Minor Change Report MCU18 0001.01 · MCU18/0001.01

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

APPLICATION DETAILS
Application No.	MCU18/0001.01
Development Approval	Minor change to Material Change of Use - Detached House
Applicant	Judith Robyn Klobas
Request Received On	13 August 2019

PROPERTY DETAILS
Property Address	8 Stevens St Sunshine Beach Qld 4567
RP Description	Lot 696 SP 279875
Land Area	506 m²
Existing Use of Land	Vacant/dwelling in construction

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Semi Attached Housing
Overlays	Natural Resource Overlay – Coastal Protection Natural Hazard Overlay – Slide Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant originally sought approval to change to an existing development approval to make the following changes to an approved dwelling.
Increase in height of garage walls on the northern (2.89m to 3.30m at highest point from NGL) and eastern elevations 2.675m to 3.04m from NGL & FGL), which results in a deck higher than previously approved. Balustrading to be higher as a consequence.
Balustrading for the deck has moved to edge of garage roof. A 1.5 metre setback with plantings was previously approved.
New structures over the eastern and northern deck and fixed lourves angled upwards so as to protect privacy to northern neighbours.
Change to part of the roof form;
Change to front fence location – no setback;
Change to southern elevation removing previously approved screens;
Removal of any structures encroaching on access easement (as required by conditions).
During a series of meetings it was conveyed that some of the changes would not be supported as they result in increased bulk and additional impacts on neighbouring property. The applicant provided amended plans on 16 October 2019 identifying the below changes now sought to the approved development:
Change to part of the roof form;
Change to front fence location – no setback;
Removal of any structures encroaching on access easement (as required by condition 22);
Change to southern elevation removing previously approved screens.
background
A development approval for a Material Change of Use - Detached House located in the Coastal Protection Area as identified in Noosa Plan was issued on 20 November 2018.
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:
Natural Hazard Overlay Code – Coastal Protection
Detached House 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 changes are to a previously approved 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
The discussed and agreed proposed changes are consistent with the existing approval.
Condition 2 – Approved plans table
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.	Plan/Document Name	Date
C0.0	Site Plan, drawn by Chris Clout Design	13/11/18
C1.0	Lower Floor Plan, drawn by Chris Clout Design	13/11/18
C2.0	Ground Floor Plan, drawn by Chris Clout Design	13/11/18
C3.0	Upper Floor Plan, drawn by Chris Clout Design	13/11/18
C4.0	Elevations (East/West), drawn by Chris Clout Design	13/11/18
C5.0	Elevations (North/South) , drawn by Chris Clout Design	13/11/18
C6.0	Section (1 & 2), drawn by Chris Clout Design	13/11/18

The applicant has provided a new set of plans that show the changes.  Where changes are supported, changes to plans and Condition 2 will be amended accordingly.  These are discussed as follows.
Applicant’s Request
Modification of roof pitch to western pod from 5.6% to 5.0% in order for the roof lines to be at the same angle.
Assessment of Request
The modification to the roof line complies with Noosa Plan and is consistent with the approval.  The change is therefore supported.

Applicant’s Request
The applicant has requested the removal of approved screens on the southern façade and replace with windows at the eastern and western end of the building.
Existing

Assessment of Request
It is acknowledged the change relates to the southern building face. The screens at the western end of the building are replaced with 2 windows of varying size which is considered acceptable as they provide articulation to the building.  However, it is considered that the removal of the screens at the eastern end of the building results in an expanse of wall face, being a lack of mix of materials, texture and vertical to horizontal variance.  To overcome this, the elevation plans will be annotated (Refer Figure 1) and an additional condition included to ensure that a blank wall at the southern end of the building is articulated.

Figure 1

Condition 17
Any street fencing must be in accordance with the approved plans and the area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.

Applicant’s Request
Relocate front fence to front boundary line and remove the daybed proposed in the front setback. The proposed fence will be articulated at the southern end as the fence wraps around towards the front door.
Assessment of Request
The fence as approved is setback 0.5–1 metre from the front boundary with plantings. The adjoining properties (both northern and southern side) have front fences on the front boundary. There are no issues with regard to the proposed fence setback and the removal of the daybed and it complies with Noosa Plan.  Deletion of Condition 17 is supported.

Condition 20
The garage wall height must not be any higher than indicated on Elevation Plans no. C4.0 and C5.0.
Assessment of Request
As a consequence of a new plan set, Condition 20 is required to be amended to reference the correct plan numbers.  Therefore, Condition 20 will be amended accordingly.

Condition 22
No part of the structure or roof line is to encroach on the access easement.  Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not encroach on the any access easement.
Applicant’s Request
The submitted plans indicate the removal of a section of wall on southern boundary that was protruding into easement area in accordance with Condition 22.
Assessment of Request
The plans indicate there is no part of the building protruding into easement area.  Certification will still need to be obtained from a Licensed Surveyor prior to bond release.  The plans will be approved accordingly. Condition 22 remains relevant to the approval and is retained.
draft planning scheme
The proposal is aligns with the intent of the approved use.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed changes with regard to built form are minor in nature and are consistent with or can be conditioned to comply with the existing built form.
RECOMMENDATION
With regard to Application No. MCU18/0001.01, to make a minor change to an existing approval for Material Change of Use - Detached House (Coastal Protection) situated at 8 Stevens St Sunshine Beach Qld 4567 described as Lot 696 SP 279875, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 17 October 2019 decided to:
A.	Approve the change.
B.	Amend conditions 2, 20 to read as follows:

Condition 2 – Approved plans table
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.	Plan/Document Name	Date
C0.0	Site Plan, drawn by Chris Clout Design	13/11/18
C1.0	Lower Floor Plan, drawn by Chris Clout Design	13/11/18
C2.0	Ground Floor Plan, drawn by Chris Clout Design	13/11/18
C3.0	Upper Floor Plan, drawn by Chris Clout Design	13/11/18
C4.0	Elevations (East/West), drawn by Chris Clout Design	13/11/18
C5.0	Elevations (North/South), drawn by Chris Clout Design	13/11/18
C6.0	Section (1 & 2), drawn by Chris Clout Design	13/11/18
Minor change to approval MCU18/0001.01
WD1.0	Site Plan, drawn by Chris Clout Design	16/10/2019
WD2.0	Lower Floor, drawn by Chris Clout Design	16/10/2019
WD3.0	Ground Floor, drawn by Chris Clout Design	16/10/2019
WD4.0	Upper Floor, drawn by Chris Clout Design	16/10/2019
WD5.0	Elevations (west, east), drawn by Chris Clout Design	16/10/2019
WD5.1	Elevations (north, south) (as annotated by Council), drawn by Chris Clout Design	16/10/2019
WD6.0	Section, drawn by Chris Clout Design	16/10/2019
WD6.1	Section, drawn by Chris Clout Design	16/10/2019
WD7.0	Pool Plan, drawn by Chris Clout Design	16/10/2019
WD9.0	External details, drawn by Chris Clout Design	16/10/2019
WD13.0	External colours, (as annotated by Council), drawn by Chris Clout Design	16/10/2019

The garage wall height must not be any higher than indicated on Elevation Plans no. WD5.0 WD5.1.
C.	Delete condition 17
D.	Include the following additional condition 33 as follows:
33.	The eastern part of the southern façade is to have a variance of colour, texture, feature and/or material to provide articulation, so as to not appear as a blank wall (as annotated on Plan WD5.1 & WD13.0).

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bbe applied on the southern
face of this part of the
‘building to provide
articulation