Minor Change Council Report 51997.2283.03

51997.2283.03 - minor change to an existing approval for (Multiple Dwellings) at 6/80-86 Hilton Tce Noosaville

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development Department

Index	ECM / Applications/ 51997.2283.03

Attachments	1. 	Proposal plans

APPLICATION DETAILS
Application No.	51997.2283.03
Development Approval	Minor Change to Material Change of Use for Multiple Dwelling Units
Applicant	Balaclava Park Pty Ltd
Request Received On	23 September 2021

PROPERTY DETAILS
Property Address	Hilton Park 6/80-86 Hilton Tce Noosaville
RP Description	Lot 6 SP 120741
Land Area	4035 m² (2146m2 relating to approval site size)
Existing Use of Land	Multiple Dwelling Units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Medium Density Residential
Assessment Type	Minor Change to Development Approval
EXECUTIVE SUMMARY
The applicant is seeking retrospective approval for an extension to Unit 6 to increase the site cover and gross floor area of that previously approved. The changes result in an additional 15m2 of gross floor area and additional site cover of 12m2 across the site.
The application has been recommended for refusal due to non-compliance with the Noosa Plan requirements for building bulk with the existing building already exceeding the scale of surrounding buildings.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 9 November 2021 regarding Application No. 51997.2283.03 to make a minor change to an existing approval for Multiple Dwellings at 6/80-86 Hilton Tce Noosaville and:
A.	Refuse the change for the following reasons:
The proposal does not comply with Overall Outcome 2 ( c), Performance outcomes PO9, PO 10 & PO11 of the Medium Density Zone code in Noosa Plan 2020 and will result in:
Increased bulk and scale for a development that already exceeds the scale of other development in the area;
A decrease of private open space for Unit 6, and
A reduction in the extent of landscape area provided for the site.
The proposal is contrary to the Overall and Performance Outcomes of the Dual Occupancy and Multiple Dwelling Code in Noosa Plan 2020 as:
The existing building is of a bulk and scale that is not consistent with the character existing and sought for the area and the proposed changes will contribute additional bulk and scale; and
The proposed changes will reduce the private open space of Unit 6 and the extent of landscape area on site.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval to change an existing development approval for a Multiple Dwelling Unit development for 6 dwelling units. It is proposed to amend Unit 6 by enclosing part of an existing balcony, extending a bathroom and bedroom into an existing internal courtyard. The changes result in an additional 15m2 of gross floor area and additional site cover across the site. The applicant is seeking retrospective approval, as the works have been completed. Refer Figure 1 for the Locality and Figures 2 & 3 for the proposal plans.

Figure 1 – Locality and subject Unit 6

Figure 2 – extension into patio area

Figure 3 – areas shaded in pink show extension of Unit 6 – some areas contributing to additional GFA
background
A development approval over Lot 1 RP104599 & Lot 2 MCH3930 (11876TC – 51997.2283) for a Material Change of Use (Multiple Dwelling Units x 6- Building B) was approved in 1998. Unit 6 is part of this approval.
A development approval over Lot 2 RP32784 (12530TC – 51997.2397) for a Material Change of Use (Multiple Dwelling Units x 4- Building A) was approved in 1998.
The above development approvals approved in 1998, related to 3 separate lots at that time. These lots were then amalgamated to form Lot 3 SP110328. The survey plan reflects the built form – 10 units and common property.
In 1998 a Building approval was issued for 10 units (combining the 2 planning approvals above). It is noted that the gross floor area (GFA) specified on the building plans is slightly different from that stipulated in the planning approvals. The GFA was 1029.4m2 (1031.5m2 max permitted) and site cover 730.9m2 (34%) for Lot 1 RP104599 & Lot 2 MCH3930 (amalgamated since). For Lot 2 RP32784 the GFA was 899.2m2 (900m2 max permitted) and site cover 593.1 m2 (33%). This was calculated from building plans over lot sizes 2149m2 & 1877m2 respectively. The maximum permissible site cover under the planning scheme at that time was 40%.
An approval for Operational works was approved in 2008 for a pontoon.
On 28 October 2016 a Generally in Accordance request was issued for Unit 2 (12530TC – approval for 4 units) that supported some internal reconfiguring of the unit and additional floor space (approximately 15m2), which included a part enclosure of the balcony, and extension to the bathroom into the courtyard area.  This proposal brought the gross floor area total for the entire site to 1872m2, which was over and above what was allowed for the site.
On 8 October 2020, an application for a minor change was refused for changes to Unit 6 to include additional gross floor area of 15m2, which are the changes outlined in this report. The applicant incorrectly appealed the decision to the Development Tribunal, which the Tribunal eventually confirmed. This application is under the Planning and Environment Court jurisdiction, not the Building Tribunal. The applicant decided to not proceed with an appeal with the Planning and Environment court, instead choosing to lodge another application for consideration by Council.
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:
Noosaville Local Plan Code;
Medium Density Residential Code;
Medium Density Zone 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 the proposal is minor in nature due to a small increase of GFA and site cover relating to an approved 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
Under the Noosa Plan 2020, the site is zoned medium density residential and is intended to be developed for dual occupancy and multiple dwellings in a range of dwelling sizes and styles. The proposed changes relate to approval number 11876 TC as it affects Unit 6. The proposal seeks to change Condition 27 to reflect the new plans for Unit 6.
Condition 27
Submission to and approval by Council of building plans in accordance with the Building Act, Council’s By-laws and Policies, the conditions of this approval and substantially in accordance with plans 9714 SK10-12 drawn by Frank Macchia Architect and dated March 1998 and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.
Applicant’s Request
The applicant has submitted plans that results in extensions to Unit 6 as described in the proposal section of this report which contribute to additional site cover and gross floor area.
Assessment of Request
Table 1 below compares what has been previously approved, the proposal and what was permitted under the scheme at the time of the approval and the Noosa Plan 2020 gross floor area and site cover requirements.
	Proposal	1990 Planning Scheme	Complies	Noosa Plan 2020	Complies
Gross Floor Area	1005m2	1028m2		0.4:1 858.4m2	x
Site Cover	40.5%	40%	x	40%	x
Table 1 – relevant approval relating to approval for 6 units

Table 2 considers both approvals across the entire site (4035m2) and establishes that although the proposal does comply with the gross floor area provisions for the 1990 Planning scheme, it does not comply with Noosa Plan 2020.
	Proposal (inc. all previous approvals)	1990 Planning Scheme	Complies	Noosa Plan 2020	Complies
Gross Floor Area	1902m2	1928.48m2		0.4:1 1614m2	x
Site cover	870m2 37.14%	(40%)		40%	
Table 2 – entire site – 2 planning approvals
6.3.2.2 (c)	Development makes a positive contribution to the look and feel of residential neighbourhoods by maintaining a low scale character with well designed buildings and landscaping that enhance the streetscape.
PO9	Development:
is of scale compatible with surrounding development and the particular circumstances of the site; and
does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site.
PO10 Site cover of development:
does not exceed 40% of the site area; or
for small dwellings or for development which provides a ratio of at least 3 small dwellings to one other dwelling, does not exceed 45% of the site area.
PO11	 Plot ratio of development:
does not exceed 0.4:1; or
for small dwellings or for development which provides a ratio of at least 3 small dwellings to one other dwelling, does not exceed 0.5:1.
The proposal includes enclosure of an existing courtyard and landscape area which reduces outdoor open space area for Unit 6 and in turn increases the buildings footprint, increasing the bulk and scale of the development. It is noted that the existing building is significantly larger when compared with other buildings in the Medium Density residential zone in the general vicinity of the site. Refer to Figure 4 – Buildings in the Medium Density residential zone with respect to the site.

Figure 4 – Buildings in the Medium Density residential zone with respect to the site
The intent of the Medium Density residential zone is to maintain the small scale character of buildings, and increasing the footprint of existing buildings where no allowable gross floor area and site cover is available for the site, is not supported.
cONSULTATION
Not applicable.
conclusion & reasons for decision
The proposed change to the development results in additional GFA and site cover which increases the bulk and scale of the development greater than what Noosa Plan 2020 envisages and is therefore not supported.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 NOVEMBER 2021

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