Minor Change Report MCU21 0012.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Nick Cooper
Development Assessment – external planner

APPLICATION DETAILS
Application No.	MCU21/0012.02
Development Approval	Material Change Of Use Dwelling House (Coastal Protection)
Applicant	Rosalind Anne Broadhurst and Graham Geoffrey Broadhurst
Request Received On	19 January 2022
Report Reviewed By	Patrick Murphy 31.01.2022
Decision Due Date	17.02.2022

PROPERTY DETAILS
Property Address	32 Plover St Peregian Beach Qld 4573
RP Description	Lot 9 P 9313
Land Area	506m2
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Coastal Protection (Coastal Protection and Scenic Amenity) Landslide Hazard Overlay – Moderate (not assessable)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to include the following:
Alteration of the internal layout
Alteration of the building design that results in:
Site coverage has been reduced from 397.86m2 to 377.7m2
Landscape area has been increased from 214.52m2 to 222.2m2
Overall building height increased but maintained within the 8.103m above existing ground level
The ground level within the pool back area has been levelled to average RL8.10 and the pool level has been increased by 50mm to comply with BCA requirements for the pool fence (1200mm from Ground level).
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
background
A development approval for a Material Change of Use Dwelling House was approved on 1 June 2021.
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; and
The Noosa Plan 2020.
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 built form is generally retained and the proposal remains a dwelling house;
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 matters 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 following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Zone Code;
Low Density Housing Code;
Coastal Protection and Scenic Amenity Overlay Code
Applicant’s Request
The applicant lodged new plans for approval which includes the series of changes listed previously.
Assessment of Request
The proposed changes have been reviewed against the Noosa Plan 2020 and are considered to meet the relevant provisions as detailed below.
Criteria	Planning Scheme	Approved Plans	Proposal	Consistent
Building height storeys metres	2 storeys max 8 metres	2 storeys 8.103 metres	2 Storeys 8.098m	(discussed below)
Site cover	40% max	39 %	(200.62m2+ 197.24m2) 39%	
Boundary setbacks Frontage Side Side Rear	6 metres min 1.5/2.0metres min 1.5/2.0metres min 6 metres min	5.93m to building 1.25m to deck on northern side metres 1.5 m to eaves on 2nd storey 5.27 metres	6.115m 2m 2m 5.27m	
Length of wall	No wall greater than 5 metres in height has a length greater than 20 metres.	20.27metres	19.22	
Soft landscaping Landscaping	20% min (116.8m² min)	Sufficient area available – can be conditioned to comply	42.42% (214.52m2)	
Carparking	2 covered min	2 covered		
Building Height
The building height was approved at 8.103m. The protrusion above the 8m height limit is demonstrated by figure 5 below

Figure 5 – approved building height
The proposal new plans changes the maximum RL of the roof to be higher.  However as the roof form has been changed, the building has been reduced in length towards the front, and as the site slopes towards the back, the design maintains a lower building height, moving the highest point of the building towards the front. A comparable height plan is provided in figure 6 below.

Figure 6 – Building Height Plan for proposed re-design
As the protrusions remain minimal, the development is still considered to comply with the relevant performance outcomes in that the building maintains 2 storey and presents a height that is consistent with predominant character of the area.
Condition 3 is recommended to remain unchanged as the building height is complaint with this condition.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. MCU21/0012.02, to make a minor change to an existing approval for Material Change Of Use Dwelling House (Coastal Protection) situated at 32 Plover St Peregian Beach Qld 4573 described as Lot 9 P 9313, Council on 31 January 2022 decided to:
A.	Approve the change.
B.	Amend conditions 2 to read as follows:
Approved Plans
2.	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
1.2	B	Site, prepared by /NDRSN	21-12-21
2.1	B	Area Calculations and Compliance Table, prepared by /NDRSN	21-12-21
3.1	B	Ground Floor Plan, prepared by /NDRSN	21-12-21
3.2	B	First Floor Plan, prepared by /NDRSN	21-12-21
3.3	B	Roof Plan, prepared by /NDRSN	21-12-21
4.1	B	West and East Elevation – N & S, prepared by /NDRSN	21-12-21
4.2	B	North and South Elevation, prepared by /NDRSN	21-12-21
5.1	B	Section AA & BB, prepared by /NDRSN	21-12-21

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