Minor Change Report OPW19 0217.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Engineer, Diogo Carrico
Development Assessment

APPLICATION DETAILS
Application No.	OPW19/0217.01
Development Approval	OPW19/0217
Applicant	Gmelli Design P/L TTE
Request Received On	25 February 2020

PROPERTY DETAILS
Property Address	60 The Peninsula Noosaville Qld 4566
RP Description	Lot 291 RP 856193
Land Area	921 m2
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Detached Housing
Overlays	Flood Hazard & Acid Sulphate Soils
Assessment Type	Code

PROPOSAL
The applicant seeks approval to change an existing development approval for operational works – Jetty.
background
A development approval for a jetty was issued on 19 November 2019. This approval (OPW19/0217) specifically conditioned the jetty’s handrail not to be as the constructed one (refer snippets of the approved plans and the decision notice below).

Advice was given previously by Council’s Planning officer in relation to the subject jetty, as follows:
“Any infill of the hand rails is inconsistent with the Watercourse Works Code. Any works in the Noosa Waters canal should ‘reflect the character and setting of the work’s immediate surrounds or locality’ (O11 of the Watercourse Works Code).
A site inspection revealed that the all handrails in the vicinity of the site (and generally in Noosa Waters) consist of vertical posts and a horizontal rail with no decorative infills. This simplistic design ensures that the jetties remain as operational low key structures and do not become a feature in the Noosa Water’s canal system, or an extension of a dwellings recreational space. There is a risk that embellishing handrails in Noosa Waters may lead to visual ‘cluttering’ of the watercourse.”
The proposed change to the application is contrary to the above advice. In light of and further to the above, the constructed and proposed infill of the handrail is not consistent with Specific Outcome O11 and Overall Outcome a) of the Watercourses Works Code for the following reasons:
The white finish, thickness of material and overall design of the structure is obtrusive on the open watercourse and landscaped surroundings;
The structure presents unnecessary and avoidable cluttering of the watercourse;
The structure is inconsistent with the open character and amenity of the watercourse.

The subject change application follows up on a council officer’s inspection of the finished works and noting that the constructed handrail was contrary to the approval.
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:
Watercourses 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 approved;
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
Current planning scheme provisions are consistent with the planning scheme provisions that the original development application was assessed against.
Condition 1
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
7550F-S001	C1	Cover Sheet, Drawing Schedule and Locality Plan prepared by Black and More	2 August 2019
7550F-S002	C1	General Notes Sheet 1 of 2 prepared by Black and More	2 August 2019
7550F-S003	C1	General Notes Sheet 2 of 2 prepared by Black and More	2 August 2019
7550F-S004	C3	Site Plan, Framing Plan and Jetty Elevations prepared by Black and More As annotated by Council	2 October 2019
7550F-S005	C1	Typical Jetty Details Sheet 1 of 4 prepared by Black and More	2 August 2019
7550F-S006	C1	Typical Jetty Details Sheet 2 of 4 prepared by Black and More	2 August 2019
7550F-S007	C1	Typical Jetty Details Sheet 3 of 4 prepared by Black and More	2 August 2019
Applicant’s Request
“The application seeks approval for a change to Development Permit for Operational Works (Jetty) such that Black & More drawing 7550F-S004-C3, dated 02/10/2019 is approved as submitted with the Operational Works application without amendments by Council.”
Assessment of Request
The advice from Council’s planning officer, when assessing the original application was:
“Any infill of the hand rails is inconsistent with the Watercourse Works Code. Any works in the Noosa Waters canal should ‘reflect the character and setting of the work’s immediate surrounds or locality’ (O11 of the Watercourse Works Code).
A site inspection revealed that the all handrails in the vicinity of the site (and generally in Noosa Waters) consist of vertical posts and a horizontal rail with no decorative infills. This simplistic design ensures that the jetties remain as operational low key structures and do not become a feature in the Noosa Water’s canal system, or an extension of a dwellings recreational space. There is a risk that embellishing handrails in Noosa Waters may lead to visual ‘cluttering’ of the watercourse.”

The advice from Council’s planning officer (different officer) after assessing the subject change application is:
“The proposed change to the application is contrary to the above advice. In light of and further to the above, the constructed and proposed infill of the handrail is not consistent with Specific Outcome O11 and Overall Outcome a) of the Watercourses Works Code for the following reasons:
The white finish, thickness of material and overall design of the structure is obtrusive on the open watercourse and landscaped surroundings;
The structure presents unnecessary and avoidable cluttering of the watercourse;
The structure is inconsistent with the open character and amenity of the watercourse.”

Given the above reasoning, Council is not willing to accept the proposed changes.
draft planning scheme
Not applicable
cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
The application was forwarded to the following internal Council specialists:
Billy Glover, Planner.
conclusion & reasons for decision
The proposed change has been constructed and is contrary to: advice given during the assessment of the original application (Information Request); and the conditions of the approval.
RECOMMENDATION
With regard to Application No. OPW19/0217.01, to make a minor change to an existing approval for a jetty, situated at 60 The Peninsula Noosaville Qld 4566, described as Lot 291 RP 856193, Council on 17 March 2020 decided to:
Refuse to make the change for the following reasons:
The proposed changes are contrary to Specific Outcome O11 and Overall Outcome a) of the Watercourses Works Code as:
The white finish, thickness of material and overall design of the structure is obtrusive on the open watercourse and landscaped surroundings and does not blend with the surroundings;
The structure presents unnecessary and avoidable cluttering of the watercourse;
The structure is inconsistent with the open character and amenity of the watercourse and other structures on the waterway; and
The proposed handrail is inconsistent with handrails for jetties in Noosa Waters, which are of an open style handrail consisting of evenly spaced vertical posts and a single horizontal rail, with no decorative infills.

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TY PLAN

  
 
  

 

HANDRAIL TO BE IN
ACCORDANCE WITH
OVE NATURAL GROUND SHALL CONDITIONS

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*190 CONSTRUCTION ISSUE

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