Minor Change Report 51901.4733.01

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

APPLICATION DETAILS
Application No.	51901.4733.01
Development Approval	Town Planning Consent for Multiple Dwelling Units (x 2)
Applicant	Noosa Building Certifiers
Request Received On	19 February 2019

PROPERTY DETAILS
Property Address	8 Elanda St Sunshine Beach Qld 4567
RP Description	Lot 173 RP 48113
Land Area	568.83
Existing Use of Land	2 dwelling units (not strata titled)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Not applicable
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to remove the existing garage and construct a new garage located further west within the site, located partly on the southern boundary and within the required setback to the rear boundary. Additionally a pool is to be located within the required side setback to the northern boundary. Refer Figure 1 – Proposed shed and pool.

Figure 1 – Proposed shed and pool
background
A development approval for a Town Planning Consent for Multiple Dwelling Units (x 2) was approved 26 July 1971.  An application for 1 additional unit was applied for and refused (no date known).

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:
Eastern Beaches Locality Code
Residential Uses Code
Building works 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 changes are minor in nature;
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 mattes 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
Provisions under the previous scheme are similar to those under the existing scheme with regard to this minor change.
Proposal
The garage is proposed to be setback from the rear boundary 3 metres, with a setback ranging from 0.00 to 0.85m setback from the side (eastern boundary). The plans also show a pool which is setback 0.7m from the side (northern boundary) and new block fencing up to 1.8m in height.
Assessment of Request
The proposed garage is to be 3.2 metres in height and is 42m2 in size.  The existing garage is located adjacent to the neighbouring dwelling and close to the boundary, where by, the new garage will be setback well away from the adjacent dwelling (side boundary) and a considerable distance away from the dwelling at the rear of the lot. The new garage is of similar size to the existing garage. The proposed setbacks are considered acceptable in that privacy is still maintained to adjoining residences and the garage will not be largely visible from the street.
It is considered necessary to add a new condition 7 to recognise the new garage and pool. Additionally, it is considered prudent to place a condition (to become Conditions 8 & 9) on this minor change approval to ensure that the works do not compromise existing on site car parking or impact on vegetation unless it is absolutely necessary. An advisory note will be placed on the decision notice to identify the need for obtaining the relevant building approvals.
draft planning scheme
The site is located in a Low Density Residential zone under the draft planning scheme. Other provisions in the 2 schemes are largely similar.
cONSULTATION
Not applicable
Other 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.
RECOMMENDATION
With regard to Application No. 51901.4733.01, to make a minor change to an existing approval for Town Planning Consent for Multiple Dwelling Units (x 2) situated at 8 Elanda St Sunshine Beach Qld 4567 described as Lot 173 RP 48113, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on decided to:
A.	Approve the change.
B.	Include additional conditions 7, 8 and 9 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
A-CD-01	A	Site Plan, prepared by Casa Concepts	January 2019
A-CD-02	A	Proposed Floor Plan, prepared by Casa Concepts	January 2019
A-CD-03	A	Elevations, prepared by Casa Concepts	January 2019
A-CD-04	A	Section A, prepared by Casa Concepts	January 2019
The number of car spaces on site must not decrease as a result of the approved additions to the site.
Existing trees on the site must be retained, except where required to be removed to accommodate the approved garage.

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