Minor Change Report 51993 564 01 [As Published] · 51993.564.01

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               1.     PROPOSAL
               The applicant seeks approval to change to an existing town planning approval for a “Duplex
               dwelling”. The proposed changes relate to Unit 1 and involve internal and external alterations to
               the unit removal of the existing trees at the frontage and a new gazebo at the rear of the unit.
               The proposed changes generally include:
               •      Conversion of the existing single garage and dry court to double carport and reworking of
                      entry and addition of internal sitting and built-in storage. •
               •      Reworking of primary bedroom to include walk-in-robe, new ensuite and relocated powder
                      room and laundry.
               •      Reworking of rear terrace to upgraded alfresco.
               The locality and proposal plan are included below.




                                       Subject Site




                                                           Figure 1 – Locality Map




                                                      Figure 2 – Existing Conditions Map



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                                           Figure 3 – Proposed Site Plan




                                       Figure 4 – Proposed Ground Floor Plan




                                        Figure 5 – Proposed First Floor Plan

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                                                Figure 6 – Proposed Elevations

               2.     BACKGROUND
               A town planning consent (TPC2553) for a duplex dwelling was approved on 22 July 1993.
               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
               •      The 1990 Planning Scheme; and
               •      The Noosa Plan 2020.




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               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
                      does not introduce a new use and the proposed alterations are generally minor;
               •      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 original development approval issued for the duplex dwelling was assessed against the
               requirements of the 1990 Planning Scheme. This change application is assessed under the 1990
               Planning Scheme with regard given to the planning scheme in effect, the Noosa Plan 2020.
               Condition 1
               1.     Submission to and approval by Council of building plans in accordance with the Building Act,
                      Council's By-laws and Policies, the conditions of this approval and substantially in
                      accordance with plans SDO1A and the Shire of Noosa Planning Scheme apart from where
                      amendments are required or dispensations have been granted in conjunction with this
                      approval.
               Applicant’s Request
               The applicant has requested that the proposed plans prepared by Suncoast Building Design be
               included in the approval as approved plans.
               Assessment of Request
               Alterations and Additions – Ground Floor Reconfiguration
               The development proposes to make alterations to the ground floor level of the dwelling. The
               proposed alterations involve extensions to the ground floor bedroom, reconfiguring the bedroom,
               kitchen, and entry area, and then converting the existing double garage into a new sitting room.
               At the time of the application, the subject land was in the Residential Low Density Zone (RL), and
               development for the purpose of a Duplex dwelling was “Consent Development’. The development
               generally complied with the requirements specified in the Planning Scheme for and subsequently,
               the proposed changes generally comply with the relevant requirements of the planning scheme.
               The subject land is currently in the Medium Density Residential Zone under the Noosa Plan 2020
               and the development is considered a Dual Occupancy which is code assessable. The development
               generally complies with the relevant Acceptable Outcomes of the Medium Density Residential
               Zone Code and the Dual Occupancy and Multiple Dwelling Code.
               The proposed alteration will not result in a setback that is less than what is existing and is not
               expected to cause an adverse impact on resident amenity. While the proposed garage conversion
               to a living area and extensions to the northern bedroom wall will marginally increase the site cover,
               the additions will not increase the maximum population density of the site or cause an exceedance
               to the maximum site cover of both the 1990 Planning Scheme and the Noosa Plan 2020.




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               Alterations and Additions – Double Carport
               The development proposes to convert the existing attached garage to a sitting room and construct
               a double carport to replace the converted carpark. The proposed double carport will result in a non-
               compliant setback with both the 1990 Planning Scheme and the Noosa Plan 2020.
               Part F, Division 2, Section 35(1)(a)(i) of the 1990 Planning Scheme and Acceptable Outcome
               AO12.1(a) of the Noosa Plan 2020 requires buildings and structures to have a minimum setback
               of 6 metres from the frontage.
               The development proposes a non-compliant setback of 5.1 meters from the frontage, however,
               this setback variation is considered acceptable in this instance due to the shape and corner location
               of the lot. The subject site is a corner lot and the carport is located on the rounded edge of the lot.
               The proposed variation is marginal, and parcels adjoining the site specifically to the west, features
               similar buildings that are setback well under 6 metres from the frontage.
               The proposed double carport exceeds the parking requirements of the 1990 Planning Scheme (1
               covered space per dwelling, plus 1 space for visitors parking) and the Noosa Plan 2020 (Two
               covered spaces; and One additional space).
               Alterations and Additions – Vegetation Removal
               The submitted plans denotes the large trees to front corner of site are to be removed. These
               existing trees currently provide screening to the existing fence and help soften the appearance of
               the building from the street.
               The existing trees will also help provide screening to the carport and reduce any potential impacts
               from the proposed setback variation and therefore, the tree removal is not supported. A condition
               is included for the trees to be retained.


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •      Senior Engineer, Development and Regulation (as conditioned)
               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the 1990 Planning
               Scheme, and the Noosa Plan 2020, the current planning scheme. The proposal 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. 51993.564.01, to make a minor change to an existing town planning
               consent for Duplex dwelling situated at Sonoma, 1/10 Sunseeker Cl Noosaville Qld 4566,
               described as Lot BUP 100158, Lot 1 BUP 100158, Council on 08 August 2023 decided to:
               A.     Approve the change.
               B.     Amend condition 1 to read as follows:
               2.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development and may be amended by these conditions and annotations
                      on the plans.

                         Plan No.      Rev.          Plan/Document Name                               Date

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                           2                A             Site Plan, Prepared by Suncoast Building 27.06.23
                                                          Design

                           5                A             Ground Floor Plan, Prepared by Suncoast 27.06.23
                                                          Building Design

                           6                A             Ground Floor Dimension Plan, Prepared by 27.06.23
                                                          Suncoast Building Design

                           7                A             First Floor Plan, Prepared by Suncoast 27.06.23
                                                          Building Design

                           9                A             Elevations (Elevation 1 & 2), Prepared by 27.06.23
                                                          Suncoast Building Design

                           10               A             Elevations (Elevation 3),      Prepared    by 27.06.23
                                                          Suncoast Building Design

               C.     Include the following additional condition:
                      External Colours & Finishes
               20.    External colours and finishes must be of muted environmental tones that complements the
                      existing building and blend with the surrounding vegetation and landscape, with broad
                      expanses of a single colour or reflective surfaces not permitted.
               21.    A ‘no clearing zone’ must be established and maintained over the existing trees on the site
                      and in the road reserve. The following activities must not be carried out within the no clearing
                      zone:
                      a.               Clearing, cutting down, poisoning, lopping or pruning of native vegetation, which
                                is indigenous to, or planted within, the zone;
                      b.               Soil/spoil dumping and/or compacting; and
                      c.               Soil excavation, other than for planting indigenous native plants.




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