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Minor Change Report 51994 1165 01 [As Published] · 51994.1165.01
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No. 51994.1165.01
Development Approval Town Planning Consent Permit, TPC 2660
Applicant Project BA
Request Received On 23 March 2023
Report Reviewed By Tara Norley – 26 June 2023
Decision Due Date 24 April 2023
PROPERTY DETAILS
Property Address Lynbrydon 2 2/1 Sunseeker Cl Noosaville Qld 4566
Lynbrydon 2 1 Sunseeker Cl Noosaville Qld 4566
RP Description Lot 0 GTP 102778, Lot 2 GTP 102778
Land Area 677.9m2
Existing Use of Land Duplex
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Area Plan Not applicable
Overlays Acid Sulfate Soils
Flood hazard
Assessment Type Minor Change to Town Planning Consent Permit
1. PROPOSAL
The applicant seeks approval to change an existing development approval for the purpose of
extending the outdoor area, including a minor roof extension along the eastern side of the building
and ground level deck extension.
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The applicant submits that the outdoor area extension is for the purpose of weather protection as
the unit is vulnerable to south-easterly winds.
The roof extension tapers along the eastern side boundary (shown in green and pink on proposed
plans), with a portion within the required 1.5 metre setback, setback 1.18 metres. The extension
increases the development’s site cover by 6m2.
The deck extension at ground level will not impact the existing garden bed along the side boundary.
The proposed works is located clear of the revetment wall setback.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Floor Plan
Figure 4 – South-West / South-East Elevations
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Figure 5 – Original Site + Floor Plans
Figure 6 – Original Elevations Sections
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2. BACKGROUND
A town planning consent for a Duplex dwelling was approved on 9 May 1994.
A Show Cause Notice was issued on 8 February 2023 - Inspection of the premises by Council
officers found that there were new works being conducted at the rear of Unit 2 which were built to
the side boundary setback and in breach of approved plans.
Works ceased and an application was lodged early March 2023.
A site inspection was carried out by a planner
3. ASSESSMENT
3.1. 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.
3.2. 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 development
relates to a minor alteration to Unit 2;
• 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.
3.3. Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Noosaville Local Plan Code;
• Dual Occupancy and Multiple Dwelling Use Code;
• Works Codes.
The original development approval was issued on 9 May 1994, approved under the 1990 Planning
Scheme.
Additional conditions will be imposed rather than amendments to existing conditions of approval
as the development relates to Unit 2 only. The key matters of consideration includes the following:
Site Cover
Site cover provisions under the 1990 Scheme and Noosa Plan 2020 remain the same. The
development was approved with a site cover of 39%, where 40% is allowed. The applicant seeks
additional site coverage of 6m2 which takes the site cover of the whole development to ~40%, and
as such complies with both the 1990 Scheme and Noosa Plan 2020 requirements.
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Building Setbacks
Side boundary setback provisions under the 1990 Scheme and Noosa Plan 2020 remain the same.
The proposed covered area’s roofline tapers to the rear of the unit. A portion of the roof is located
within the required 1.5 metre side boundary setback, proposed at 1.18 metres. The area of
encroachment is for a small element of the roof over the patio extension.
The area of extension is adjacent to Council parkland and is unlikely to be notable from the
waterway due to the changes in elevation. The existing garden bed will remain unchanged as a
result of the proposed development.
The proposed siting relaxation is considered to demonstrate compliance with Performance
outcome PO12 of the Zone Code.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. 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. 51994.1165.01, to make a minor change to an existing approval for
town planning consent for a Duplex Dwelling situated at Lynbrydon 2, 2/1 Sunseeker Close,
Noosaville, described as Lot 0 GTP 102778, Lot 2 GTP 102778, Council on 26 June 2023 decided
to:
A. Approve the change.
B. Include the following additional conditions:
Additional Conditions – 26 June 2023
Approved Plans
20. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below, in conjunction with plans listed in Condition 1,
unless otherwise amended by these conditions.
The approved plans in the below table relate to alterations and additions to Unit 2 only.
Plan No. Rev. Plan/Document Name Date
230201-A1 B Site Plan, prepared by Jim Moehead 21 February
Building Design & Drafting (as annotated by 2023
Council)
230201-A2 B Ground Floor Plan, prepared by Jim 21 February
Moehead Building Design & Drafting 2023
230201-A3 A Upper Floor Plan, prepared by Jim 13 February
Moehead Building Design & Drafting 2023
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230201-A4 A Elevations, prepared by Jim Moehead 13 February
Building Design & Drafting 2023
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