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Minor Change Report 51994 1391 01 [As Published] · 51994.1391.01

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               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




                                                                                                      Page 1 of 7

Document Set ID: 22358428
Version: 6, Version Date: 26/04/2023
Full text of the other 6 pages

Page 2

               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

                                                                                                  Page 2 of 7

Document Set ID: 22358428
Version: 6, Version Date: 26/04/2023

Page 3

                                       Figure 3 – Floor Plan




                                                               Page 3 of 7

Document Set ID: 22358428
Version: 6, Version Date: 26/04/2023


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Document Set ID: 22358428
Version: 6, Version Date: 26/04/2023

Page 4

                                                         Figure 4 – Elevations




                                       Figure 5 – Site Plan from TPC as referenced in Condition 1

                                                                                                    Page 4 of 7

Document Set ID: 22358428
Version: 6, Version Date: 26/04/2023

Page 5

               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


                                                                                                      Page 5 of 7

Document Set ID: 22358428
Version: 6, Version Date: 26/04/2023

Page 6

                    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.

                                                                                                          Page 6 of 7

Document Set ID: 22358428
Version: 6, Version Date: 26/04/2023

Page 7

               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




                                                                                                       Page 7 of 7

Document Set ID: 22358428
Version: 6, Version Date: 26/04/2023

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