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Minor Change Report 51994 1391 01 [As Published] · 51994.1391.01
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No. 51994.1391.01
Development Approval Town Planning Consent for TPC 2742 for a multiple dwelling (5
units)
Applicant Ms Janine C Mason and Zbigniew Kivior C/- Brennan Planning
Pty Ltd
Request Received On 8 March 2023
Completed Date 20 April 2023
Report Reviewed By Tara Norley – 26 April 2023
Decision Due Date 5 April 2023
PROPERTY DETAILS
Property Address Belle De Jour 2/24 Edgar Bennett Ave Noosa Heads Qld 4567
Belle De Jour 24 Edgar Bennett Ave Noosa Heads Qld 4567
RP Description BUP 105473, Lot 2 BUP 105473
Land Area 808.65m2
Existing Use of Land Multiple Dwellings (5 units)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone High Density Residential
Precinct Not applicable
Local Area Plan Noosa Heads Local Plan
Overlays Bushfire Hazard
Landslide Hazard
Assessment Type Minor Change to Town Planning Consent Permit
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1. PROPOSAL
The applicant seeks approval to change existing Town Planning Consent for TPC 2742 for a
multiple dwelling (5 units) for the purpose of extending the study/living area of Unit 2.
The area to be enclosed is 5.5m2 in size and currently is a covered terrace.
Unit 2 is the lower level, northern unit, the proposed alterations will not be visible from the
streetscape.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Original Site Plan
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Figure 3 – Floor Plan
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Figure 4 – Elevations
Figure 5 – Site Plan from TPC as referenced in Condition 1
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2. BACKGROUND
A town planning consent for a Multiple Dwelling (5 units) was approved on 15 September 1994. At
the time of assessment of the original application the development did not comply with the Scheme
requirements for gross floor area and side boundary setbacks. The gross floor area exceedance
related to 19m2.
Condition 2 of the Town Planning Consent detailed that the gross floor area of the building is not
to exceed the maximum floor area (i.e., 540m2 GFA) and that revised plans were to be submitted
for building approval.
3. ASSESSMENT
3.1. 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.
3.2. 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 development
remains consistent with the original approval;
• 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.
3.3. Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
• High Density Residential Zone Code;
• Noosa Heads Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
• Bushfire Hazard Overlay Code;
• Landslide Hazard Overlay Code.
The original town planning consent was approved under the 1990 Planning Scheme.
Condition 1 - Approved Plans
1. Submission to and approval by Council of building plans in accordance with the Building Act,
Council’s By-laws and Policies, the conditions of this approval and substantially in accordance
with plans 9438.01 to 9438.08 inclusive and the Shire of Noosa Planning Scheme apart from
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where amendments are required or dispensations have been granted in conjunction with this
approval.
Applicant’s Request
The proposed minor change application seeks an approval to make additions and alterations to
Unit 2. Unit 2 is a ground level unit that is located on the northern side of the building. The proposed
additions and alterations will enclose a small terrace in line with the overhead balcony to extend
the existing study area.
The proposed additions will not be visible from the street frontage or the adjoining properties given
that: + it is located to the rear of the building; + it adjoins a common wall with Unit 1; and + it is
located beneath a balcony associated with the units above.
Assessment of Request
The development site contains 5 units, the proposed changes relate to Unit 2 which seeks to
increase for the purpose of 5.5m2 of gross floor area.
The original development permit was built to the maximum GFA allowable, therefore the proposed
extension does not comply with the 1990 Scheme. Under the 1990 Planning Scheme, GFA
calculations included staircases, whereas the current scheme excludes stairs from GFA
calculations as per the administrative term. The total area of staircases within the approved
development equates to ~26m2. In this regard, should the development be constructed today there
would remain the ability to extend the multiple dwellings a total of 26m2 while remaining within the
plot ratio parameter of 0.65:1 as per Performance Outcome PO8 of the High Density Residential
Zone Code.
Further to this, the increase of area does not protrude beyond the existing development footprint
and therefore there is no increase in site cover, is on the ground floor and will not be visible from
the roadside or adjoining premises.
The proposed extension does not raise non-compliance with the planning scheme provisions
regarding private open space.
Considering the extension, being for a study only, remains within the approved density of
development, the development does not warrant an additional car parking space.
The proposed extension is appropriate in consideration of the circumstances of the site.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable.
5. 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. 51994.1391.01, to make a minor change to an existing approval for
town planning consent for a Multiple Dwelling (5 units) situated at Belle De Jour 2/24 Edgar Bennett
Ave Noosa Heads Qld 4567 Belle De Jour 24 Edgar Bennett Ave Noosa Heads Qld 4567 described
as Lot 0 BUP 105473 & Lot 2 BUP 105473, Council on 24 April 2032 decided to:
A. Approve the change.
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B. Include the following additional conditions:
Include additional conditions 20 April 2023
Approved Plans
23. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below, in conjunction with plans listed in Condition 1,
unless otherwise amended by these conditions.
The approved plans in the below table relate to alterations and additions to Unit 2 only.
Plan No. Rev. Plan/Document Name Date
Edgar Bennet 06 Proposed Floor Plan, prepared by JMF 24 January 2023
2022 Design
Edgar Bennet 07 Proposed Section, prepared by JMF 24 January 2023
2022 Design
Edgar Bennet 08 Engineer's Notes & Specifications, 24 January 2023
2022 prepared by JMF Design
Edgar Bennet 09 Extended Room Cabinetry Details, 24 January 2023
2022 prepared by JMF Design
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Document Set ID: 22358428
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