Minor Change Report 132003.221152.8

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

APPLICATION DETAILS
Application No.	132003.221152.8
Development Approval	Material Change of Use (Dwelling)
Applicant	Mr Gregory John Woolley
Request Received On	8 November 2022
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	12 Park Rd Noosa Heads Qld 4567
RP Description	Lot 54 RP 52918
Land Area	796.64m2
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Noosa Heads
Overlays	Landslide Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for a Material Change of Use for an existing dwelling.  The applicant seeks approval to increase the size of the existing kitchen and new laundry space by utilising an existing void area between the 2 pavilions and include subfloor storage.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
background
The Planning Scheme limits dwelling houses on 6 – 14 Park Road to a maximum gross floor area of 150m². This maximises the retention of vegetation on Noosa Hill and maintains a green back drop to Noosa Main Beach.
On 29 October 2004 Council issued an approval for a dwelling. The following changes to the approval have been issued:
9 October 2006 - allowed a tree to be removed.
9 August 2006 - permitted the sewer and stormwater lines to discharge to Park Road rather than to Allambi Rise.
27 September 2007 - approved a 50m² extension to the dwelling bringing the total gross floor area to 198m2.
6 September 2017 – approved retaining wall and unroofed deck. Following Council’s decision, an appeal was lodged with the Planning and Environment Court on 20 September 2016 by the applicant. The matter was latter resolved between the parties and confirmed by Judgment of the Planning and Environment Court on 1 November 2011 with the deck setback 1 metre from the front boundary.
28 June 2018 – approved a deck extension.  (Note: the approved 50m2 extension in 2007 was reflected in changed condition 5.)
19 July 2018 - approved changes to include a lift which is to be accessed via a subterranean pedestrian link.

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; and
The Noosa Plan 2020.
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 remains the same as that approved and the scale and bulk of the development remains generally consistent with the current approval. There are no new uses proposed that would create different or additional impacts;
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
The proposed changes relates to Condition 5 of the existing approval and the potential for the proposed development to impact adversely on the treed backdrop to main beach. The proposed impact on existing vegetation is the critical element requiring assessment.
Under the original approval for the dwelling, the Noosa Hill Development Control Plan limited the building to a maximum gross floor area of 150m2. These provisions are included in AO8.2 of the Low Density Residential Zone Code in the Noosa Plan 2020 to include a maximum gross floor area requirement of 150m2.
It is noted in the prior change (change .7) that the officers report acknowledged there had been some prior works in 2007 that had increased the gross floor area from 150m2 to 198m2.  Condition 5 was to be changed to rectify this.  However, the decision notice that was issued referred to site cover instead of gross floor area, and the 150m2 instead of 198m2.  It is recommended to rectify this in this application, while incorporating the additional gross floor area subject to this application.
Condition 5 currently (incorrectly) reads:
5.	The maximum site cover for all buildings and structures on the subject site is to be 150m2.
Condition 5 should read:
The maximum gross floor area of all buildings and structures on the subject site is to be 198m2.

The existing dwelling house has a site cover of 200m2 and a gross floor area of 198m2.
Assessment of Request
The subject application will increase the gross floor area of the development by an additional 14.5m2 and site cover to 219.5m2.
The maximum site cover under the Low Density Residential zone code is 50% and the proposal is complaint with this.
The proposal seeks to increase the approved 198m2 of gross floor area by another 14.5m2 and drying deck at 4m2.   Being non compliant with AO8.2 of the Low Density Residential Zone Code in the which stipulates a maximum gross floor area requirement of 150m2, assessment against PO8 of the code is required which is as follows:
Development:
is of a scale compatible with surrounding development and the particular circumstances of the site;
has a low site impact to maximise the opportunity to retain site characteristics, such as native vegetation and natural landforms;
allows the opportunity to provide soft landscaping between buildings;
does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site.

The following images details the subject site and void area of the dwelling.
Figure 5 - dwelling as viewed from pathway adjacent to Main Beach

Figure 6 – extension of kitchen area between existing rooflines
Figure 7 – taken from No. 10 Park Rd

The extension of the kitchen area situated in a void area of the building does not add bulk to appearance of the building even when viewed from within the site directly beside the building. The upper and lower roof is to be connected in the same line as the existing stairwell at the centre of the building so there will be no increase in the existing building height or change in roof line. No native vegetation is to be removed to facilitate the renovations, however some small planted palms are to be removed that were planted 1 year ago. Refer Figure 6.   Council’s Senior Environment Officer visited the site with the Development Planner and concluded there are no issues associated with the removal of the small palms as they are a garden/planted species and do not screen the built form.
The building is well screened by existing trees and vegetation both within the property and outside the property. The additions cannot be seen at all from any other property above or beside the subject property as it is not only concealed by vegetation it is also concealed by the existing building.
The changes are considered to comply with PO8 of the code and are supported.  To ensure the building works integrate into the existing building and are muted tones, it is recommended to include an additional condition which will be new condition 63.
The changes also include a sub floor storage area which is to be situated under the existing dwelling and cannot be seen externally. There are no issues associated with this.
It is noted that the floor plan provided with the application is slightly different from that previously approved.  The previous bathroom space is currently a study and previous bedroom 1 is now a  library.  It is noted that the footprint in these locations has not changed.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Senior Environmental Officer
conclusion & reasons for decision
The proposed changes are minor and the development remains generally consistent with the existing approval. No concerns are raised with respect to the works impact on existing vegetation on site. The application identifies conflict between a condition of the existing approval and the Noosa Plan. It is recommended that condition 5 be amended to reflect the approved gross floor area of the existing dwelling, while incorporating the changes.
It is therefore recommended that Council support the proposed changes to the Court order.
RECOMMENDATION
With regard to Application No. 132003.221152.8, to make a minor change to an existing approval for Development Permit for Material Change of Use for a dwelling house situated at 12 Park Rd Noosa Heads described as Lot 54 RP 52918, Council on 11 January 2023 decided to:
A.	Approve the change.
B.	Amend condition 5 to read as follows:
5.	The maximum gross floor area for all buildings and structures on the subject site is to be 213m2.
C.	Include the following additional conditions 68 & 69:
Additional Conditions January 2023 – extension of kitchen and inclusion of sub floor
68.	Development undertaken in accordance with this approval must 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
01	A	Site Plan, prepared by TWD Designs	05/09/2022
02	A	Ground Floor Plan, prepared by TWD Designs	05/09/2022
03	A	Sub Floor Plan, prepared by TWD Designs	05/09/2022
05	A	Proposed Roof Plan, prepared by TWD Designs	05/09/2022
06	A	Elevations 1, prepared by TWD Designs	05/09/2022
07	A	Elevations 2, prepared by TWD Designs	05/09/2022
69.	All additions to the dwelling are to be of a non-reflective nature and coloured with muted earth tones.  All structures are to use colours that integrate into the existing dwelling and with the natural environment and be of muted earth tones of browns, greens, ochres, greys etc.
Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

[word/footer1.xml]
Page 4 of 4

[word/header1.xml]
3

[Attachment: image3.png (image text)]
 

®

    

Tee

 

 

 

 

 

 

 

 

 

Qo
i 2 |h s
ca a |
i ro
o
[| 3
reed: dO J IBS-Syeei- b= he
os 5
°
Z z
=
os : '
2 ' uw a,
: fe] | #8 }
i (Ld
os | b=

 

 

 

 


[Attachment: image4.png (image text)]
 

 

 

 

 

 

 

 

 

EXISTING

[BASTING FLOOR 2200,

 

 

 

 

 

 

 

 

 

 

 

 

 

TEREDREWINGT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Z i

PARTIAL SECTION A-A

 

 


[Attachment: image5.png (image text)]
 

         
  
  

 

 

ie

 

 
            

 
   

   
   

 

—____—=
1 2 3 4 5

PROPOSED ROOF PLAN aT

 

 

 

 

 

i

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image6.png (image text)]
   
  
   
  
 
   

RL___FAMILY
+33.300

RL

+32.340

  

  

EXISTING DECK
EXTENSION

    

  
   
  
   
 
   
 
  
     

RL
+30.590

‘STORAGE

RL
+30.215,

DECK

  

+30.240

LIFT SHAFT

RL___ BUNK UP ROOM
+26.600

   

TE BOUNTARY
TE BOUNDARY


[Attachment: image7.png (image text)]
 

QAX OnE Vr.) Peri rmu JATICNAL /