Minor Change Report 51989.1635.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	51989.1635.02
Development Approval	Minor Change to a Town Planning Consent
Applicant	Christina Pearl Caple
Request Received On	28 May 2020

PROPERTY DETAILS
Property Address	Mykonos - 1/37 Duke St Sunshine Beach
Land size	1359.58m2
RP Description	Lot 1 BUP 10951
Existing Use of Land	3 residential units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Attached Housing
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for modifications to Unit 1, which includes the following:
2 ensuite bathrooms - ground floor and level 1;
a new pool and deck on the second level at the south eastern part of the building approximately 3.3 metres from ground level, setback 1.5 metres from the southern boundary and situated behind a new block wall, which is 4.5 metres in height;
timber pergola structure over part of the roof top terrace;
timber feature detail for planting trellis style on the existing north eastern deck.

background
A Town Planning Consent 51989.1635 (TPC 2178) was issued on 10 October 1989 for 3 units.
A modification to enclose an existing deck 51989.1635 (TPC 2178) for Unit 2 was approved on 10 October 1995.
A change for an alternate access via an easement on the adjoining property, the removal of the existing driveway and landscaping to that area was approved on 6 August 2001. As a result of the change 2 operational works application were approved 23061 DA for landscaping and 23022 DA for access.
A change to the development approval was issued 16 April 2012 to renovate Unit 1 within the existing footprint of the building, plus a separate entertainment area overlooking the existing pool.  It is noted that this approval was not acted upon and is no longer relevant with this proposal superseding this.
At the time the original application was publicly notified, no submissions were received.

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.
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 additions are minor in nature and consistent with the existing approval;
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
Superseded Planning Scheme
The development complied with the superseded planning scheme that was current at the time of the original approval. It is pertinent to note that the GFA provisions under The Noosa Plan are less than those of the superseded planning scheme. The GFA permitted at the time of the original approval was 1088m2 whereas The Noosa Plan permits a GFA of 870m2.
The Noosa Plan
The development consists of 3 multiple dwelling units within the Attached Housing Zone of Sunshine Beach in the Eastern Beaches Locality. The Eastern Beaches Locality Code indicates that multiple dwellings are a consist use within the Attached Housing Zone. In this regard the proposed changes to Unit 1 remain consistent with and comply with all the development parameters set out by the code except the setback to the southern boundary and the maximum site cover requirements in Noosa Plan.  Refer to the below table.

Criteria	Planning Scheme	Existing	Proposal	Complies
Population density	9.9 persons max	9.9 persons	No change	
Gross floor area	870 m² max	704 m²	76m2 additional, total 780m2	
Site cover	35% max	29 %	36.1%	X
Landscaped open space	297 m² min	400 m²	Additional landscaping to be conditioned	
Building height storeys metres	3 storeys max 12 metres	3 storeys 11.6 metres	3 storeys No change	
Boundary setbacks Frontage Side Side Rear	6 metres min ½ the building height (2.25m) ½ the building height 6 metres min	6 metres ½ the building height ½ the building height 6 metres	Unchanged 1.5m Unchanged unchanged	X

Applicant’s Request
The applicant has provided plans that reflect the requested changes as stated in the proposal section of this report.  This will result in a change to existing Conditions 2, 27, & 32 which are as follows:
Condition 2
The plans submitted for Building Approval are to comply with the following requirements:
(a)	Front and rear setbacks to be a minimum six (6.0) metres except for the entertainment building for unit 1 which must have a minimum setback of 1.5 metres to the rear boundary, the lift shaft and the roofed pergola structure to the rear of unit 1 must have setbacks in accordance with the approved plans outlined in Condition 27.
(b)	The setback to the second storey of unit 2 to the south eastern side boundary is to be a minimum 3.5 metres.
Condition 27
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 below and may be amended by these conditions and annotations on the plans.
Plan No.	Rev.	Plan Name – Prepared by	Date
WD.101	P8	Site Plan, prepared by Carole Tretheway	8 February 2012
DA.01	P8	Proposed Ground Floor GFA, prepared by Carole Tretheway	8 February 2012
DA.02	P8	Proposed First Floor GFA, prepared by Carole Tretheway	8 February 2012
DA.03	P8	Proposed Roof Terrace GFA, prepared by Carole Tretheway	8 February 2012
WD.502	P8	Proposed North-East Elevation, prepared by Carole Tretheway	8 February 2012
WD.504	P8	Proposed North-West Elevation, prepared by Carole Tretheway	8 February 2012
WD.506	P8	Proposed South-West Elevation, prepared by Carole Tretheway	8 February 2012
WD.508	P8	Proposed South-East Elevation, prepared by Carole Tretheway	8 February 2012
WD.509	P8	Proposed Entertainment Space West Elevation, prepared by Carole Tretheway	8 February 2012
Condition 32
Landscaping
Screening vegetation must be planted along the rear and side boundaries adjacent to the entertainment building in accordance with The Noosa Plan’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 5 metres and a minimum spacing of 1.5 metre centres.

Assessment of Request
The plans provided by the applicant will supersede previously approved additions to Unit 1, which have not be acted on.  The proposal results in additional gross floor area (GFA) of 77m2 – comprised of the upper deck and pool 48m2, plus 22m2 for the 2 new ensuites proposed on the lower and upper floor, and 7m2 of additional GFA for the shade structure on the deck.
The ensuite additions are well screened by existing vegetation, small in floor area, comply with setbacks and integrate well into the existing building.  Therefore, there is no concern with these additions.
Allowable side setbacks as required by Noosa Plan in an Attached Housing zone is half the building height. The pool and deck at an approximate height of 3.3 metres is setback 1.7 metres, which complies with the 1.65 metre setback requirement. The pool and deck are to sit behind the 4.5 metre high block wall, which is proposed to be setback 1.5 metres in lieu of the required 2.25 metre setback.
An assessment against Specific Outcome 05 (setbacks) of the Eastern Beaches Locality Code is required. Specific Outcome 05 requires buildings and structures are appropriately sited to preserve the acoustic and visual privacy of adjoining properties, provide adequate distance from adjoining uses, and provide for and to retain existing vegetation within the setback. The proposal is not seen from the street, but can be sited from the adjoining site to the south. The pool and deck is proposed approximately 4.8 metres from the adjoining residence to the south east, which contains a duplex.  The block wall largely blocks those swimming in the pool from overlooking, although standing on the deck will afford opportunities towards overlooking small windows on the adjoining property. However, this situation exists whereby existing windows look out to the adjoining property. The adjoining residence has an orientation whereby no outdoor private open space or living areas can be overlooked from the proposed pool and deck area, with the exception of a small corner of the north eastern balcony when the shutters are open.
The proposed extensions in this location can be effectively screened from the adjoining property with tall vegetation that will soften the built form and prevent any potential for overlooking into adjoining habitable spaces. Therefore, it is proposed to include a requirement for dense landscaping between the side boundary and the wall to plant native mature vegetation (45L) that grows to a minimum height of 5 metres.  Therefore existing Condition 32 will be amended accordingly.
A semi-open roof structure is proposed 3 metres above the existing floor level over part of the existing roof top terrace covering 29.89 m2 in area.  The applicant plans to include a floating floor decking which results in the structure being 2.7 metres high from finished floor height.  The overall height is approximately 10.8 metres. Existing block work for existing walls will be increased marginally along the southern and western edges to support the new structure and a new pizza oven. The proposed roof will be setback 6.5 metres from the rear boundary in lieu of the required 8 metres in the Attached Housing zone.  However given the proposed roof aligns with the existing and approved building setback and there are no adverse impacts on adjoining property in terms of overlooking, bulk or access to sunlight, there are no issues with the proposed setback of the roof structure.  The additions to the top floor are well within the existing height of the building and the allowable height limit of 12 metres sought by Noosa Plan.

A timber feature structure for training some plantings is proposed on the existing north eastern deck.  This will provide some element of screening for the dwelling where viewed from the adjoining property to the north.  At the present time, the subject deck aligns with the deck on the neighbouring property and the structure will improve privacy between the dwelling units. This structure does not add unnecessary bulk to the building, has no impacts on the adjoining properties’ amenity and is within the allowable setbacks. There is no issue with the proposed change.

As a consequential amendment, Condition 30 & 31 are no longer relevant to the renovation of Unit 1, as no vegetation is to be removed as a result of the proposed changes.  Therefore, it is recommended to delete them. For completeness, these conditions to be deleted are:

30.	Existing trees on the site and within road reserves must be retained, except where required to be removed to accommodate the approved renovations.  In this regard, the trees along the rear boundary adjacent to the proposed entertainment building and the palm tree to the front of the entertainment building must be retained.
31	Trees to be retained must be protected from clearing or construction activities by:
(a)	clearly marking vegetation to be retained with flagging tape
(b)	installing protective fencing around the drip line of the vegetation
(c)    restricting stockpiling, storage and vehicle parking to those areas which are already cleared
(d)	using low impact construction techniques around vegetation.

draft planning scheme
The subject site is located in the High density housing zone under the draft Noosa Plan.  This zone reflects the Attached Housing zone as currently identified under the existing planning scheme. The allowable site cover in this zone has changed from 35 to 40%.  Side setback requirements have also changed from half the building height to 1.5 metres up to 4.5 metres in height, 2 metres between 4.5m-7.5 metres, etc. Therefore, the proposed changes fully comply with the draft Planning Scheme that is expected to be adopted in mid-2020.
cONSULTATION
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed changes comply with the Specific outcomes of the Eastern Beaches Locality Code, are consistent with surrounding development and integrate into the existing building design. Additional landscaping is proposed to soften the proposed wall which results in additional landscaping for the entire site.
The proposed changes are therefore recommended for approval and the relevant conditions changed accordingly.
RECOMMENDATION
With regard to Application No. 51989.1635.02, to make a minor change to an existing approval for Town Planning consent for Multiple dwelling units situated at Mykonos Unit 1, 37 Duke St Sunshine Beach described as Lot 1 BUP 10951, Council on 29 June 2020 decided to:
A.	Approve the change.
B.	Amend conditions 2, 27 (and heading above Condition 27), & 32 to read as follows:
The plans submitted for Building Approval are to comply with the following requirements:
(a)	Front and rear setbacks to be a minimum six (6.0) metres.
(b)	The setback to the second storey of Unit 2 to the south eastern side boundary is to be a minimum 3.5 metres.
Additional Conditions – Unit 1
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans for extensions to Unit 1 are listed in the following table below and may be amended by these conditions and annotations on the plans.
Plan No.	Rev.	Plan Name – Prepared by	Date
D01	D	Proposed Ground Floor, prepared by Anchor & Belle	24.06.2020
D02	D	Proposed First Floor Floor, (as annotated by Council), prepared by Anchor & Belle	24.06.2020
D01	-	Engr Pool First Floor, prepared by Anchor & Belle	28 May 2020
D03	D	Proposed Second Floor Plan, prepared by Anchor & Belle	24.06.2020
D04	-	Proposed North West Elevation, (as annotated by Council), prepared by Anchor & Belle	18 May 2020
D05	-	Proposed SW Elevation, prepared by Anchor & Belle	5 March 2020
D06	-	Proposed SE Elevation, prepared by Anchor & Belle	5 March 2020
D07	-	Proposed NE Elevation, prepared by Anchor & Belle	18 May 2020

Screening vegetation must be planted along the length of the wall, (between the wall and the southern boundary) adjacent to the pool and deck area in accordance with The Noosa Plan’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 45L and consist of native, endemic species with a mature height of not less than 5 metres and a minimum spacing of 1.5 metre centres.
C.	Delete conditions 30 & 31.
D.      Delete below advisory note:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia
Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.
And replace with:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.

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