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Minor Change Report 51901.3589.05 [As Published]
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Planning Consultant
Development Assessment
APPLICATION DETAILS
Application No. 51901.3589.05
Development Approval Development Approval for Multiple Dwelling (5 units)
Applicant Jane Clare Frobisher Dunlop
Request Received On 12 December 2023
Report Reviewed By Tara Norley - 22 February 2024
PROPERTY DETAILS
Property Address River Gums 1/1-3 Russell St Noosaville
River Gums 4/1-3 Russell St Noosaville
RP Description Lot 4 BUP 4699
Land Area 926m2
Existing Use of Land Multiple Dwelling
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone High Density Residential
Precinct Not applicable
Local Area Plan Noosaville
Overlays Land Subject to Acid Sulfate Soils
Flood Hazard
Assessment Type Minor Change to Development Approval
1. PROPOSAL
The applicant seeks approval to change the development approval from 5 multiple dwelling units
to 4 multiple dwelling units by amalgamating units 1 and 4 into a single unit.
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• Unit 1 is a 2 level unit that occupies the ground and second levels of the building. The ground
level comprises a double garage, bedroom, ensuite, lift and stairs. The second level comprises
an open planned kitchen, living, dining area, bedroom, bathroom, lift and stairs.
• Unit 4 is a single level unit that occupies the 3rd level of the building. This unit comprises 2
bedrooms, a bathroom, ensuite, open planned kitchen, living dining area, lift and stairs.
The applicant advises that no further building work is required to facilitate the change.
The locality and proposal plans are included below.
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Figure 1 – Locality
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Figure 1 — Locality
1975
ACCESS FOR LIFT
CUSTOMISE
3935
880
880
GLASS BALUSTRADE
5470
STAIRS
1250
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Figure 2 – Floor Plans
2. BACKGROUND
A Town Planning Consent Permit (TPC 1114) to construct Multiple Dwelling Units x five (5) units
was issued on the 12th May 1980.
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On 24 November 2009, a minor change was approved to extend the second and third storey
balconies, which are situated on the buildings northern side. The balconies are of suspended slab
construction.
On 9 November 2017, a minor change was approved to enclose part of an existing balcony to Unit
4.
On 24 October 2018, a minor change was approved to enclose part of the existing balcony (8m2)
to unit 5.
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; and
• The Noosa Plan 2020.
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;
• 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 application must be assessed against the 1973 Planning Scheme that was current at the time
of the original application, but Council may have regard to the Noosa Plan 2020 where appropriate.
The following codes from the Noosa Plan 2020 are applicable to this development:
• High Density Residential Zone Code;
• Noosaville Local Plan Code;
• Dual Occupancy & Multiple Dwelling Code;
• Works Codes;
• Acid Sulfate Soils Overlay Code
• Flood Hazard Overlay Code
The proposal plans suggest that no to limited physical changes have been made to the units to
amalgamate the units into 1 dwelling. However, the applicant advises in this regard that:
• The purpose of the change application is so that units 1 and 4 can be amalgamated and titled
as a single dwelling to reflect is current use.
• The applicant has a large family, including children and grandchildren, who visit and stay in
the unit and they want to retain separate habitable spaces, including 2 kitchens.
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• The unit will still meet the definition of a dwelling and under the Noosa Plan 2020 as the
spaces do not each contain food preparation facilities, a bath or shower, wash basin and
facilities for washing clothes, with only a single laundry on the ground floor.
• The walls at each stair landing have been removed so that it can not be enclosed at any floor
level.
The proposal to amalgamate the units is consistent with the High Density Residential Zone Code
to provide for higher density multiple dwellings in a range of dwelling sizes and styles. The
applicant has made some minor modifications to the unit to physically amalgamate the units
which are limited but considered satisfactory. While 2 kitchens remain in the unit, there is no
requirement in the scheme that prohibits a dwelling containing 2 kitchens. The retention of 2
kitchens would also more easily permit the unit to be again modified in the future for use as 2
units which is desirable.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. 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. 51901.3589.05 , to make a minor change to an existing approval for
Multiple Dwelling (5 units) situated at River Gums 1 & 4/1-3 Russell St Noosaville described as
Lots 1 and 4 BUP 4699, Council on 20 February 2024 decided to:
A. Approve the change from a Multiple Dwelling of 5 units to a Multiple Dwelling of 4 Units.
B. Amend condition 1 to read as follows:
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1. 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 may
be amended by these conditions.
Plan No, Rev. Plan / Document Name Date
Sheet 2 of 8 F Site Works – Key Plan prepared by 20/08/2009
IntExt Design
Sheet 3 of 8 F Level 1 – Floor Plan & Fit-out prepared 20/08/2009
by IntExt Design
Sheet 4 of 8 F Level 2 – Floor Plan & Fit-out prepared 20/08/2009
by IntExt Design
Sheet 5 of 8 F Level 3 – Floor Plan & Fit-out prepared 20/08/2009
by IntExt Design
Sheet 7 of 8 F Level 2 – Floor Plan & Fit-out prepared 20/08/2009
by IntExt Design
Sheet 7 of 8 F Elevations prepared by IntExt Design 20/08/2009
Sheet 8 of 8 F Sections prepared by IntExt Design 20/08/2009
Changes to Conditions – 1 December 2017
A103 Proposed Works to Unit 4, prepared by 26/9/17
Lisang Design
Changes to Conditions – 23 October 2018
A103 Unit 5 D.A 27/7/18
Western Elev (Unit 5)
Changes Conditions – 20 February 2024
A105 1 Level 1 prepared by Lisang Design 08/04/2018
A106 1 Level 2 prepared by Lisang Design 08/04/2018
A103 - Unit 4 DA prepared by Lisang Design 08/04/2018
D. Include the following additional condition:
3. Units 1 and 4 must be amalgamated into a single dwelling and occupied by a single
household as defined by the Noosa Plan 2020. The units must not be separately let at
any time.
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