Concurrence Referral Agency - Planning Report RAP18 0046.01 · RAP18/0046.01

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

APPLICATION DETAILS
Application No.	RAP18/0046.01
Development Approval	Renovation and Extensions to Existing Detached House
Applicant	Paul James Burns
Request Received On	4 February 2019

PROPERTY DETAILS
Property Address	21 Allambi Tce Noosa Heads Qld 4567
RP Description	Lot 117 RP 94023
Land Area	607m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Detached House
Overlays	Not applicable
Assessment Type	Minor Change to Concurrence Agency Response

PROPOSAL
The application seeks to change conditions 15 & 16 for a Concurrence Agency Response previously issued.  The applicant seeks to remove the conditions that relate to the setting back of a front boundary fence and the requirement for landscaping in this setback.
background
A Concurrence Agency Response for an extension and alteration to a Detached House was issued 7 December 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:
Detached House Code

Statutory Process
The applicant has requested to make a minor change to a Concurrence Agency response under s78 of the Planning Act 2016. An application for a minor change to a Concurrence Agency response can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the 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 minor in nature;
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
Condition 15 & 16
Any street fencing must be set back an average of 1 metre from the front property boundary and not exceed a maximum height of 1.8 metres.
Applicant’s Request
We submit to amend the condition to remove the 1-metre setback requirement, allowing the proposed fence to be built upon the boundary line. The maximum height of the fence at its highest point will be 2m, offering a slight reduction from 2.2m. The average height of the fence will be less than 1.8m. The position of the proposed fence is compatible with the neighbouring properties. Building the fence along the boundary enables the proposed fence to connect into the southern neighbour’s (#19) existing 2.2m high block fence. The fence along the boundary line is also consistent to the northern neighbour (#23), as it is for the houses opposite (#24 and #26) who have all built fences along the boundary line.

A large palm tree adjacent to #19 would need to be removed should the 1-metre setback be required. The fence steps down the slope and is made of high quality materials. The fence where connecting to the southern neighbour is approximately 1.8m and nominally increases in height as the slope falls away (to around 2.2m). There is no fence on the northern side of the driveway and this area may contain a gate in the future.

The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
In view of the request to delete condition #15 there will not be the setback available to densely
landscaped.
Assessment of Request
The intent of Conditions 15 & 16 was to encourage vegetation that would contribute to the streetscape which would benefit from this.  The applicant’s position is understood and it is considered that the proposed fence would positively contribute to the streetscape (stone work).  It does not traverse the whole front boundary (as it does not include the driveway).  There are 2 street trees on the road reserve that contribute to the streetscape.  Given the development is a dwelling and the above points, it is agreed to delete conditions 15 & 16 as requested by the applicant.
cONSULTATION
Referral Agencies
Not applicable
Other 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. RAP18/0046.01, to make a minor change to a Concurrence Agency response situated at 21 Allambi Tce Noosa Heads Qld 4567 described as Lot 117 RP 94023, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on decided to:
A.	Approve the change.
B. 	Delete Conditions 15 & 16

[word/footer1.xml]
Page 2 of 3

[word/header1.xml]
3