Minor Change Report MCU14 0092.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU14/0092.02
Development Approval	Development Permit for Material Change of Use of Premises – Dwelling and Shed
Applicant	Vicki Jennifer Taylor
Request Received On	27 July 2022

PROPERTY DETAILS
Property Address	3 Figbird Ct Lake Macdonald Qld 4563
RP Description	Lot 2 SP 158846, Lot 2 SP 266744
Land Area	53516.74m2
Existing Use of Land	Shed

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not applicable
Local Area Plan	Biodiversity, Waterways and Wetlands (Area of Biodiversity Significance and Riparian Buffer area and Waterway)
Overlays	Minor Change to Development Approval
Assessment Type	Regional Landscape and Rural Production Area

PROPOSAL
The applicant seeks approval to change an existing development approval for a Material Change of Use for a Dwelling House in the Riparian Buffer Area.  The applicant is seeking to reposition the siting of the dwelling as previously approved in the riparian buffer area as approved under a prior minor change approval. The change requested is to amend condition 3 such that the allowable maximum setback is 122m instead of 110m as currently conditioned. This is largely because the footprint of the dwelling was decreased with the last minor change approved. The proposed change to condition 3 will enable a row of existing mature trees to be retained on the site. Currently if the dwelling house was to comply with condition 3 these trees would need to be cleared to facilitate the approved house design/layout.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
background
A development approval for a Material Change of Use of Premises – Dwelling and Shed was approved 12 March 2015.  The shed was to be sited outside of the riparian buffer area and the dwelling partly within the riparian buffer area on the highest part of the site. The shed was constructed shortly after approval was granted, with the dwelling yet to be constructed.
A minor change was approved 14 April 2022 to amend the type of house to be constructed and include an updated Landscape rehabilitation plan.
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 it relates to an approved use and the changes are 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 original approval was issued under Noosa Plan 2006 and it is noted that the provisions and relevant overlays have remained unchanged with regard to this site with the commencement of Noosa Plan 2020.
Condition 3
The maximum setback to the most south eastern point of the building (including the pool) must not exceed 110 metres from the front boundary.
Applicant’s Request
As per the proposal section above.
Assessment of Request
The dwelling is not intruding any further into the riparian buffer than that currently approved. It is agreed as the footprint of the dwelling is smaller and the orientation has changed than that originally proposed, that condition 3 can be amended to the following:
The maximum setback to the most south eastern point of the building (including the pool) must not exceed 122 metres from the front boundary.

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. MCU14/0092.02 , to make a minor change to an existing approval for Development Permit for Material Change of Use of Premises – Dwelling and Shed situated at 3 Figbird Ct Lake Macdonald described as Lot 2 SP 266744, Council on 30 August 2022 decided to:
A.	Approve the change.
B.	Amend condition 3 to read as follows:
3.	The maximum setback to the most south eastern point of the building (including the pool) must not exceed 122 metres from the front boundary.

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