Minor Change Report 131999.982588.2

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

APPLICATION DETAILS
Application No.	131999.982588.2
Development Approval	Material Change of Use for Multiple Dwelling Units
Applicant	Peter Wallace Young and Christine Joy Young
Request Received On	26 May 2021
Report Reviewed By	Patrick Murphy
Decision Due Date	23 June 2021

PROPERTY DETAILS
Property Address	Noosa Pavilions 9/34 Bushlands Dr Noosaville
RP Description	Lot 9 SP 131675
Land Area	8675m2
Existing Use of Land	Multiple Dwelling Units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Noosaville
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for facilitate a pergola for Unit 9. The pergola is proposed to be attached to western side of the existing dwelling unit and is 39.45m2. It appears the pergola in question has been constructed.  Body Corporate approval has been provided for the use of this area.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Elevations
background
A development approval for a Material Change of Use for Multiple Dwelling Units x 46 (16011DA).  was approved on 6 March 1999.
A minor change was approved 13 February 2019 for a patio on Unit 7.
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 building works are minor in nature, relating to an 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:
Low Density Residential Zone Code;
Noosaville Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
The proposal does not trigger additional assessment under Noosa Plan 2020, than under the superseded planning scheme, the use was originally approved under.
Applicant’s Request
The applicant has submitted plans for a new pergola for Unit 9 and requests approval.  This requires a change to existing conditions as discussed below.
Assessment of Request
Unit 9 is located off a common area road within the Noosa Pavillion development. The applicant is seeking to build a pergola in the exclusive use area at the rear of Unit 9 and has provided plans accordingly. The pergola is surrounded by vegetation and will not be viewable from a public road. Existing Condition 48 outlines approved plans for the entire Noosa Pavillion development.  A previous change did not change this condition to incorporate new plans, instead including a new condition, therefore it is recommended to include the plans for Unit 9 in a new condition and amend existing Condition 56 to ensure the new structure is connected to existing stormwater. These conditions are as follows.
Amend Condition 56 to include reference to Unit 9 as follows:
The addition to Unit 7 and Unit 9 is to be connected to existing stormwater.
New Condition 57
Additions to Unit 9 are to be in accordance with approved Site plan, Drawing no. 001, Rev A, Roof and Section plan, Drawing no. 002, Rev B and Front and side elevations, Drawing no. 003, Rev C, prepared by Altec.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposal complies with the site cover, gross floor area and height requirements in Noosa Plan. 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. 131999.982588.2, to make a minor change to an existing approval for Material Change of Use for Multiple Dwelling Units situated at Noosa Pavilions 9/34 Bushlands Dr Noosaville described as Lot  9 SP131675, Council on 8 July 2021 decided to:
A.	Approve the change.
B.	Amend condition 56 to read as follows:
The addition to Unit 7 and Unit 9 is to be connected to existing stormwater.
C.	Include the following additional condition 57:
Additions to Unit 9 are to be in accordance with approved Site plan, Drawing no. 001, Rev A, Roof and Section plan, Drawing no. 002, Rev B and Front and side elevations, Drawing no. 003, Rev C, prepared by Altec.

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