wall and no more than 1.5m at a distance of 2.25m from the revetment wall.

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