Delegated Report - TPC 1971 · 51987.2898.02

17 DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No: 51987.2898.02	
	
Author:	Glen Conforti -
	
Project Director:	Glen Conforti - Development Planner
	

SUMMARY:

APPLICATION DETAILS
Application Number:	51987.2898.02
Applicant:	DBW Development Pty Ltd
Request Received Date:	20/07/2016
Original Approval Type:	Town Planning Consent Permit for Existing Dwelling in a Sand Dune Problem Area

PROPERTY DETAILS
Property Address:	21 & 23 Webb Rd SUNSHINE BEACH  QLD  4567
RP Description:	Lots 1 & 2 RP 234161
Land Area:	2653m²
Existing Use of Land:	Dwelling

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	Eastern Beaches
Planning Locality:	Detached Housing
Planning Zone:	
Assessment Type:	Change to Approval

PROPOSAL:

The application seeks approval for minor changes to the built form including a new pool alignment, paved area, pool plant and store area.

BACKGROUND:
A Town Planning Consent Permit 51987.2898 (TPC 1971) for a Dwelling in a Sand Dune Problem Area was issued on 17 December 1987. Modifications to the building design were approved in August 1988 and October 1989.

A Preliminary Approval for Building Works Assessable against the Planning Scheme was issued on 30 October 2006 to replace a retaining wall located in the south east corner of the property.
A reconfiguration approval REC11/0145 was granted on 5 July 2013 to subdivide the lot into 2 lots.
On 11 September 2014 Council approved a change for alterations and additions including reshaping the pool.

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development because the alterations are minor built form changes,
The change would not require the application to be referred to additional concurrence agencies;
The change would not cause the approval to involve prohibited development.

On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:
The key change to the approved renovations is the location of the pool in relation to the seaward boundary. The Natural Resources Overlay Code seeks a minimum of a 6m setback to the seaward boundary. The proposal meets this provision with a 6.412m setback.

The other changes are minor built form changes and raise no concern and are recommended to be supported.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. 51987.2898.02, situated at 19 Webb Rd SUNSHINE BEACH  QLD  4567 23 Webb Rd SUNSHINE BEACH  QLD  4567 in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to:

A.	Agree to change Condition 1 to reads 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, prepared by	Date
TP1 0.02	2	Proposed Site/Roof Plan, BBP Architects	04.07.2016
TP2 G.03	3	Proposed Floor Plans, BBP Architects	04.07.2016
TP4 0.01	2	Existing, Demolition & Proposed North Elevations, BBP Architects	04.07.2016
TP4 0.03	2	Existing, Demolition & Proposed East 1 Elevations, BBP Architects	04.07.2016
TP4 0.05	1	Existing, Demolition & Proposed West 1 Elevations, BBP Architects	26.08.2014

B. 	Include additional Condition 4 to read as follows:

4.	The pool must be setback a minimum of 6.4m from the seaward boundary.

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FM1517s/4-22/06/2013