Minor Change Report 131999.982846.2

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

APPLICATION DETAILS
Application No.	131999.982846.2
Development Approval	DA17447 – Dwelling House extension – House in Erosion Prone Area
Applicant	Mr John R Jameson
Request Received On	19 March 2018

PROPERTY DETAILS
Property Address	18 Arakoon Cres Sunshine Beach Qld 4567
RP Description	Lot 791 RP 48111
Land Area	607.86 m2
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Natural Hazard overlay – Slide Hazard Biodiversity overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval. The site has an existing dwelling on site which has been approved.  This proposal is a retrospective approval for retaining walls that have been constructed within the eastern portion of the property and within the coastal building line. Refer to Figures 1 & 2 below.

Figure 1 – Subject site with coastal building line

Figure 2 – site plan
background
A development approval for a dwelling in a sand dune problem area was issued September 1999 (17447 DA). The original application was code assessable and a public notification process did not apply. It is noted that when the dwelling was constructed there was no coastal building line identified as it is today.
A change to the development approval was approved 20 May 2016 to extend the garage.
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 code from the Noosa Plan is applicable to this development:
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 works are to stabilise the site and are ancillary to the existing dwelling;
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
This proposal is a retrospective approval for retaining walls that have been constructed within the eastern portion of the property. The works have occurred within the coastal building line and the Coastal Protection Overlay and hence require assessment against the Noosa Plan.
Applicant’s Request
The applicant wishes to receive approval for retaining walls that have been constructed within the coastal building line and Coastal Protection Overlay.
Assessment of Request
The applicant has provided a site plan and engineering plans that shows the location and extent of the retaining walls. Engineering certification has been provided that refers to the retaining wall engineering plans. This needed to be followed up and was provided late in the process (18 May 2018). The retaining walls occur in 3 sets running north to south and have been constructed of sandstone and timber.  They are approximately 1 metre high and have been extensively landscaped with shrubs that screen the retaining walls from the beach. There is a small section whereby the shrubs have not quite grown the height of the retaining wall.  However, the shrubs will cover these sections in the near future. Existing natural vegetation has been retained at the bottom of the slope (where the boundary meets the beach) and some along the side boundaries.
In order for the existing approval to recognise the retaining walls, an amendment to existing Condition 13 is required and is recommended below.

cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The retaining walls have been constructed in accordance with the relevant engineering certification and have been landscaped appropriately to ensure amenity is preserved beyond the boundaries of this site. The proposal is thereby recommended for approval.
RECOMMENDATION
With regard to Application No. 131999.982846.2, to make a minor change to an existing approval for Building works located in the Coastal Protection Area situated at 18 Arakoon Cres Sunshine Beach Qld 4567  described as Lot 791 RP 48111, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change; and
D.	Amend existing Condition 13 to add the following after the existing table ‘Approved Plans – 19 May 2016 Additional Plans’:
Condition 13
Approved Plans – Retaining Wall
Development undertaken in accordance with this approval must generally comply with the approved plans of development and associated engineering certification/documentation.
Plan No.	Plan Name	Date
Q17-304-01	Footing Plan & Structural Notes	n/a
Q17-304-02	Details – Section A-A and footing	n/a
Q17-304-03	Details – Section B-B	n/a

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PROPOSED
‘ADDITIONS TONED
(49sqm)
94° 53°47"
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a

  
   

EXISTING RESIDENCE

 

 

  

Norry
New Stairs
Exiting Walls

_— Newwalis