Minor Change Report 51988.2764.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner - Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	51988.2764.01
Development Approval	TPC2107 Group Housing Development (2 units)
Applicant	Gisele Matos and Marcelo Matos
Request Received On	22 April 2022
Report Reviewed By	Lisa Pienaar
Decision Due Date	

PROPERTY DETAILS
Property Address	Orient Pacific - Units  1 and 2/31 Orient Dr Sunrise Beach Qld 4567
RP Description	0 GTP 2167, Lot 1 GTP 2167, Lot 2 GTP 2167
Land Area	627m2
Existing Use of Land	Dual Occupancy

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Landslide Hazard Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval for Dual Occupancy by demolishing the existing garage and constructing a new carport within the front setback to enable the construction of a pool. The carport is to be of lightweight construction with timber posts and metal roof sheeting.
The applicant originally proposed to locate the carport along the front boundary however in response to an information request provided amended plans detailing the new carport at 5 metres.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Elevations

background
A development approval for a Group Housing Development of 2 units was approved in September 1988 under TPC2107 and subsequently constructed. The original approval detailed a garage that was setback approximately 7 metres from the front boundary and a visitor space in front of one fo the units.

Figure 4 – Existing Street front
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 use and overall building form remains similar;
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:
Medium Density Residential Zone Code;
Coastal Communities Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
The applicant seeks approval to change the approved plans to reference the new location of the new carport at the front of the site. The existing approval does not reference any approved plans and the applicant seeks that the new plans be approved.
The proposal has been reviewed against the planning scheme and the existing approval. The new carport proposes a front setback of 5.0m to 5.875m whereas the planning scheme requires a setback of 6 metres.
The applicant has submitted the following justification with the original proposal:

The Orient Drive streetscape is dominated by high solid fences and walls that contribute to the overall presence of built form in the streetscape;

• The proposed carport will adjoin the vehicle maneuvering area of the adjoining premises to the north, rather than their open space or living areas. As such, the carport preserves the amenity afforded to the adjoining premises and will not compromise their visual or acoustic privacy, or their access to sunlight and breezes;

• The carport has an overall height of 2.9 metres, being relatively small in scale compared to the Duplex building onsite;

• The carport will not obstruct views or cause overlooking of private open space or the habitable areas of adjoining premises;

• It is not proposed to remove any vegetation in the site’s frontage, which currently buffers or screens the Duplex development from the street;

• The proposed alteration to the vehicle maneuvering hardstand areas onsite allow the expansion of the front garden bed, such that the proposed change will allow greater landscaping provision between the building and the street;

• The proposed carport will not form a dominant feature of the streetscape, given that it is an unenclosed structure with the most visible feature being 150mm wide guttering/roof fascia; and,

• The proposed carport structure has been carefully designed to integrate into the existing façade of the Duplex development, so as not to dominate the site’s frontage in any way.
The original reduced setback (to the front boundary) was not considered to meet the Performance Outcome (PO12) of the Medium Density Residential Zone Code as it negatively impacted on the existing streetscape. The reduced setback of 5.0m to 5.875m is however considered appropriate based on the surrounding character of the street which includes reduced setbacks immediately adjoining the site. The reduced setback and low set open carport is considered to have low impact on the amenity of the area and maintains the character of the units and street. The proposal is supported.

Figure 5 – Surrounding setbacks

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer – no objection
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. 51988.2764.01, to make a minor change to an existing approval for Dual Occupancy situated at Orient Pacific 1 and 2/31 Orient Dr Sunrise Beach described as Lot GTP 2167, Lot 1 GTP 2167, Lot 2 GTP 2167, Council on 11th July 2022 decided to:
A.	Approve the change.
B.	Amend conditions 1 to read as follows:
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
-	-	Site Plan/ Landscaping prepared by Mal Pratt Homes Noosa	8th June 1988
-	-	Floor Plan w 59 F2 prepared by Mal Pratt Homes Noosa	8th June 1988
-	-	Elevations prepared by Mal Pratt Homes Noosa	8th June 1988
-	-	Carport W59 F2	8thJune 1988
220301 - car-1	C	Proposed Site Plan prepared by Essess Building Design	23rd June 2022
220301 - car-2	C	Layout plans and elevations prepared by Essess Building Design	23rd June 2022
220301 - car-3	C	Elevations prepared by Essess Building Design	23rd June 2022
28019T-RBG-ZZ-XX-SK-CV-00002	PO2	Driveway crossover sketch prepared Robert Bird Group	24thJune 2022

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property description
lot 214 on RP 135363
GIP 2167

area 627 sqm
county of march
parish of weyba

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noosa shire council
medium density residential
moderate landslide hazard

 

 

 

existing sile coverage = 38%
proposed site coverage = 38%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

       

 

 

 

  

propop¢d
6.0 x 4\qool
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5.5m x 5.5m,

proposed site plan 73.06.2002

09.08.2022
3.052022
97.04.2072

3 existing & proposed site plans a3 drawing no. 220301-car-1 reve

 

 

 

scale: 1:200 march 2022 designed/drawn: SLs checked: <= —

 

 

 

 

 

 


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‘xkthg 1800 fence occess ote

west elevation (existing street view)

 

exsng 1800 nb

 

  
 

proposed
6.0m x 4.0m
swimming pool

 

 

 

   
 
 

 

  

 

Pee 10000

 

 

 

 

     

    

pergola at rear & ent foyer
refer to Core saloing Cert

  
    
 

west elevation (proposed street view)

   
 

  

 

 
 

layout plan

om wide garenvretse bins

west elevation (from pool area)


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gure 1 Existing streetscape view (Source: Google Street View 2020)

 


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