Minor Change Report MCU16 0117.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Patrick Murphy, Coordinator Planning.	Development Assessment

APPLICATION DETAILS
Application No.	MCU16/0117.01
Development Approval	Material Change Of Use For Multiple Housing Type 4 Conventional (6 Units) & Operational Works For Earthworks, Stormwater, Driveways, Parking & Landscaping
Applicant	Anthony Lyndon Rossiter, Sean William Murphy, Anoma Rossiter and Sharon Maree Sales
Request Received On	13 August 2018

PROPERTY DETAILS
Property Address	11 Opal St Cooroy
RP Description	Lot 1 SP 248165
Land Area	No Land Area details available
Existing Use of Land	Development substantially completed

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy and Lake Macdonald
Zone	Open Space Recreation
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for Multiple Housing Type 4 conventional (6 units).
The original approval related to the re-location of 4 ‘Queenslander’ style dwellings however at the time the approval was issued the dwellings had not been sourced, as such it was always anticipated that the lay out of the development would alter.
The construction has now commenced and all dwellings have been sourced and re-located to the site.
The applicant seeks to change a number of facets relating to the original approval, these are detailed as follows:
The building footprints have changed resulting in increased site cover;
Variations to front and side setbacks;
Increase in GFA; and
Amendment to bedroom composition within some of the dwellings and resultant change to density.
background
A development approval for a Material Change of Use for Multiple Housing Type 4 Conventional (6 Units) & Operational Works for Earthworks, Stormwater, Driveways, Parking & Landscaping was issued on 17 March 2017.
The approval allows for the development of 2 x 3 bedroom, 2 x 2 bedroom and 2 x 1 bedroom residential units. The 6 units are within 4 re-located double storey buildings and accessed via a common driveway extending north to south through the site connecting Opal Street to Diamond Lane.
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 form of the development remains as originally approved (6 x dwelling units);
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
The proposed change application relates to an amended layout which is a consequence of the development moving from a concept to being implemented, the developer has now sourced the buildings which have been re-located to the site. The buildings have a slightly larger footprint than what was originally approved. Notwithstanding, the development remains complaints with site cover and GFA (37.3% and 605m2).
Density
The original approval allowed for the development of 2 x 3 bedroom, 2 x 2 bedroom and 2 x 1 bedroom residential units. The current proposal remains as 6 units however due to the provision of doors to the study of each unit within Building 1 the density and bedroom mix has been amended.

The submitted plans present a dwelling mix as follows:
Building	Bedroom mix	Density
1	1 x 2 bed 1 x 3 bed	2.4 3.3
2	1 x 3 bed	3.3
3	1 x 1 bed 1 x 2 bed	1.7 2.4
4	1 x 3 bed	3.3
		
Total		16.4
The maximum permissible density for the site is 15.36 persons, the proposed plans exceed the permissible density by 1.04 persons. Both dwelling units within building 1 include a study, doors have been provided to the study’s and therefore they are considered to be bedrooms. A new condition will be included requiring that the doors be removed so that the study’s no longer constitute a bedroom and accordingly the density of the development will be reduced to 14.8 and will comply with the requirements of the Noosa Plan.
The new condition will be worded as follows:
The doors to each study within the dwelling units of House 1 must be removed prior to the initial occupation of each dwelling unit.
Setbacks
The original approval included variations to the eastern and western side setbacks, 2.0 metre setbacks where approved in lieu of 3.7 metres. The current proposal has increased theses setbacks to 2.4 and 3.0 metres respectively. The application now seeks a reduction of the previously compliant setbacks to Opal Street and Diamond Lane. The current variations sought are:
Building	Opal Street	Complies	Diamond Lane	Complies
1	N/A		3.78 to stairs 4.86 to wall of dwelling	X X
2	4.9 metres to stairs 6.0 metres to wall of dwelling	X	N/A	
3	N/A		3.71 to stairs 6.63 to wall of dwelling	X
4	4.9 metres to stairs 6.0 metres to wall of dwelling	X	N/A	

Whilst the amended plans seek setback variations to each building it is noted that for three of the four buildings that the variation relates to staircases and that the front wall of these buildings complies with the 6.0 metre setback requirement. The variation to the staircases is supported as the open form of the staircase provides a lightweight appearance compared to the remained of the building and as such will not have a detrimental effect on the streetscape.
The fourth dwelling, which fronts Diamond Lane, seeks to vary the setback for both the stairs and the front wall of the building. It is noted that the proposed setback is consistent with the adjoining properties to the east and less than the setback of the shed to the adjoining bowls facility to the west. Accordingly, the proposed setbacks are considered to be consistent with the prevailing streetscape on the southern side of Diamond Lane and will not be detrimental to the streetscape. The proposed and adjoining setbacks are detailed in the following image.
Subject site
Subject site
It is considered reasonable to include an additional condition which requires an additional tree between the front wall of the dwellings and the front boundary.
An additional tree must be planted between the front boundary and the front wall of Residence 1.
Change to condition 2:
As a consequence of the changes amendment to the set of approved plans is required. Accordingly condition 2 is to be amended to read:
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
A101	B	Proposed Residence No 1: Site Plan Proposed by Robert Gracia	Nov 2018
A202	B	Proposed Residence No 1: First Floor Plan Proposed by Robert Gracia	Nov 2018
A303	B	Proposed Residence No 1: Ground Floor Plan Proposed by Robert Gracia	Nov 2018
A401	B	Proposed Residence No 1: North Sectional Elevation by Robert Gracia	Nov 2018
A402	B	Proposed Residence No 1: South Sectional Elevation by Robert Gracia	Nov 2018
A403	B	Proposed Residence No 1: East Sectional Elevation Proposed by Robert Gracia	Nov 2018
A404	B	Proposed Residence No 1: West Sectional Elevation by Robert Gracia	Nov 2018
A101	B	Proposed Residence No 2: Site Plan Proposed by Robert Gracia	Nov 2018
A201	B	Proposed Residence No 2: First Floor Plan Proposed by Robert Gracia	Nov 2018
A202	B	Proposed Residence No 2: Ground Floor Plan Proposed by Robert Gracia	Nov 2018
A302	B	Proposed Residence No 2: North Sectional Elevation by Robert Gracia	Nov 2018
A301	B	Proposed Residence No 2: South Sectional Elevation by Robert Gracia	Nov 2018
A303	B	Proposed Residence No 2: East Sectional Elevation Proposed by Robert Gracia	Nov 2018
A304	B	Proposed Residence No 2: West Sectional Elevation by Robert Gracia	Nov 2018
A101	B	Proposed Residence No 3: Site Plan Proposed by Robert Gracia	Nov 2018
A201	B	Proposed Residence No 3: First Floor Plan Proposed by Robert Gracia	Nov 2018
A202	B	Proposed Residence No 3: Ground Floor Plan Proposed by Robert Gracia	Nov 2018
A302	B	Proposed Residence No 3: North Sectional Elevation by Robert Gracia	Nov 2018
A301	B	Proposed Residence No 3: South Sectional Elevation by Robert Gracia	Nov 2018
A303	B	Proposed Residence No 3: East Sectional Elevation Proposed by Robert Gracia	Nov 2018
A304	B	Proposed Residence No 3: West Sectional Elevation by Robert Gracia	Nov 2018
A101	C	Proposed Residence No 4: Site Plan Proposed by Robert Gracia	Nov 2018
A203	B	Proposed Residence No 4: First Floor Plan Proposed by Robert Gracia	Nov 2018
A202	B	Proposed Residence No 4: Ground Floor Plan Proposed by Robert Gracia	Nov 2018
A301	B	Proposed Residence No 4: North Sectional Elevation by Robert Gracia	Nov 2018
A302	B	Proposed Residence No 3: South Sectional Elevation by Robert Gracia	Nov 2018
A304	B	East Sectional Elevation Proposed by Robert Gracia	Nov 2018
A303	B	Proposed Residence No 3: West Sectional Elevation by Robert Gracia	Nov 2018

conclusion & reasons for decision
The application seeks to amend the approved plans as a consequence of buildings being sourced for the site which differ from the original concept drawings. The buildings are longer and narrower than the original buildings and result in reduced setbacks to Opal Street and Diamond Lane. The changes are supported as they are consistent with adjoining setbacks to Diamond Lane whilst the intrusion of staircases into the Opal Street setback will not have a detrimental effect on the streetscape. An additional condition is to be included requiring the planting of a tree between the front wall of residence 1 and the Diamond Lane boundary. The submitted plans include doors to study rooms, as these rooms can now be used as bedrooms the allowable density would be exceeded. Therefore an additional condition is to be included to require the removal of the doors.
RECOMMENDATION
With regard to Application No. MCU16/0117.01, to make a minor change to an existing approval for Material Change Of Use For Multiple Housing Type 4 Conventional (6 Units) & Operational Works For Earthworks, Stormwater, Driveways, Parking & Landscaping situated at 11 Opal St Cooroy Qld 4563 described as Lot 1 on SP 248165, in accordance with Section 63(5) of the Planning Act 2016, Council on December 10 2018 decided to:
A.	Approve the change.
B.	Amend Condition 2 to read:
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
A101	B	Proposed Residence No 1: Site Plan Proposed by Robert Gracia	Nov 2018
A202	B	Proposed Residence No 1: First Floor Plan Proposed by Robert Gracia	Nov 2018
A303	B	Proposed Residence No 1: Ground Floor Plan Proposed by Robert Gracia	Nov 2018
A401	B	Proposed Residence No 1: North Sectional Elevation by Robert Gracia	Nov 2018
A402	B	Proposed Residence No 1: South Sectional Elevation by Robert Gracia	Nov 2018
A403	B	Proposed Residence No 1: East Sectional Elevation Proposed by Robert Gracia	Nov 2018
A404	B	Proposed Residence No 1: West Sectional Elevation by Robert Gracia	Nov 2018
A101	B	Proposed Residence No 2: Site Plan Proposed by Robert Gracia	Nov 2018
A201	B	Proposed Residence No 2: First Floor Plan Proposed by Robert Gracia	Nov 2018
A202	B	Proposed Residence No 2: Ground Floor Plan Proposed by Robert Gracia	Nov 2018
A302	B	Proposed Residence No 2: North Sectional Elevation by Robert Gracia	Nov 2018
A301	B	Proposed Residence No 2: South Sectional Elevation by Robert Gracia	Nov 2018
A303	B	Proposed Residence No 2: East Sectional Elevation Proposed by Robert Gracia	Nov 2018
A304	B	Proposed Residence No 2: West Sectional Elevation by Robert Gracia	Nov 2018
A101	B	Proposed Residence No 3: Site Plan Proposed by Robert Gracia	Nov 2018
A201	B	Proposed Residence No 3: First Floor Plan Proposed by Robert Gracia	Nov 2018
A202	B	Proposed Residence No 3: Ground Floor Plan Proposed by Robert Gracia	Nov 2018
A302	B	Proposed Residence No 3: North Sectional Elevation by Robert Gracia	Nov 2018
A301	B	Proposed Residence No 3: South Sectional Elevation by Robert Gracia	Nov 2018
A303	B	Proposed Residence No 3: East Sectional Elevation Proposed by Robert Gracia	Nov 2018
A304	B	Proposed Residence No 3: West Sectional Elevation by Robert Gracia	Nov 2018
A101	C	Proposed Residence No 4: Site Plan Proposed by Robert Gracia	Nov 2018
A203	B	Proposed Residence No 4: First Floor Plan Proposed by Robert Gracia	Nov 2018
A202	B	Proposed Residence No 4: Ground Floor Plan Proposed by Robert Gracia	Nov 2018
A301	B	Proposed Residence No 4: North Sectional Elevation by Robert Gracia	Nov 2018
A302	B	Proposed Residence No 3: South Sectional Elevation by Robert Gracia	Nov 2018
A304	B	East Sectional Elevation Proposed by Robert Gracia	Nov 2018
A303	B	Proposed Residence No 3: West Sectional Elevation by Robert Gracia	Nov 2018

C.	Include the following additional condition:
Additional conditions added December 2018
The doors to each study within the dwelling units of House 1 must be removed prior to the initial occupation of each dwelling unit.
The Grevillia sp. each side of the Diamond Lane driveway must be replaced with a minimum pot size of 100L Blueberry Ash (Eleocarpus reticulatis).

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