Minor Change Report 132002.220608.1

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Assistant Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	132002.220608.1
Development Approval	Material Change of Use and Lot Reconfiguration for 33 Dwelling Houses & Open Space and 33 Residential Allotments plus park (23116 DA)
Applicant	Carol Ann Smith
Request Received On	3 July 2021
Report Reviewed By	Lisa Pienaar – 31 August 2021
Decision Due Date	31 August 2021

PROPERTY DETAILS
Property Address	11 Banksia Ave Noosa Heads Qld
RP Description	Lot 10 SP 188268
Land Area	1471.06m2
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential Zone Code
Precinct	Not applicable
Local Area Plan	Noosa Heads
Overlays	Acid Sulfate Soils Overlay Biodiversity, Waterways and Wetlands Overlay Bushfire Hazard Overlay Landslide Hazard Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for a Material Change of Use and Lot Reconfiguration for 33 Dwelling Houses & Open Space and 33 Residential Allotments plus park (23116 DA). The applicant proposes to amend Condition 15.1 which removes the requirement for mosquito proof gauze on windows and doors for Lot 10 only. Lot 10 is the only lot not yet developed within the subdivision.background
A development approval for a Material Change of Use and Lot Reconfiguration for 33 Dwelling Houses & Open Space and 33 Residential Allotments plus park (23116 DA) was approved on 27 November 2003.  A negotiated decision notice was subsequently issued 12 August 2004.
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 changes are minor in nature and do not affect bulk and scale of the 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 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:
Low Density Residential Zone Code;
Noosa Heads Local Plan Code;
Low Density Housing Code;
Works Codes;
Biodiversity, Waterways and Wetlands Overlay Code.
Condition 15.1
All windows and doors of any dwelling constructed on the land shall be screened with mosquito-proof gauze not coarser than 1mm aperture to prevent the ingress of mosquitoes and midges.

Applicant’s Request
The applicant requests that Condition 15.1 of the development be amended to exempt Lot 10 from this condition on the following basis:
The current Noosa Plan 2020 does not have any requirements for a new dwelling house when it comes to mosquitoes/midges;
In line with this, there is nothing preventing a new dwelling house being built on one of the 33 approved lots without the need for any mosquito-proof gauze under the current Noosa Plan 2020;
There is only one dwelling house, it is important to note that a qualified bushfire consultant has identified it will need to comply with BAL-40 requirements with the only appropriate bushfire screen which meets these requirements being one with an aperture of 1.6mm;
Since the original development approval was issued back in 2003, Council have introduced a number of other mechanisms to mange mosquito/midges across the Noosa region i.e. ground and aerial treatments of methoprene and BTI;
There are also a number of design elements incorporated into the proposed dwelling house at 11 Banksia Avenue which will minimise mosquitos/midges i.e. internal fans to promote air movement and skylights, fixed windows, etc. to avoid dark, damp areas.
Upon request to clarify whether the applicant proposes to remove the mosquito screen entirely or seeking a thicker screen in accordance with the recommendation of the bushfire consultant, the applicant provided the following response.
As screening is already required form a bushfire management perspective, we respectfully request that the requirement for mosquito screening be removed completely as it is an unnecessary to double up.
Assessment of Request
As per the applicant’s response to clarify their request, the dwelling house will contain a mosquito screen in accordance with the bushfire consultant’s recommendation. It is unreasonable to require the applicant to install 2 screens on doors and windows, and as such, it is recommended to amend Condition 15.1 to read as follows:
Condition 15.1
With the exception of Lot 10 SP188268, all windows and doors of any dwelling constructed on the land shall be screened with mosquito-proof gauze not coarser than 1mm aperture to prevent the ingress of mosquitoes and midges.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
& 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. 132002.220608.1, to make a minor change to an existing approval for 132002.220608 situated at 11 Banksia Ave Noosa Heads described as, Lot 10 SP 188268, Council on 31 August 2021 decided to:
A.	Approve the change.
B.	Agree to amend condition 15.1 to read as follows.
Condition 15.1
With the exception of Lot 10 SP188268, all windows and doors of any dwelling constructed on the land shall be screened with mosquito-proof gauze not coarser than 1mm aperture to prevent the ingress of mosquitoes and midges.

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