Minor Change Report MCU19 0029.01 · MCU19/0029.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU19/0029.01, OPW19/0064.01, RAL19/0006.01
Development Approval	Material Change of Use - Multiple Housing - Type 4 Conventional (5 Units) Reconfiguring a Lot (five Community Title lots and body corporate common land) Operational Works (road works, storm water, drainage works and landscaping)
Applicant	Travis Wade Drenth
Request Received On	8 October 2020

PROPERTY DETAILS
Property Address	8 Garnet Street, Cooroy Qld 4563
RP Description	Lot 4 on C5603
Land Area	1,012.0m²
Existing Use of Land	Multiple dwellings currently under construction

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Local Plan Area	Cooroy
Overlays	Biodiversity (Protected Vegetation) Landslide Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks to change an existing development approval. The change proposes to convert the 12.5m2 balconies located on the upper level of Units 4 and 5 in Building B to bedrooms (refer to Figures 1 and 2).
	
Figure 1: Approved Plan	Figure 2: Proposed Change
background
A Preliminary Approval was issued on 19 July 2019 for:
Material Change of Use - Multiple Housing - Type 4 Conventional (5 Units)
Reconfiguring a Lot (five Community Title lots and body corporate common land)
Operational Works (road works, storm water, drainage works and landscaping).
A Preliminary Approval was issued as the proposal did not comply with gross floor area (GFA) provisions under Noosa Plan 2006. The Preliminary Approval was issued with conditions that restricted the amount of GFA which could be developed to align with the provisions required under the scheme, therefore requiring a reduction in GFA from 426.5m2 to 404m2.
The applicant lodged Representations to the decision, and provided updated plans which converted Bedroom 2 in Units 4 and 5 in Building B to balconies, thereby reducing the GFA and complying with the relevant provision in Noosa Plan 2006. Subsequently, a Development Approval was approved on 14 August 2019.
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
Noosa Plan 2020.
The following codes from the Noosa Plan are applicable to this development:
Medium Density Residential Zone Code;
Dual Occupancy and Multiple Dwelling Code
Cooroy Local Plan Code; and
Works Codes.
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 proposal is to enclose the12.5m2 balconies on the upper level of Unit 4 and Unit 5 within Building B, to convert the areas to one additional bedroom in each unit. The proposed change is not considered to dramatically change the built form in terms of scale, bulk and appearance;
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
Condition 2 and 4
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
07.0119.2B	B	Site Plan / Floor Plan	August 2019
07.0119.3B	B	First Floor Plan	August 2019
07.0119.4B	B	Roof Plan	August 2019
07.0119.5B	B	Elevations 1	August 2019
07.0119.6B	B	Elevations 2	August 2019
CD-001	C	Drenth Unit Development	08.05.2019
The total gross floor area of the development must not exceed 404m2.
Applicant’s Request
The application material states:
The applicant seeks to amend the gross floor areas of the buildings to reflect the changes to the New Noosa Plan. As a result, a change is required to the list of approved plans and deletion of condition 4.
Assessment of Request
The original application was approved under Noosa Plan 2006, which included provisions for population density and GFA. The original approval complied with both requirements. This minor change application was submitted under Noosa Plan 2020, which does not include provisions for population density or GFA, however does include a provision for plot ratio. It is noted that the definition for GFA has altered under Noosa Plan 2020, and therefore the total GFA used for the plot ratio calculation under this minor change application is as per the Noosa Plan 2020 definitions.
The proposal includes the conversion of the balconies located on the upper level of Units 4 and 5 in Building B to bedrooms (refer to Figures 3 and 4). The changes result in an increase in GFA and subsequently, plot ratio.

	
	
Figure 1: Approved Plan	Figure 2: Proposed Change
Original Application - Built Form Parameters Table as per Noosa Plan 2006
Criteria	Planning Scheme	Proposal	Complies
Site Area	Not applicable	1,010.75m²	
Population density	10.1 persons max	9.9 persons	
Gross floor area	404m² max	426.5m²	X
Site cover	40% max	39.7%	
Landscaped open space Soft landscaping	297m² min 178.2m2 min 60% of total	343m² 270m²	
Building height storeys metres	2 storeys max 8 metres	2 storeys 7 metres	
Boundary setbacks Frontage Building A Side (east) Side (west) Building B Side (east) Side (west) Rear	6 metres min 1.5/3.5 metres min 1.5/3.5 metres min 1.5/3.5 metres min 1.5/3.5 metres min 6 metres min	6 metres 1.6/8.6metres 1.7/4.5metres 1.7/2.36 metres 1.65/2.25 metres 6 metres (veranda within 6m setback)	X X
Distance between buildings	2.5 metres min	6 metres	
Roof Form Pitch Eaves	Min 12 degrees Min 600mm to 75%	20 degrees 600mm to >75%	
Length of wall	15 metres max	22.43 metres (articulated)	
Carparking	5 covered min 2 uncovered min	5 covered 2 uncovered	
Minimum lot size (Reconfiguration of a lot)	1,500m2	Lot 1- 124m2 Lot 2 - 101m2 Lot 3 - 111m2 Lot 4 - 160m2 Lot 5 - 150m2 Common property - 365m2	X
Minor Change Application – Relevant Built Form Parameters Table as per Noosa Plan 2020
Criteria	Planning Scheme	Proposal	Complies
Site Area	Not applicable	1,010.75m²	
Population density	Not applicable	NA
Gross floor area	Not applicable	NA
Plot Ratio	0.5:1	0.4:1	
The Medium Density Residential Zone Code of Noosa Plan 2020 includes Performance Outcome PO11, which states:
Plot ratio of development:
does not exceed 0.4:1; or
for small dwellings or for development which provides a ratio of at least three small dwellings to one other dwelling, does not exceed 0.5:1.
The proposal is for 5 small dwellings, and therefore is required to comply with a plot ratio of 0.5:1. The total plot ratio of the development is proposed at 0.4:1, and as such, complies with PO11. In addition, the proposal complies with site cover, setback and building height requirements under Noosa Plan 2020.
Noosa Plan 2020 encourages small dwelling development. The proposal complies with the relevant built form requirements for small dwellings and therefore the proposed change to Condition 2 is supported. In addition, Noosa Plan 2020 does not require a maximum GFA, whilst the plot ratio is substantially under the 0.5:1 requirement of the scheme. Therefore, the deletion of Condition 4 is also supported.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed development seeks a minor change to a Development Permit for Multiple Housing - Type 4 Conventional (5 Units) situated at 8 Garnet Street, Cooroy. The original application was approved under Noosa Plan 2006, which included provisions for population density and GFA, whilst the minor change application was submitted under Noosa Plan 2020, which does not include provisions for population density or GFA, however does include a provision for plot ratio.  The proposal complies with the built form requirements under Noosa Plan 2020, and being a proposal for 5 small dwellings, is strongly encouraged under the new scheme. Therefore, the minor change application is supported.
RECOMMENDATION
With regard to Application No. MCU19/0029.01, OPW19/0064.01 and RAL19/0006.01, to make a minor change to an existing approval for a Material Change of Use - Multiple Housing - Type 4 Conventional (5 Units), Reconfiguring a Lot (five Community Title lots and body corporate common land) and Operational Works (road works, storm water, drainage works and landscaping) situated at 8 Garnet Street, Cooroy described as Lot 4 on C5603, Council on 3 November 2020 decided to:
A.	Approve the change.
B.	Amend conditions 2 to read as follows:
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
07.0119.1A	1A	Site Plan Detail Survey, prepared by and+design	Jan 2019
07.0119.2A	A	Site Plan / Floor Plan, prepared by and+design	April 2019
07.0119.3A	A	First Floor Plan, prepared by and+design	April 2019
07.0119.4A	A	Roof Plan, prepared by and+design	April 2019
07.0119.5A	A	Elevations 1, prepared by and+design	April 2019
07.0119.6A	A	Elevations 2, prepared by and+design	April 2019
CD-001	C	Drenth Unit Development, prepared by Project Urban	08.05.2019
C.	Delete condition 4.

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