Minor Change Report MCU18 0048.02 · MCU18/0048.02

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

APPLICATION DETAILS
Application No.	MCU18/0048.02
Development Approval	Minor Change to a Material Change of Use (Detached House)
Applicant	Gary J Menzie
Request Received On	13 June 2019

PROPERTY DETAILS
Property Address	7 Arakoon Cres Sunshine Beach Qld 4567
RP Description	Lot 780 RP 48111
Land Area	615 m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Natural Hazards Overlay – Slide Hazard Natural Resources Overlay – Coastal Protection
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 (Detached Dwelling) to amend the fence height and for the mid level deck to be setback 4.967m in lieu of the approved 5.042 metres.

background
A development approval for a Material Change of Use for a Detached House was issued on 13 June 2018. A generally in accordance request was approved 27 August 2018 for changes to the garage door height.
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 Hazards Overlay Code (Coastal Protection)
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
The applicant requests a minor change to that already approved.  The minor change necessitates the inclusion of plans into existing Condition 2: Approved Plans
Applicant’s Request
The applicant requests that the northern boundary fence change from 2.4 metres in one location to 2.7 metres.  Additionally the setback of the mid level balustrade that was approved at 5.042 metres from the front boundary is to be setback 4.967 metres.  The height of the balustrade remains the same, it is only the glass that will project forward an additional 75mm.
Assessment of Request
Fence: The approved fence height for the northern boundary varied up to a height of 2.4 metres, as it responds to the slope. The change to the fence height is a consequence of a discussion between the applicant and the neighbours (No. 9) who are concerned with privacy.  It is proposed that the fence between the two properties be between 1.8-2.7 metres in height to address the concerns from No. 9. The fence height for the reminder of the property is 2 metres and under in height as shown on the plans provided.
Balustrade setback
There are no impacts with regard to the reduced setback, given the glass balustrading is the encroachment.  The change does not contribute to the bulk of the building or impede views.  It is considered that this is generally in accordance with the existing approval and the request is supported.

cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed changes are minor in nature and therefore supported.
RECOMMENDATION
With regard to Application No. MCU18/0048.02, to make a minor change to an existing approval for Material Change of Use (Detached House) situated at 7 Arakoon Cres Sunshine Beach Qld 4567  described as Lot 780 RP 48111, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 5 July 2019 decided to:
A.	Approve the change.
B.	Amend condition 2 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
WD.201	3	Garage Level Plan, drawn by Aboda	26.04.18
WD.202	3	Main Level Plan, drawn by Aboda	26.04.18
WD.203	3	Upper Level Plan, drawn by Aboda	26.04.18
WD.204	3	Roof Plan, drawn by Aboda	26.04.18
WD.501	3	East Elevation, drawn by Aboda	26.04.18
WD.502	3	North Elevation, drawn by Aboda	26.04.18
WD.503	3	South Elevation, drawn by Aboda	26.04.18
WD.504	3	West Elevation, drawn by Aboda	26.04.18
WD.601	3	Section A, drawn by Aboda	26.04.18
WD.602	3	Section B, drawn by Aboda	26.04.18
WD.603	3	Section C, drawn by Aboda	26.04.18
WD.604	3	Section D, drawn by Aboda	26.04.18
WD.605	3	Section E (Driveway) , drawn by Aboda	26.04.18
5 July 2019
RFI#32		Balcony Balustrade GIA	15.04.19
RFI#28		Fence Heights	08.04.19

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