Minor Change Report 51980.3832.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	51980.3832.01
Development Approval	51980.3832.01
Applicant	Pamela Jean Gore
Request Received On	12 May 2022
Report Reviewed By	Patrick Murphy 1 August 2022
Decision Due Date	9 June 2022

PROPERTY DETAILS
Property Address	Bizantin Place 2/12 Park Cres Sunshine Beach Qld 4567
RP Description	BUP 5578, Lot 2 BUP 5578
Land Area	78.47m2 on 324.43m2 Total = 530.73m2
Existing Use of Land	Multiple Dwelling

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

PROPOSAL
The applicant seeks approval to change to an existing development approval for 3 Multiple Dwelling Units on land at 12 Park Crescent, Sunshine Beach.
The application is for the purpose of extending the upper level’s balcony of Unit 2 for the entire length of the unit, and enclose the lower level to allow for an ensuite. The extension for the upper level results in a setback of 1.9 metres where previously 2 metres.
The ensuite will contribute an additional 7.3m2 of GFA and site cover to the lower level. The extension to the upper level balcony does not contribute to GFA, contributing an additional 11.5m2 to site cover on the upper level.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan

Figure 3 – Garage Level Plan
Figure 4 – Level 1

Figure 5 – Level 2

Figure 6 – Elevations and Sections

Figure 7 – Looking West at Unit Development

Figure 8 – View from street frontage

Figure 9 - Looking along western boundary
background
A development approval for a Multiple Dwellings – 3 units was approved on 22 January 1981 (TPC 1290).
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 development does not incorporate a new 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 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:
High Density Residential Zone Code;
Coastal Communities Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
Coastal Protection and Scenic Amenity Overlay Code.
The proposed development does not raise any conflict with the previous conditions of approval.
Building Setback
AO9.1 Buildings and structures meet the following minimum boundary setbacks:
Side boundaries—
1.5 metre setback up to 4.5 metres height;
2 metres setback between 4.5 metres and 7.5 metres height; and
2 metres plus 500 millimetres for every 3 metres above 7.5 metres height or part thereof
PO9 Buildings and structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
be consistent with the predominant character of the surrounding area; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.
The proposed extension of Unit 2 will raise conflict with the western side boundary setback. The applicant seeks a relaxation of 0.1 of a metre. The boundary relaxation is considered minor in nature and remains ample separation between Unit 2 and the adjoining premises. Furthermore, there is some established landscaping between the uses, it is unlikely that overlooking of private space will be a result of the extension.
Site Cover & Plot Ratio
The ensuite will contribute an additional 7.3m2 of GFA. The extension to the upper level balcony does not contribute to GFA, although will contribute an additional 11.5m2 to site cover on the upper level.
The additional GFA of Unit 2, will increase the site’s GFA to 271.79m2. This remains compliant with the plot ratio of 0.65:1 for the site.
The additional 11.5m2 of site cover takes the development’s site cover to 38.21% (202.8m2), which remains compliant with the zone code.
The development remains compliant with site cover and plot ratio provisions of the High Density Residential Zone Code.
Privacy and Overlooking
To ensure that the upper level extension to the balcony does not arise any concerns of overlooking to the adjoining property a planter box to be positioned to obscure.
cONSULTATION
Referral Agencies
Not applicable.
Internal Council 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. 51980.3832.01, to make a minor change to an existing approval for Multiple Dwelling (3 units) situated at Bizantin Place 2/12 Park Cres Sunshine Beach Qld 4567 described as Lot 2 BUP 5578, Council on 1 August 2022 decided to:
A.	Approve the change.
B.	Include the following additional conditions 16, 17:
Include additional conditions 1 August 2022
Approved Plans
16. 	Development is to be undertaken in accordance with this change to existing approvals 51980.3832.01 must generally comply with the approved plans of development. The approved plans relating to the development and Unit 2 are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
1021-1	-	Site Plan prepared by Accolade Building Designs	18 January 2022
3	-	Level 1 prepared by Accolade Building Designs	18 January 2022
4	-	Level 2 prepared by Accolade Building Designs	18 January 2022
5	-	Elevations/Sections prepared by Accolade Building Designs	18 January 2022
Landscaping
17. 	The upper level balcony extension is not to compromise the amenity of the adjoining premises, the balcony is be screened to obscure any overlooking to private open space.

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