Minor Change Report 51997.2373.01

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

APPLICATION DETAILS
Application No.	51997.2373.01
Development Approval	Duplex Dwelling
Applicant	Maureen Cudlipp
Request Received On	18 December 2020
Report checked by	Tara Norley – 13 April 2021

PROPERTY DETAILS
Property Address	1/40 Alderly Tce Noosa Heads Qld 4567
RP Description	Lot 1 SP 110326
Land Area	Original base lot size 726m²
Existing Use of Land	Duplex Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Medium Density Residential zone
Overlays	Not Applicable
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval for the existing duplex. The renovations relate to Unit 1 only and include:
minor internal lower floor layout changes ;
extend the upper level of unit 1 to
increase of the size of the bathroom and WC
an additional bedroom and 2 balconies.
A total GFA increase of 18m² resulting in a plot ratio of 0.451:1.
A new pool and landscaping is also proposed to the rear of the property. Setbacks and site cover remain unchanged.
It should be noted that Body corporate approval has not been provided as there is no changes proposed to common property.
The following Figures show floor plans and 3D perspectives of the changes.

Figure 1 - Lower Floor Plan showing the new pool area and minor internal changes

Figure 2 – Upper floor plan with the green shading indicates additional GFA.

Figure 3 - Street elevation showing the new balcony

Figure 4 - new rear upper deck
background
A development approval for a Duplex dwelling was issued on 2 March 1998.
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:
Noosa Heads Local Plan code
Medium Density Residential 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 changes are relatively minor with no change to the buildings footprint;
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
Under s81 (4) and (5) of the Planning Act 2016 the assessment manager must consider the planning scheme in effect at the time of the original development approval and may consider the planning scheme in effect when the change is made.

Plot ratio
The proposal seeks a plot ratio of 0.43:1 which complies with the plot ratio of the planning scheme at the time of the original approval.

However, the Noosa Plan 2020 requires a plot ratio of 0.4:1. There are numerous duplexes in the surrounding area constructed under the superseded planning schemes which have a 0.45:1 plot ratio. Given the proposals footprint is not changing, and the additional floor area sits within the existing roofline, the proposal is not adding excessive bulk to the building. Furthermore, the proposals scale and bulk is consistent with other duplexes in the surrounding area constructed under the superseded planning schemes 0.45:1 plot ratio. Performance Outcome PO9 of the Medium Density Residential Zone Code is relevant to this assessment and is provided below.

Building Scale and Bulk
PO9
Development:
(a) is of a scale compatible with surrounding development and the particular circumstances of the site; and
(b)does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site.

It is considered the proposal complies with Performance Outcome PO9 of the Medium Density Residential Zone Code when a condition is included to reduce the plot ratio to 0.45:1 as the scale of development is compatible with that of surrounding development given that other duplexes in the area have a plot ratio of 0.45:1. It is noted that site cover remains unchanged and complies with the planning scheme in force at the time of the original approval. The new upper level changes are an improvement and provide additional articulation to the building which does not present bulky to neighbouring or to surrounding areas. All other development parameters remain unchanged.

Landscaping
The proposal seeks to reduce the quantity of soft landscaping by approximately 50m² on site given a swimming pool is proposed and some new paving is proposed. The original approval indicates 395m² of landscaping open space is provided. The proposal results in approximately 345m² of landscaping, exceeding the 290m² required under the Noosa Plan 2020 or 267m² required by the superseded planning scheme.

conclusion & reasons for decision
A plot ratio of 0.45:1 (as conditioned) is consistent with other duplexes in the surrounding area which have a similar plot ratio to that proposed. Site cover remains unchanged and complies with the superseded planning schemes and the Noosa Plan 2020. The proposed changes to the upper floor provides further articulation which does not present bulky to neighbouring or surrounding areas. The changes are supported as conditioned.
RECOMMENDATION
With regard to Application No. 51997.2373.01 51997.2373, to make a minor change to an existing approval for alterations and additions to a duplex situated at unit 1/40 Alderly Tce Noosa Heads Qld 4567 described as Lot 1 SP 110326, Council on 14 April 2021 decided to:
A.	Approve the change.
B.	Include the following additional conditions 22, 23, 24 & 25:
Approved Plans
22.	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
SD202	SD02	Proposed Ground Floor Plan, prepared by Robinson Architects	29/3/21
SD203	SD01	Proposed First Floor Plan, prepared by Robinson Architects	29/3/21
SD310	SD01	Elevation, prepared by Robinson Architects	29/3/21
SD311	SD01	Elevation, prepared by Robinson Architects	29/3/21
SD602	SD02	Proposed Pool Terrace, prepared by Robinson Architects	29/3/21
SD1000	SD01	3D Concept View, prepared by Robinson Architects	29/3/21
SD1001	SD01	3D Concept View, prepared by Robinson Architects	29/3/21
SD1002	SD01	3D Concept View, prepared by Robinson Architects	29/3/21
23.	Plot ratio of the development must not exceed 0.45:1 (326.7m² GFA).
24.	All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like except where required to satisfy any privacy condition of this Decision Notice.
25.	New balconies must include either balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining properties.
C.	Agree to delete Condition 1
D.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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