Minor Change Report 172007.545.01

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

APPLICATION DETAILS
Application No.	172007.545.01
Development Approval	Preliminary building approval – Alteration and additions to an existing detached house
Applicant	CT Design
Request Received On	23 February 2021

PROPERTY DETAILS
Property Address	25 Arkana Dr Noosa Heads Qld 4567
RP Description	Lot 78 RP 94023
Land Area	607m²
Existing Use of Land	Existing Dwelling house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Low Density Residential
Overlays	Landslide hazard overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change the existing development approval to retrospectively approve a balcony roof and to extend that roof across the whole balcony resulting in the building being 3 storeys and the roof exceeding the maximum building height in metres by 0.85m being 8.85m above the ground level. The balcony is also considered a roof terrace, as maximum building height in this location is 2 storeys and the terrace is located on the roof of the below 2 storeys.
Figures 1, 2, 3 and 4 show a locality plan and floor plan, south elevation, and section of the proposal.

Figure 1 - Locality plan

Figure 2 - Balcony cover showing existing cover seeking retrospective approval and to cover the whole balcony.

Figure 3 - Existing and proposed south elevation showing roof

Figure 4 - Section showing the structure exceeding the maximum height of 8m above NGL.
background
A development approval for alterations and additions to a detached house was issued by council on 23 April 2007 for a relaxation to side boundary setback and eaves not complying with the minimum requirement of eaves to 75% of the perimeter of the building required by the planning scheme at the time.
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.
The following codes from the Noosa Plan are applicable to this development:
Low Density Residential Zone Code
Low Density Housing Code
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 use is not changing and the built form is not significantly different to that exists;
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 applicant seeks retrospective approval for the existing roof cover of the northern  portion of the roof terrace on the upper most level and to extend this roof across the full extent of the terrace. The existing roof over the terrace and the proposed new roof is 8.85m above the ground level and renders the building 3 storeys, and therefore is assessed against the following Performance Outcomes of the Low-Density Residential zone code and the Low Density Housing code. It is important to note the balcony is considered a roof terrace and is also subject to PO16 of the Low Density Residential Zone Code.
Building Height
PO7
Buildings and structures:
(a)	are low rise and present a building height consistent with structures on adjoining and surrounding premises and with the predominant character of the area;
(b) 	are designed to provide an interesting streetscape and complement landform changes;
(c)	do not visually dominate the street or surrounding area;
(d)	respect the scale of surrounding vegetation and maintain a vegetated skyline;
(e)	do not unreasonably obscure views or lead to overshadowing of neighbouring properties; and
(f)	do not exceed two storeys.

Roof design
PO16
Roof designs:
(a)	contribute positively to the character of the streetscape;
(b)	incorporate eaves and roof overhangs;
(c)	avoid boxy elevations on the front facade of the building;
(d)	do not present an appearance of excessive bulk to the street or neighbouring properties;
(e)	do not create opportunities for residents or building users to overlook the private open space or view into habitable windows or doors of neighbouring properties.
While the existing unapproved roof over the northern portion of the terrace exceeds 8m above the ground level and renders that part of the building 3 storeys, it is considered that this existing roofed portion complies with the above provisions as it is sited to the northern side of the balcony, does not create any overshading and is not imposing or bulky to the southern or northern neighbours’ amenity. Aerial imagery indicates the roof was erected sometime between 2013 and 2015 and has not created any adverse impacts on the closest neighbours since construction.
However, there are significant concerns in regard to the new roof which is proposed to cover the southern end of the balcony. Figure 5 below shows images taken of the southern neighbours open space, and looking towards the northern neighbour from the subject balcony.

Figure 5 - Looking to the southern neighbour open space and to the northern neighbour
While the existing terrace roof meets the relevant Performance Outcomes of the code, the new additional roof which is proposed to cover the southern portion of the balcony does not comply with PO7 and PO16 for the following reasons.
The proposed new portion of roof to the balcony:
is not low rise because it exceeds the building height (in metres and storeys) of 8m and 2 storeys and at this point creates amenity impacts to the surrounding area;
does not complement the landform as it does not step down the slope;
does not comply with PO7(f) of the Low density Residential Zone Code as the new roof results in a further portion of the building being 3 storeys;
will encourage congregating in an area close to the neighbours open space which is not currently readily used and therefore has the potential to negatively impact on the southern neighbour in regard to privacy and acoustic amenity;
will lead to overshadowing of the southern neighbour property;
would be visually imposing to the southern neighbours as it creates a third storey structure close to the boundary.

For these reasons the extension to the roof is not supported.

conclusion & reasons for decision
The application seeks a retrospective approval for an existing roof structure over the western portion of the upper level balcony and proposes to extend this existing structure to cover the whole of the balcony.
While the existing structure exceeds 8m above the ground level and renders that portion of the building 3 storeys, it is considered the existing roof structure complies with PO7 and PO16 of the Low Density Residential Zone Code as it does not cause amenity or overshadowing concerns to the neighbouring properties and has been constructed for some time without any complaints.
However, the new proposed roof extension over the terrace increases the 3 storey portion to the dwelling and allows for more readily available congregating on the southern side of the balcony. This raises significant planning concerns in regard to privacy, acoustic amenity and overshadowing of the adjoining property. In addition, the proposal is an imposing built form, and is inconsistent with the building height of buildings in the surrounding area. Therefore, the new roof extension beyond the existing structure does not comply with PO7 and PO16 of the Low Density Residential Zone Code and is not supported. Additional conditions 7 and 8 are provided accordingly.
RECOMMENDATION
With regard to Application No. 172007.545.01, to make a minor change to an existing approval for alterations and additions to a dwelling house situated at 25 Arkana Dr Noosa Heads described as Lot 78 RP 94023, Council on 8 April 2021 decided to:
A.	Approve the change in part.
B.	Amend condition 1 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
WD.101	C1	Cover sheet, prepared by CT Design as annotated by Council	10/02/2021
WD.201	C1	Existing Lower Level Floor Plan, prepared by CT Design	10/02/2021
WD.205	C1	Prop. Ground Floor Plan, prepared by CT Design	10/02/2021
WD.206	C1	Proposed Upper Level Floor Plan, prepared by CT Design	10/02/2021
WD.207	C1	Proposed Roof Plan, prepared by CT Design as annotated by Council	10/02/2021
WD.501	C1	East Elevations, prepared by CT Design	10/02/2021
WD.502	C1	North Elevations, prepared by CT Design	10/02/2021
WD.503	C1	West Elevations, prepared by CT Design as annotated by Council	10/02/2021
WD.504	C1	South Elevations, prepared by CT Design as annotated by Council	10/02/2021
WD.601	C1	Section A, prepared by CT Design	10/02/2021

C.	Include the following additional conditions:
7.	The proposed terrace roof extension is not approved.
8.	The existing roof over part of the upper level terrace is approved. Where maintenance is required, the structure may be replaced in the same location as exists and must not exceed the existing building height.
D.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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Existing balcony cover
seek retrospective
approval

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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[Attachment: image4.png (image text)]
now RHS beam, inne with column, & fxed to underside of rater,
‘fer to Engineetng, Senes 700 Deial & Extomal Fristes Schedule

‘ew metal fashing/gabe inl, -
pat fish refer to _—
‘Extamal Fishes Schedule

   

proposed AWNING ROOF PITCHING HT.

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