Minor Change Report MCU17 0004.04 · MCU17/0004.04

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

APPLICATION DETAILS
Application No.	MCU17/0004.04
Development Approval	MCU17/0004
Applicant	Greg Tyquin
Request Received On	10 October 2022
Report Reviewed By	Nadine Gorton 27.10.2022
Decision Due Date	7 November 2022

PROPERTY DETAILS
Property Address	River Homes On Elizabeth 46 & 48 Elizabeth St Noosaville Qld 4566 (specific to Unit 4 / House 4)
RP Description	Lot 0 SP 293288, Lots 1 & 2 SP 293288 & Lots 1 & 2 SP293287
Land Area	1,371.85m2
Existing Use of Land	Duplex x 2

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Area Plan	Noosaville Local Plan
Overlays	Acid Sulfate Soils Flood Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval for the purpose of a 4.5m x 1.8m x 2.1m high garden shed within the existing landscaped area of Unit 4.
The proposal will contribute 8.1m2 to site cover and gross floor area. The building is proposed to be built in the north eastern corner of Lot 6 SP156216 (Unit 4).
The shed will have a skillon roof with the roof falling away from the property boundary to avoid stormwater runoff from the roof causing a nuisance to the neighbours.
The existing fence along the eastern boundary is a 2.0m high solid timber fence. The existing fence along the northern boundary is a 1.9m high timber fence with 90% obscurity i.e. 90mm timber palings with a 10mm gap. Therefore, only the very top of the shed will be visible to either neighbour.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
background
On 26 March 2017, a combined development permit was issued for the purpose of Material Change of Use (Duplex x 2), Reconfiguration of a Lot (Boundary Alteration), and Operational Works (Stormwater, Earthworks, Landscaping, Carparking and Access).
On 4 March 2019, a minor change application was approved for the purpose of alternations to the roof form, car parking arrangements, internal alterations, changes to storage and revised location for the pool.
In June 2019, an application was lodged for an extension to the currency period however, was later withdrawn as the operational works had lapsed.
On 25 May 2020, a Generally in Accordance letter was issued for slight changes including roof shape and form, covering of Unit 4 rear pergola (complied with site cover), changes to external window treatment. The increase of site cover as a result of the GIA is approximately 6.5m2.
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 development relates to an existing and approved use;
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:
Medium Density Residential Zone Code;
Noosaville Local Plan Code;
Dual Occupancy and Multiple Dwelling Use Code;
Works Codes.
Condition 2 – Approved Plans
Applicant’s Request – Garden Shed
The Change to MCU Application is for the construction of a Garden Shed to be constructed in the north-east corner of the property listed above. The shed is to be constructed on a concrete slab with a steel frame with either steel or timber wall sheeting. The shed will be 4.5m long x 1.8m wide x 2.1m high. The shed will have a Skillion Roof with the roof falling away from the property boundary to avoid stormwater runoff from the roof causing a nuisance to the neighbours. Refer to the attached Skillion Shed Brochure from Bunnings. The existing fence along the eastern boundary is a 2.0m high solid timber fence. The existing fence along the northern boundary is a 1.9m high timber fence with 90% obscurity i.e. 90mm timber palings with a 10mm gap. Therefore only the very top of the shed will be visible to either neighbour. Refer to the attached Photos of the timber fences.
Assessment of Request
Site Cover
The proposed garden shed will contribute 8.1m2 to the sites total site cover, a total of 230.7m2 equating to 33.6%, which remains compliant with the Zone Code provision of 40%.

Gross Floor Area
The total gross floor area of the eastern Duplex (Units 3 and 4) were built to a plot ratio of 0.45:1 at the time of approval. The original development was assessed and approved under the Noosa Plan 2006 which permitted a plot ratio of 45%. The current scheme (Noosa Plan 2020) allows a plot ratio of 0.4:1. In consideration that the proposed extension is for the purpose of an outbuilding and is not a habitable building, and the size of the structure, the increase of plot ratio is considered acceptable.

Setbacks
The proposed structure is proposed to be built to the internal rear boundary of Unit 3, and setback 0.5m from the western side boundary in lieu of 1.5 metres. In consideration of the height of the shed, at its highest point the roof will not exceed 2.1 metres and when considered in relation to the  height of the adjoining fence lines the relaxation is reasonable as only a small portion of the structure will be visible from adjoining properties.

Landscaping
At the time of approval a minimum of 264m2 of landscaping was to be provided per Duplex. Units 3 and 4 exceeded the provision by 37m2, the additional hardstand of 8.1m2 does not raise conflict with the provisions of the Noosa Plan 2020.

The proposed development is recommended for approval.

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. MCU17/0004.04, to make a minor change to an existing approval for Duplex x 2 situated at River Homes On Elizabeth 46 & 48 Elizabeth St Noosaville Qld 4566, described as Lot 0 SP 293288, Lots 1 & 2 SP 293288 & Lots 1 & 2 SP293287, Council on 27 October 2022 decided to:
A. 	Approve the change.
B.	Amend condition 2.
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
18070 D04 of 84	BA - C	Site Plan, drawn by Mercury Design	26.02.2019
18070 D05 of 84	BA - C	General Arrangement Ground Floor Plan, drawn by Mercury Design	26.02.2019
18070 D06 of 84	BA - C	General Arrangement First Floor Plan, drawn by Mercury Design	26.02.2019
18070 D07 of 84	BA - C	Elevations, drawn by Mercury Design	26.02.2019
18070 D08 of 84	BA - C	House 1 External Works Plan, drawn by Mercury Design	26.02.2019
18070 D09 of 84	BA - C	House 1 Ground Floor Plan, drawn by Mercury Design	26.02.2019
18070 D10 of 84	BA - C	House 1 First Floor Plan, drawn by Mercury Design	26.02.2019
18070 D11 of 84	BA - C	House 1 Roof Plan, drawn by Mercury Design	26.02.2019
18070 D12 of 84	BA - C	House 1 Elevations, drawn by Mercury Design	26.02.2019
18070 D13 of 84	BA - C	House 1 Elevations, drawn by Mercury Design	26.02.2019
18070 D14 of 84	BA - C	House 1 Sections, drawn by Mercury Design	26.02.2019
18070 D15 of 84	BA - C	House 2 External Works Plan, drawn by Mercury Design	26.02.2019
18070 D16 of 84	BA - C	House 2 Ground Floor Plan, drawn by Mercury Design	26.02.2019
18070 D17 of 84	BA - C	House 2 First Floor Plan, drawn by Mercury Design	26.02.2019
18070 D18 of 84	BA - C	House 2 Roof Plan, drawn by Mercury Design	26.02.2019
18070 D19 of 84	BA - C	House 2 Elevations, drawn by Mercury Design	26.02.2019
18070 D20 of 84	BA - C	House 2 Elevations, drawn by Mercury Design	26.02.2019
18070 D21 of 84	BA - C	House 2 Sections, drawn by Mercury Design	26.02.2019
18070 D22 of 84	BA - C	House 3 External Works Plan, drawn by Mercury Design	26.02.2019
18070 D23 of 84	BA - C	House 3 Ground Floor Plan, drawn by Mercury Design	26.02.2019
18070 D24 of 84	BA - C	House 3 First Floor Plan, drawn by Mercury Design	26.02.2019
18070 D25 of 84	BA - C	House 3 Roof Plan, drawn by Mercury Design	26.02.2019
18070 D26 of 84	BA - C	House 3 Elevations, drawn by Mercury Design	26.02.2019
18070 D27 of 84	BA - C	House 3 Elevations, drawn by Mercury Design	26.02.2019
18070 D28 of 84	BA - C	House 3 Sections, drawn by Mercury Design	26.02.2019
18070 D29 of 84	BA - C	House 4 External Works Plan, drawn by Mercury Design	26.02.2019
18070 D30 of 84	BA - C	House 4 Ground Floor Plan, drawn by Mercury Design	26.02.2019
18070 D31 of 84	BA - C	House 4 First Floor Plan, drawn by Mercury Design	26.02.2019
18070 D33 of 84	BA - C	House 4 Roof Plan, drawn by Mercury Design	26.02.2019
18070 D34 of 84	BA - C	House 4 Elevations, drawn by Mercury Design	26.02.2019
18070 D35 of 84	BA - C	House 4 Elevations, drawn by Mercury Design	26.02.2019
18070 D36 of 84	BA - C	House 4 Sections, drawn by Mercury Design	26.02.2019
Approved Plans – 27 October 2022 – Unit 4
-	-	Proposed Site Plan Marked Up provided by applicant	29 August 2022
-	-	House 4 External Works Marked Up provided by applicant	29 August 2022
-	-	Elevation provided by applicant	31 August 2022

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SITE PLAN

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) HOUSE 4 EXTERNAL WORKS PLAN