Minor Change Report MCU18 0013.02 · MCU18/0013.02

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

APPLICATION DETAILS
Application No.	MCU18/0013.02
Development Approval	Minor Change request to a Material Change of Use (Detached Dwelling)
Applicant	Lunar Investments Pty Ltd
Request Received On	28 May 2019

PROPERTY DETAILS
Property Address	24 Arakoon Cres Sunshine Beach Qld 4567
RP Description	Lot 794 RP 48111
Land Area	636 m²
Existing Use of Land	Dwelling currently in construction

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Biodiversity Overlay – Environmental Protection Area Natural Hazard Overlay – Slide Hazard & Acid Sulfate Soils Natural Resource Overlay – Coastal Protection Area
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to add an additional concrete awning at rear of building to align with awning below (shown in blue below) and change the approved fence on the northern boundary to match the existing adjacent neighbouring boundary fence which is stepped.

Awning (shown in blue)

Fence changes
.
background
A development approval for a Material Change of Use - Detached House was issued on 30 May 2018.  Note, that when the applicant first enquired earlier this year about this proposal, they were advised there would be no support.

An application for a minor change was refused on 20 September 2018.  The proposal was to remove a condition on the approval that required the existing vegetation on the adjacent public pathway to be retained. This decision was not appealed.
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:
Detached House Code
Natural Resource Overlay 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 proposal is 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
The applicant requests additional building works on the dwelling currently in construction that necessitates the inclusion of plans into existing Condition 2: Approved Plans
Applicant’s Request

Assessment of Request
Additional awning:
The proposed development is setback 15 metres from the rear property boundary, with the exception of a cantilevered deck which is setback 12 metres.  This particular approved deck has an awning that covers two thirds of the deck.  The proposed change is to provide an additional awning that results in a structure for the full length of the deck. The awning is more of an architectural feature than it is for weather protection, as it has a void area (hole in the middle) (refer above plans).  The proposed awning does not technically contribute to additional site cover, but does add to the bulk of the building. The additional awning will be located within the coastal building line setback, and setback 12 metres to the rear boundary.
The Natural Resource Overlay Code (Coastal Protection Area) in Noosa Plan requires that only uncovered and unenclosed cantilevered balconies are allowed where they do not extend greater than 3 metres seaward of the Coastal Building Line. There was a relaxation given at the time of the original approval that supported an awning that partially covered the cantilevered balcony within this setback. The balcony is unenclosed. Although the partial cover of the balcony (as previously approved) is not entirely consistent with the Overlay Code, (due to it being partially covered by an awning) at that time, it was considered acceptable to allow, given the rest of the dwelling is sighted seaward of the coastal building line.
It is noted, the original application was assessed prior to any release of Erosion prone area modelling. In addition the draft Coastal Protection overlay code (draft Noosa Plan, which has recently completed public notification), is further strengthened based on new and current information with regard to coastal hazards. The public notification of the draft Planning Scheme and the erosion prone mapping has strengthened the intent of the Natural Resource Overlay Code.
Further, the additional awning results in additional bulk to the building where viewed from the north, south and east.  The proposed awning adds an additional 13m2 of built form at a height of 4.7 metres. A site visit to the neighbouring dwelling adjoining to the north (No. 26) revealed that the additional awning would increase the bulk of the building from this and the eastern perspective. It would also interrupt views to the south from number 26 Arakoon. Refer to the below photo (taken from the deck of No. 26).   The applicant has provided a letter from this neighbour that they have no concerns with regard to the proposed awning. Regardless of the support, it is evident that there will be visual impacts with regard to building bulk and view lines.
For these reasons, the applicants request for the additional awning is not supported.

Changes to fence:
There is an existing block fence between the subject site and the property to north.  The applicant proposes a block fence that is flush with the existing fence.  The approved fence does not quite match the existing fence in terms of built form (height) and the applicant wishes this to occur. The changes to the fence are minor in nature and given there are no impacts externally to the site, there are no issues with the proposed change.  The request to change Condition 2 is supported and plan number DD.303 will be included within Condition 2 (approved plan table).

draft planning scheme
The draft zoning under the new Planning Scheme is Low Density Residential.  The parameters under the draft scheme with regard to site cover, height, built form and setbacks has remained unchanged.  The draft Coastal Protection overlay code is further strengthened under the draft Planning Scheme based on new and current information with regard to coastal hazards. In summary, the draft Code includes provisions that recognises that development is sensitive to the foreshores and avoids the need for coastal protection works. Further where buildings on the site are already located within the coastal hazard area for year 2100 at the commencement of the scheme, new buildings, structures or retaining walls do not extend seaward of the coastal hazard area for year 2070. The Code refers to the Coastal Hazard areas mapping as recently released by Council.

cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed change for the fence is supported due to its absence of impacts, while the additional awning is not supported as there are impacts as outlined in this report.
RECOMMENDATION
With regard to Application No. MCU18/0013.02, to make a minor change to an existing approval for Material Change of Use (Detached House) situated at 24 Arakoon Cres Sunshine Beach Qld 4567  described as Lot 794 RP 48111, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 5 July 2019 decided to:
Agree to change  Condition 2 to include Plan number DD.30, Northern Boundary Elevation to read as follows:

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
100.01	C	Site Plan and Aerials, drawn by SLA Pty Ltd	29 November 2017
200.01	C	Floor Plans (second floor), drawn by SLA Pty Ltd	19 March 2018
200.02	C	Floor Plans (first floor), drawn by SLA Pty Ltd	19 March 2018
200.03	B	Floor Plans (ground floor), drawn by SLA Pty Ltd	29 November 2017
210.01	D	Proposed Roof Plan, drawn by SLA Pty Ltd	19 March 2018
300.01	D	Elevations (southern), drawn by SLA Pty Ltd	19 March 2018
300.02	C	Elevations (northern), drawn by SLA Pty Ltd	19 March 2018
300.03	B	Elevations (western), drawn by SLA Pty Ltd	15 January 2018
300.04	C	Elevations (eastern), drawn by SLA Pty Ltd	19 March 2018
400.01	C	Section A, drawn by SLA Pty Ltd	19 March 2018
400.02	B	Section B, drawn by SLA Pty Ltd	15 January 2018
4 July 2019
DD.303	1	Northern Boundary Elevation, drawn by Shaun Lockyer Architects Pty Ltd	12 April 2019

and
Refuse to make the change to Condition 2 to include plans that identifies the additional awning for the following reasons:
Recent erosion prone modelling carried out by the Council indicates significant erosion is likely to occur in the future for this site, which will place the proposal at threat.
The additional awning is contrary to the Detached House Code as it results in excessive bulk to the adjoining neighbours.

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The applicant proposes the following changes to the approved development:

a. Additional concrete awning at rear of building to align with awning below. The additional
awning uses similar beam detail as the level below and does not result in any changes to
approved site cover, setbacks or building height.

b. Changing the approved fence on the northern boundary to match the existing adjacent
neighbouring boundary fence which is stepped (as shown in Figure 2 above).

The approved plans affected by the above changes have been revised by Shaun Lockyer Architects
and are attached and the extent of the changes are noted on the revised plans. The attached plans
are intended to replace all approved plans with the same name and those approved plans that have
not been altered are intended to remain.