Minor Change Report 51981.3337.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	51981.3337.01
Development Approval	8 x  Multiple Dwellings
Applicant	JDBA Certifiers
Request Received On	7 August 2020

PROPERTY DETAILS
Property Address	Unit 7/25 Allambi Rise Noosa Heads Qld 4567
RP Description	Lot 7 BUP 9043
Land Area	536m²
Existing Use of Land	Multiple Dwellings

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Medium Density Residential
Overlays	Landslide Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks to change the existing development approval to construct a pergola with cover battens and minor alterations to the existing roof top terrace.
The minor alterations include an in-situ daybed, outdoor shower, new decking, and a new BBQ bench.
A locality plan, the proposed terrace layout, elevations and perspective are provided below as Figures 1 - 5.

Figure 1 - Locality Plan

Figure 2 - Subject roof terrace highlighted in green

Figure 3 - Layout

Figure 4 - Elevation showing stairwell in background.

Figure 5 - Perspective looking to the SW.

background
A development approval for 8 Multiple dwelling units was approved on 20 January 1982. The Town Planning Consent TPC 1511 required building approval plans to be substantially in accordance with the drawings submitted with the TPC. A small pergola was approved on the roof terrace.
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:
Noosa Local Plan Code;
Medium Density Residential Zone Code;
Dual occupancy and Multiple Dwelling Code; and
Works Codes
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 works will not result in a substantial change to the built form, are within the existing building footprint and are considered 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 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 proposed minor alteration and layout changes do not raise any concerns. The pergola also does not raise any planning concerns but require discussion.
A small pergola located on the roof terrace was approved under the original town planning consent. However, the proposal is to increase the size of the pergola.
The pergola is proposed unroofed, with cover battens for shading of the area. The overall height of the pergola is generally lower than the roof line being lower than the height of the stairwell roof (downhill side of the terrace) and a lawful roofed area, however, it will sit slightly higher (0.25m) than a common dividing wall (between roof terraces) and a portion of the roof to the uphill side of the terrace. Figures 6-8 below provide marked up images of the height and location of the pergola.

Figure 6 - Approximate height of the pergola. Proposed lower than the existing roofed area and slightly higher than a portion of roof ridge. It should be noted the pergola sits forward (in front) of the roofed area and not directly above the lower roof ridge

Figure 7 - The height and location against the stairwell.

Figure 8 - Showing level above the common dividing wall.
The pergola is not proposed higher than the highest of the existing structures, and the whole development is lower than the dwellings opposite and across Allambie Rise which have filtered vegetated views over the top of the development with significant trees blocking any views of the terrace. Figure 9 below shows the view towards the existing dwelling opposite the development.

Figure 9 - The pergola would be well screened by vegetation and sit lower than the highest roof ridge.
The pergola being unroofed does not constitute a storey and a site inspection confirmed that the pergola sits within the existing roof form and is unlikely to impede any views and recommended to be supported subject to conditions.
conclusion & reasons for decision
The pergola is no higher than and sits within the existing roof form and raises no planning concerns when conditions are included to ensure the height of the pergola remains lower than the existing roof.
RECOMMENDATION
With regard to Application No. 51981.3337.01 make a minor change to an existing approval for a roof terrace pergola situated at 7/25 Allambi Rise Noosa Heads Qld 4567 described as Lot 7 BUP 9043, Council on decided to:
A.	Approve the change.
B.	Include additional conditions 22, 23 and 24 to read as follows:
ADDITIONAL CONDITIONS SEPTEMBER 2020
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. additional
Plan No.	Rev.	Plan/Document Name	Date
LMP01	B	Landscape Masterplan, prepared by Exhibit Green Landscape Architects and as annotated by Council	25/8/20
DP01	B	Elevations, prepared by Exhibit Green Landscape Architects and as annotated by Council	25/8/20
Pergola
The maximum height of the pergola must not exceed 0.25m above the common wall between the neighbouring roof terrace to the east.
The pergola must not be roofed or enclosed.
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016

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