Minor Change Report 132009.325.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Ben Thrower
Development Assessment

APPLICATION DETAILS
Application No.	132009.325.02
Development Approval	132009.325 - (Detached House)
Applicant	Samuel Ian Perdriau and Kristy Leanne Perdriau
Request Received On	8 January 2019

PROPERTY DETAILS
Property Address	6 Allambi Rise Noosa Heads Qld 4567
RP Description	Lot 2 RP 88575
Land Area	788.5m2
Existing Use of Land	Detached House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Detached Housing
Overlays	Nil
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval for a Detached House (Roof Top Terrace) by way of extending the area of existing roof top terrace.  The area proposed to be extended is as illustrate by the red outline in Figure 1.
Figures 2 illustrates that the proposed extension is to be boarded with 1.05m high glass balustrades with handrails.
The detached house, including the approved part of the roof top terrace, has been constructed and the use commenced.
The proposed extension:
Is generally centred on the existing roof footprint and extends to both the north and south sides of the roof top;
Is 600mm higher than the existing roof top area; and
Accessed by three steps from the lower level to the higher level.
Of relevance to the assessment of this application, the roof top terrace does create some opportunity to overlook into an adjoining property’s habitable room windows immediately to the south of the proposed terrace (refer to Figure 3). However, to ensure privacy is retained to and from the southern property, a screening device is recommended to the southern side of the existing and proposed roof top terrace.
Figure 4 contains a site and locality aerial image

Figure 1:  Existing (Green Outline) and Proposed (Red Outline) Roof Top Terrace

Figure 2:  South Elevation illustrating the proposed extension to the Roof Top Area

Figure 3:  View from the proposed Roof Top Terrace towards to the adjoining southern dwelling

Figure 4: Site and locality aerial image (Image dated 2018)

background
A Development Permit for a Material Change of Use (Council Reference 132009.325), Detached House, was issued on 28 August 2009 by the former Noosa Iconic Panel.
The existing Roof Top Terrace was subsequently approved on 29 September 2011 (Council Reference 132009.325.01).  Of relevance, to the assessment of this application, the approved terrace was assessed as:
“The roof terrace does create opportunity to overlook neighbouring properties, but not the private open space of any of these properties. To ensure privacy a screening device is proposed to the southern side of the roof terrace.”
“The roof terrace does not alter the design of the roof except for the addition of glass balustrades and a screening device to the south side which do not adversely impact on the skyline and integrate with the existing design.”
It is noted that the subject screening device was illustrated on the approved plans (refer to Figures 5 and 6) but not installed.  Alternatively, glass balustrading has been installed (refer to Figure 7).

Figure 5: Approved plan of development illustrating screening device to the southern side of the existing roof terrace

Figure 6: Approved plan of development illustrating screening device to the southern side of the existing roof terrace

Figure 7: Photo from the proposed roof top terrace to the existing roof top terrace, illustrating the where the approved 1.8m high screening device was to be installed.
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:
Building Works Code
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 a roof terrace is minor in nature and does not intensify the Use;
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
The Building Works Code Probable Solution S15.1 does not allow for roof top terraces and hence the proposed extension requires assessment against Specific Outcome O15 - Roof Form (refer to Table 1).
It is noted the screening device as illustrated on the previously approved plans has not been installed.  However, the reasons for this screening device to be installed at that time are considered still relevant and warranted based on the outcomes of this assessment.  That being to ensure privacy is protected between adjoining properties so that any use of the terrace is obscured from direct views into the adjoining southern dwellings habitable room windows.
Hence, it is recommended conditions of development are included for:
The same 1.8m high screening device to be installed along the full southern edge of the existing roof top terrace; and
A screening device is installed along the full southern edge of the new roof top terrace, to a maximum of 8m height above natural ground level and finished ground level, sufficient to ensure any use of the terrace is obscured from direct views into the adjoining southern dwellings habitable room windows.
The screening device is to be of the same form as the screening device previously approved.
It is noted the screening device may need to be installed inward from the edge of the building to achieve the desired outcome (i.e. any use of the terrace being obscured from direct views into the adjoining southern dwellings habitable room windows) while also being at or under a maximum of 8m height above natural ground level and finished ground level.
Table 1.  Assessment Against Building Works Code Specific Outcome O15
Specific Outcome O15 - Roof Form	Discussion
Roof forms— a) contribute positively to the local skyline;	a) the addition of the roof terrace glass balustrades, including a screening device on the southern side of the roof terrace recommended as conditions of development, is minor in nature and does not adversely affected the existing design of the dwelling.
b) complement the low density character of the locality;	b) the roof terrace does affect the low density character of the area.
c) do not present an appearance of excessive bulk to side neighbours (i.e. avoid low pitched roofs or box profiles/parapets without eaves);	c) the roof terrace is part of the existing roof  and will not alter the appearance of the dwelling to neighbours except for the southern neighbour who will see a recommended screening device, but this device will not appear bulky as it is a louvered design.
d) use simple traditional roof designs; and	d) the roof terrace does not alter the existing roof design except for some glass balustrades and a recommended screening device.
e) do not create opportunities for residents to overlook the private open space areas of neighbouring properties.	e) the roof terrace does create opportunity to overlook neighbouring properties, but not the private open space of any of these properties. To ensure privacy conditions of development for a screening device on the southern side of the roof terrace is recommended.
In conclusion, the roof top terrace does create overlooking of the neighbouring properties but the view is not of private open space. The roof terrace does not alter the design of the roof except for the addition of glass balustrades and a recommended screening device to the southern edge of the terrace which are considered to not adversely impact on the skyline and to integrate with the existing design.
The planning provisions for a roof top terrace have not changed under the current Noosa Plan since the original approvals.
New Plans
Consequential additional conditions (i.e. Condition 30 and 31) has been recommended to install a screening device on the southern edge of the existing and proposed roof top terrace.
draft planning scheme
The planning provisions for a roof top terrace have are similar in application under the New draft Noosa Plan and hence the same assessment outcomes and recommendation would result.
cONSULTATION
Other Referrals
Nil
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. 132009.325.02, to make a minor change to an existing approval for a change an existing development approval for a Detached House (Roof Top Terrace) situated at 6 Allambi Rise Noosa Heads Qld 4567, described as Lot 2 RP 88575, Council on decided to:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
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 and as may be amended by these conditions.
Plan No.	Rev.	Plan Name – Prepared by	Date
1 of 9	I	Site Plan & Perspective Views – MRA Design	14 July 2011
2 of 9	I	Floor Plans – MRA Design	14 July 2011
6 of 9	I	Elevations & Roof Framing– MRA Design	14 July 2011
7 of 9	I	Sections A-A, B-B & C-C – MRA Design	14 July 2011
8 of 9	I	Sections D-D, E-E, G-G & F-F – MRA Design	14 July 2011
1		Roof Overhang Diagram – MRA Design	10 July 2009
2		Pool fence plan & Elevation– MRA Design	10 July 2009
3 of 6		Proposed Additions – Roof Plan	17 November 2018
4 of 6		Proposed Additions – South Elevation and East Elevation	17 November 2018
5 of 6		Proposed Additional – North Elevation and West Elevation	17 November 2018
C.	Include the following additional conditions:
Condition 30
To ensure privacy is protected between adjoining properties, a 1.8m high screening device must be installed along the full southern edge of the existing roof top terrace.
The screening device is to be of the same form and in the same location as the screening device described on the southern edge of the existing roof top terrace in the plans previously approved on 29 September 2011 and as listed in the following table.
Plan No.	Rev.	Plan Name – Prepared by	Date
1 of 9	I	Site Plan & Perspective Views – MRA Design	14 July 2011
2 of 9	I	Floor Plans – MRA Design	14 July 2011
6 of 9	I	Elevations & Roof Framing– MRA Design	14 July 2011
7 of 9	I	Sections A-A, B-B & C-C – MRA Design	14 July 2011
8 of 9	I	Sections D-D, E-E, G-G & F-F – MRA Design	14 July 2011
Condition 31
To ensure privacy is protected between adjoining properties, a screening device must to be installed along the full southern edge of the new roof top terrace, to a maximum of 8m height above natural ground level and finished ground level, sufficient to ensure any use of the terrace is obscured from direct views into the adjoining southern dwellings habitable room windows.
The screening device is to be of the same form as the screening device required as part of Condition 30.
It is noted the screening device may need to be installed inward from the edge of the building to achieve the desired outcome (i.e. any use of the terrace being obscured from direct views into the adjoining southern dwellings habitable room windows) while also being at or under a maximum of 8m height above natural ground level and finished ground level.

[word/footer1.xml]
Page 9 of 9

[word/header1.xml]
3

[Attachment: image1.png (image text)]
6 Allambi Rise Noosa Heads

 

 

————_ biisting Glass Balustrading

 

Proposed New Balustrading


[Attachment: image2.png (image text)]
   

Propoeec andra & Bakiades To

See taece eat

  
 

Proposed
Roof Top Area

  


[Attachment: image5.png (image text)]
 

   

 

1.8m High Vertical Anodised Alumin
Screen Fixed in A/W Manufs Specs
Max Ht 8m from Natural Ground.

 

 

 


[Attachment: image6.png (image text)]
   
 
    
    

 
  

= =p peal re Le TT OTT OE
carole ae reel
Exar

    
   
 
 

TNA RAS ppb, f

47,556
1.8m High Verticai Anodised Alumin.

Screen Fixed In AWW Maruf's Specs.
Max Ht 8m from Natural Ground

 

Site Plan


[Attachment: image7.png (image text)]
 

Existing area where 1.8m High
Vertical Screen was proposed and
| approved, but not installed.