Council archive · source document
Minor Change Report 132001.210239.2 [As Published]
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Coordinator Planning, Nadine Gorton
Development Assessment
APPLICATION DETAILS
Application No. 132001.210239.2
Development Approval Non-compliant dwelling in sand dune problem area
Applicant Maree Ann Woodley and John Woodley
Request Received On 15 December 2022
Report Reviewed By N/A discussed with Patrick Murphy
PROPERTY DETAILS
Property Address 36 Seaview Tce Sunshine Beach
RP Description Lot 54 RP 81810
Land Area 554m2
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 Land Subject to Acid Sulfate Soils Overlay
• Above 5 metres AHD to 20 metres AHD (Area 2)
Coastal Protection and Scenic Amenity Overlay
Landslide Hazard Overlay
• High Hazard Area
• Moderate Hazard Area
Assessment Type Minor Change to Development Approval
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Document Set ID: 22884688
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1. PROPOSAL
This application seeks approval to change an existing development approval for a dwelling house
constructed at 36 Seaview Terrace, Sunrise Beach. The proposed changes include the following:
• Enclosing the existing ground level patio to extend the living area on ground level (5m2);
• Enclosing a portion of the existing deck to extend bedroom 2 on level 1;
• Extension of balcony on level 1 (18m2)
• Internal alterations including the inclusion of a lift, converting a store area into an additional
bedroom and changing the kitchen/living room layout.
The locality and proposal plans are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Basement Floor Plan
Figure 4 – Ground Floor Plan
Figure 5 – Upper Floor Plan
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Figure 6 – North and West Elevations
Figure 7 – South and East Elevations
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Figure 8 – Section Plans
Figure 9 – Section Plan
2. BACKGROUND
A development approval for a non-complying dwelling in a sand dune problem area was approved
on 21 March 2002.
A minor change for a roofed pergola over an existing courtyard within the front 6 metre setback
was refused by Council on 24 February 2021 due to non-compliance with site cover and setback
requirements.
3. ASSESSMENT
3.1. 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.
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3.2. 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;
• 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.
3.3. Statutory Instruments – Planning Scheme
Pursuant to the Planning Act 2016, the proposed change must be assessed against the planning
scheme in place at the time the original development application was lodged, but Council may give
weight to the Noosa Plan 2020where considered appropriate.
The existing dwelling is located in Sunshine Beach and is zoned Low Density Residential under
the Noosa Plan 2020. A dwelling house is a consistent use, subject to a code assessment
application.
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Low Density Housing Code;
• Coastal Protection and Scenic Amenity Overlay Code.
The proposed additions to the dwelling house maintain the required building setbacks, height etc
but raises concerns with regard to site cover:
The Noosa Plan 2020 includes an alternative provision to the QDC for site cover unlike the 1990
planning scheme, seeking to manage the scale and bulk of buildings to ensure they are set in a
landscape setting reflective of the Noosa style. The Low Density Residential Zone Code includes
the following requirements for site cover
Performance Outcome Acceptable Outcome
PO8 AO8.1
Development: Site cover of all buildings and structures on site does not
a. is of a scale compatible with surrounding exceed:
development and the particular a. for a single storey building – 50%;
circumstances of the site; b. for a building of 2 storeys –
b. has a low site impact to maximise the i. 50% for one of the storeys; and
opportunity to retain site characteristics, ii. 30% for the other storey; or
such as native vegetation and natural iii. 40% for both storeys.
landforms;
c. allows the opportunity to provide soft
landscaping between buildings;
d. does not present an appearance of bulk
to adjacent properties, roads or other
areas in the vicinity of the site.
The proposed dwelling is currently 3 storeys and was approved at 8.35m at the south-eastern
edge, encroaches into front, side and rear setbacks and exceeds the current site cover
requirements. The proposed changes will increase the dwelling’s site cover further for level 1 and
level 2 as set out in the table below.:
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Existing Dwelling Noosa Plan 2020 Proposed Change
Site Cover Part Basement – 50% for 1 storey & Basement – 29.4%
29.4% 30% for the 2nd storey
Level 1 – 42.9%
Level 1 – 47.1% Or
Level 2 - 33.9%
Level 2 – 35% 40% for both storeys
In response to concerns with site cover the applicant submitted amended plans that result in site
cover slightly exceeding the required 40% for level 1. Due to the nature of the existing building
(sloping down from the road) and as the ‘basement’ and level 2 are well below the 40% site cover
requirements, the slight non-compliance on the middle level is considered acceptable. The building
is therefore considered to meet the outcomes for site cover and is of a scale similar to the
surrounding development which includes several large homes that were built under previous
planning schemes and are above current site cover provisions.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Engineering Officer
5. CONCLUSION & REASONS FOR DECISION
The proposed development is considered to meet the requirements of the Noosa Plan with the
amended plans proposing open balcony extensions to the existing dwelling.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132001.210239.2, to make a minor change to an existing approval
for a dwelling in a sand dune problem area situated at 36 Seaview Tce Sunshine Beach described
as Lot 54 RP 81810, Council on 19 October 2023 decided to:
A. Approve the change.
B. Amend condition 4
Condition 4 (amended 26.03.2024)
4. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
DD.01 06 Proposed Site Plan prepared by Georgia 06.03.2024
Price Design
DD.08 07 Level B Floor Plan prepared by Georgia 06.03.2024
Price Design
DD.09 08 Level G Floor Plan prepared by Georgia 06.03.2024
Price Design
DD.10 08 Level 1 – Floor Plan prepared by Georgia 06.03.2024
Price Design
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DD.11 07 Level 1 Roof Plan prepared by Georgia 06.03.2024
Price Design
DD.12 07 Proposed West and North Elevations 06.03.2024
prepared by Georgia Price Design
DD.13 07 Proposed East and South Elevations 06.03.2024
prepared by Georgia Price Design
DD.14 06 Proposed Section A-A, B-B prepared by 06.03.2024
Georgia Price Design
DD.15 05 Proposed Section C-C prepared by Georgia 06.03.2024
Price Design
4. Include the following additional condition 9.
9 All balustrades to decks and balcony areas must be open or transparent.
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