Minor Change Report 51997.2334.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Assistant Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	51997.2334.01
Development Approval	51997.2334 (12456 TP)
Applicant	He'Enalu Pty Ltd
Request Received On	2 August 2021
Report Reviewed By	Patrick Murphy – 6 September 2021
Decision Due Date	6 September 2021

PROPERTY DETAILS
Property Address	9 Allambi Rise Noosa Heads Qld 4567
RP Description	Lot 64 RP 52918
Land Area	885.98m2
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential Zone Environmental Management and Conservation Zone
Precinct	Not applicable
Local Area Plan	Noosa Heads
Overlays	Landslide Hazard Overlay Code
Assessment Type	Minor Change to Development Approval
PROPOSAL
The applicant seeks approval to change to an existing development approval 12456 TP (51997.2334). The proposal includes an extension to the existing sun deck, a new roof over the existing BBQ deck, a new louvered roof over the existing lower deck area and new balustrading, wall and privacy screens. In order to protect the vegetation at the rear of the site, property is zoned both Low Density Residential and Environmental Management and Conservation Zone. The application involves the following variations to the planning scheme acceptable outcomes:
Environmental Management and Conservation Zone Code: AO7.1 – Building Height;
Environmental Management and Conservation Zone Code: AO8.2 – Setbacks;
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Encroachment into the Environmental & Conservation Zone

Figure 3 – Site Plan

Figure 4 – BBQ Deck Floor Plan

Figure 5 – Sun Deck Floor Plan

Figure 6 – Western Elevations

Figure 7 – Southern Elevations

Figure 8 – Northern Elevations

Figure 9 – West Façade

Figure 10 – South Facade

Figure 11 – 3D Render

background
A development approval for a Dwelling house (12456 TP) was approved on 13 January 1998.
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 proposal is within the existing building footprint and does not change the built form of the dwelling house;
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;
Environmental Management and Conservation Zone Code;
Criteria	Planning Scheme	Proposed	Complies
Building height storeys metres storeys metres	Low Density Residential Zone 2 storeys 8 metres Environmental Management & Conservation Zone 1 storey 4 metres	3 storeys (existing) 7.5 metres 3 storeys 7.5 metres	X X X
Site cover	50% max 50% ground 30% upper 40% both storeys	30%	
Boundary setbacks Frontage Side (north) Side (south) Rear Buildings and structures adjoining a residential zone South North	Low Density Residential Zone 6.0 metres 1.5/2.0/2.5 metres 1.5/2.0/2.5 metres 3.0/6.0 metres Projection line Environmental Management & Conservation Zone 10 metres 10 metres	10 metres 3.2 metres 2.50 metres 9.0 metres 4.2 metres 3.45 metres	X X
Environmental Management and Conservation Zone
Building Height
Acceptable Outcome AO7.1 of the Environmental Management and Conservation Zone code requires buildings and structures are no more than 4 metres in building height.
The applicant proposes an extension to the existing 7.5m high sun deck and therefore does not comply with Acceptable Outcome AO7.1
The proposal is therefore assessed against Performance Outcome PO7.
Performance Outcome PO7 seeks buildings and structures:
Are low rise, and have a minimum building height of 1 storey;
Have a minimal footprint on the land;
Do not visually dominate the site or surrounding spaces; and
Are low set and of a smaller scale to the prevailing vegetation around them.
The existing building is 3 storeys in height, however the proposal does not increase the number of storeys. The proposed sun deck extension is located on the roof of the existing bbq deck and does not project beyond the furthermost section of the building. The proposal is located at the rear of the site and is not visible from the street. Further, the proposed deck is at the same height as the existing sun deck and the surrounding area is populated by dense and mature vegetation. As such, that the proposal does not visually dominate the site or surrounding spaces and is of a smaller scale to the prevailing vegetation around them. Therefore, the proposal complies with Performance Outcome PO7.

Figure 12 – Location of the proposed sun deck extension
Setbacks
Acceptable Outcome AO8.2 of the Environmental Management and Conservation Zone code seeks buildings and structures:
(b) 10 metres from boundaries adjoining land in a residential zone;
The proposed roof to the bbq deck which is located within the Environmental Management and Conservation area is situated approximately 4.2 metres from the southern boundary which adjoins land in the low density residential zone code. Moreover, the new sun deck is situated 3.45 metres from the northern side boundary. As such, the proposal does not comply with Acceptable Outcome AO8.2. Therefore, the proposal is assessed against Performance Outcome PO8.
Performance Outcome PO8 requires buildings and structures are appropriately set back so as to-
Avoid and minimise disturbance on the ecological values of the land, waterways and wetlands, water quality, coastal processes and heritage values;
Provide adequate distance from adjoining land uses;
Allow for vegetation retention regrowth around buildings and structures; and
Protect the natural character and visual amenity of the Noosa River system and other watercourses.
The common theme of the dwelling houses located on the western side of Allambi Drive is the projection from the road frontage towards the rear of the site. As such, the properties to the south which are built on a higher natural ground level overlook the properties to the north. However, the predominant scenic amenity of the area is considered to be the western views over Noosa Main Beach. Figures 13 and 14 highlights the proximity of the dwelling house of the adjoining property to the north to the subject site. It is noted that the neighbouring dwelling houses have enclosed walls facing north, thus protect the private open space from overlooking by properties to the north. The figures 9, 10, 11 and 15 depict the proposed screen and roof, of which is designed to allow for glimpses of the view to the north and provide the subject site with privacy. The development does not protrude beyond the existing building line and retains vegetation, thus allowing for regrowth around buildings and structures. As such, the proposal is considered to comply with Performance Outcome PO8.

Figure 13 – Proximity of the BBQ deck to the adjoining property to the north

Figure 14 – Location of the proposed louvered roof

Figure 15 – Perspective 5
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
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. 51997.2334.01, to make a minor change to an existing approval for 12456 TP (51997.2334) situated at 9 Allambi Rise Noosa Heads Qld 4567 described as Lot 64 RP 52918, Council on 6 September 2021 decided to:
A.	Approve the change.
B.	Include the following additional conditions:
New Condition August 2021
Approved Plans
17. 	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 No.	Plan/Document Name	Date
A001	2	Site Plan Proposed, prepared Kings Lane Architects	19/07/2021
A002	2	Site Overlay, prepared Kings Lane Architects	19/07/2021
A003	2	Perspectives, prepared Kings Lane Architects	19/07/2021
A004	2	Site Views, prepared Kings Lane Architects	19/07/2021
A100	2	Part Plans, prepared Kings Lane Architects	19/07/2021
A101	2	Area Plans, prepared Kings Lane Architects	19/07/2021
A300	2	Proposed Elevations, prepared Kings Lane Architects	19/07/2021
A301	2	Proposed Elevations, prepared Kings Lane Architects	19/07/2021
A302	2	North Elevation, prepared Kings Lane Architects	19/07/2021
A400	1	Proposed Sections, prepared Kings Lane Architects	28/05/2021

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