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Minor Change Report 132001 210327 1 · 132001.210327.1
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Cameron Smith
Development Assessment
APPLICATION DETAILS
Application No. 132001.210327.1
Development Approval Material Change of Use - Modification to existing dwelling in
Sand Dune Problem Area
Applicant Peter Gordon Flavel
C/- Pivotal Perspective
Request Received On 12 September 2024
Report Reviewed By Andrew Gaffney – 4 December 2024
Decision Due Date 4 December 2024
PROPERTY DETAILS
Property Address ‘The Beach Houses’ 2/27 Ross Cres Sunshine Beach
RP Description Lot 2 GTP 100987
Land Area 1,104m2
Existing Use of Land Dwelling House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Area Plan Coastal Communities
Overlays • Acid Sulfate Soils – Above 5m AHD
• Coastal Protection – Coastal Protection & Scenic
Amenity
• Landslide Hazard – Moderate Hazard Area
• Landslide Hazard – High Hazard Area
Assessment Type Minor Change to Development Approval
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1. PROPOSAL
The applicant seeks approval to change an existing development approval for a Material Change
of Use to modify an existing dwelling in Sand Dune Problem Area (known also as ‘SDPA’) at 2/27
Ross Crescent, Sunshine Beach (the ‘subject site’).
The applicant seeks to undertake building works altering the existing dwelling house to include:
• Demolition/Removal of the garage, minor internal areas within the main dwelling, guest
pavilion, external decking walkways, rear external stairwell, and dilapidated roof sections to
the rear (demolition works to be addresses as part of a separate Building Works permit);
• Inclusion of new detached buildings including a home office, detached guest room with
garage and living area;
• Extensions to rear pool deck areas and external entry stair to the front; and
• New roof portion to a dilapidated section at the rear of the main dwelling.
The main aspects of the proposed development that do not achieve compliance with the relevant
outcomes include:
• Rear setback of pool deck which proposes building to the boundary; and
• Side setback of the ‘family room’ for minor parts of the projection.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
Figure 3 – Ground Floor Plan
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Figure 4 – Guest Floor Plan
Figure 5 – Garage Floor Plan
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Figure 6 – Office Floor Plan
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Figure 7 – Elevations
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Page 7 of 17 Document Set ID: 23279545 Version: 5, Version Date: 09/12/2024 [OCR of page images] SECTION LEGEND 1 1 Somvonsen gl FAMILY ROOM canace ' I spose sts GARAGE LEVEL EXISTING DRIVEWAY 9, [eraser te ttt ~ ! worms jensure . sepRcow = EXISTING HOUSE EXISTING POOL DECK som ube SECTIONA et #100 SECTION LEGEND SECTION se 1100 a Page 7 of 17 Document Set ID: 23279545 Version: 5, Version Date: 09/12/2024
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Figure 8 – Sections
2. BACKGROUND
Relevant background information for the application includes the following:
• On the 7 January 1994, Council approved a Plan of Development for the 10 Dwelling Unit
Group Housing Development (The Beach Houses) which acts as a higher order approval.
• In 2001, Council approved extensions to the existing dwelling house for Lot 8 (22440DA).
• The site is currently being operated for holiday letting purposes under a Short Stay Letting
(local law) approval: SSL22/1074.
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:
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• 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 and retains its
existing land use being that of a dwelling house;
• 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 original application was lodged and assessed under the now superseded Town Planning
Scheme 1990. The Planning Act 2016 requires minor change applications to be assessed against
the planning scheme in effect at the time of the original application (Town Planning Scheme 1990),
however Council may give weight to the planning scheme in effect at the time of the minor change
application being lodged (Noosa Plan 2020).
The subject site was zoned Special Facilities (10 Group Title Houses as shown on Plan of
Development No. 16) and was within the Sand Dune Problem Area under Town Planning Scheme
1990. Under Noosa Plan 2020, the site is zoned Low Density Residential and is within the Coastal
Communities Local Plan area. A Dwelling House/Unit was a consent development (consistent use)
on this site under the original scheme and is a consistent use under the current planning scheme.
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Low Density Housing Code;
• Coastal Protection and Scenic Amenity Overlay Code.
Criteria Planning POD No.16 Proposal Complies
Scheme
Gross floor area 500m² max 400m2 max 330m²
Site cover 50%/30% or NA 38% 420m2 (Lower)
40% (birdseye)
<20% (Upper)
Soft landscaping < min 20% of NA >20%
site
Building height
2 storeys max 2 storeys max 2 storeys
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• storeys 8m 8m <8 metres
• metres
Boundary setbacks
• Frontage (West) 6.0m min 1.5m* 1.5m (POD)
• Side (North) 1.5/2/2.5m min 1.5m* (3.4m - 3.75m) 2.0m X
• Side (South) 1.5/2/2.5m min 1.5m* 2.5m
• Rear (East) 6.0m min 1.5m* 0m X (POD)
Length of wall 15m max NA <15m
Carparking 2 covered min 2 spaces min 2 covered spaces
* Setbacks in POD state min 1.5m or half the building height (whichever is greater).
Short-Stay Letting & Home Hosted Accommodation (Short-Term Accommodation)
AO3.2 Short-term accommodation:
a. does not constitute a party house;
b. makes available no more than one self contained dwelling at any one time;
c. noise does not unreasonably impact on the residential amenity enjoyed by the
adjoining or surrounding properties; and
d. makes available no more than five bedrooms.
Assessment
The subject site currently operates with interchangeable use rights for a dwelling house and short
stay letting (‘SSL’). The current SSL permits the use of 6 bedrooms total for a maximum of 12
persons. While the primary dwelling and the detached guest bedrooms total no more than 6
bedrooms the detached home office presents as a ‘self-contained’ building and has the potential
to not comply with AO3.2. as such will be conditioned and annotated appropriately to ensure he
home office does not form part of the permissible SSL usage. No assessment is required against
PO3 as the proposal can be conditioned to comply.
Scenic Amenity
AO20.1 To protect scenic amenity and other landscape qualities:
a. buildings and structures are not constructed on land with a slope greater than 33%;
and
b. buildings and structures are only constructed on steep slopes if:
i. there are no other suitable building sites on the property; and
ii. construction utilises suspended floors or pole footings rather than slab on ground
construction.
Assessment
The proposed dwelling house alterations/additions occur on parts of the site which are mapped
with contour relief (shown on the detailed survey plan provided by the applicant) that indicates a
slope greater than 33%. Further to this, the building works do not opt for elevated design and
instead rely on slab on ground construction. As such, assessment is required against the
performance outcome.
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Figure 9 – Sections showing buildings within steep slope including slab on ground design
PO20 - Development on sloping sites:
a. is visually responsive to the natural topography and sits within the landscape rather
than dominating it;
b. steps down slopes or uses suspended floor construction, minimising cut or fill and
avoiding benching of the site;
c. retains natural vegetation that assists in screening or visually softening development;
and
d. uses materials, finishes and colours that complement the natural setting and integrate
with the landscape and skyline.
Assessment
The proposed building works within the sloped topography over the subject site (proposing slab on
ground foundations) can comply with the Performance Outcome due to the following justification:
• the proposed dwelling house extensions and home office additions are predominantly
making use of existing buildings for removal and replacement of buildings which have
previously been assessed for visual responsiveness to the natural topography and continuity
with the landscape. All works remain under the building height limit of 8.0 metres and 2
storeys, in addition it is also proposed to maintain the majority of significant matured
vegetation around the periphery of the buildings;
• The proposed guest/family rooms and garage step down the slope while minimising cut or
fill and avoids significant benching of the site to avoid unnecessary amenity impacts;
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• The proposed development has opted to retain natural vegetation that assists in screening
or visually softening development; and
• the proposed development continues to use materials, finishes and colours that
complement the natural setting and integrate with the landscape and skyline.
Given the existing dwelling house use and the relatively small nature of the proposed development
in conjunction with the mature vegetation of the site the works are considered to comply with the
Performance Outcome.
Side Setback
POD - Building setbacks to the boundaries of the development site, Group Title Lot Boundaries &
Coastal Management Control District are to be a min of 1.5 metres or half the building height
whichever is the greater.
Assessment
The proposed development seeks relaxation along one of the side boundaries (northern boundary)
where the new proposed garage, family room and bedroom 5 are to be located. The applicant
proposes a 3.0 metre setback from the boundary to the outside wall on the lower and upper levels.
As the overall height of the guest room and family room projection on ‘Section A’ shows 7.5 metres
from natural ground to the top of the projection, the resulting side setback required under the POD
is 3.75 metres. Therefore, a portion of the upper level family room will not comply with the side set
back provision of the POD (refer Figure 10).
Figure 10 – Section view showing partial non-compliance with POD setback provisions
Noting the above, the scale of non-compliance is minor, as only approximately 1.5 metres of side
facade will require more than standard 3.0 metres of setback in the POD. There are two large
windows on the upper level, one is for the garage (which is non-habitable) and the other is a family
room. To avoid potential overlooking and privacy impacts the large window for the family room will
be conditioned to provide standard privacy provisions such as highset windows, translucent
treatments or screening measures (refer Figure 11).
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Figure 11 – Elevation view showing window to be conditioned to provide screening measures
Therefore, it is considered that the proposed development can reasonably comply with this side
setback as a partial relaxation to the POD.
Rear Setback/Coastal Building Lines
POD - Building setbacks to the boundaries of the development site, Group Title Lot Boundaries &
Coastal Management Control District are to be a min of 1.5 metres or half the building height
whichever is the greater.
Assessment
In this instance, the POD provision of 3.0 metres for the rear set back, supersedes the requirements
in the coastal management overlay code which requires setback of 6.0 metres. The proposed
development includes pool deck extensions which the applicant is proposing to build to the rear
boundary with a 0.0 metre setback.
The justification for this setback is largely predicated on the adjoining property to the north which
also has an apparent built to boundary rear setback.
Review of the approved building plans for the adjoining site and pool area confirms that the
property maintains a 1.5 metre boundary setback (refer Figure 12). Any further works within the
subject site would not be considered sympathetic to providing a comparable setback and visual
amenity buffer as supported under the POD if additional works were allowed to be located within
the setback.
Figure 12 – Plan view of adjoining property to the north with a rear setback approved for 1.5m (ref: 112008.730)
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This set back of 1.5 metres stipulated in the POD, is important to be able to maintain a small buffer
from any hard surfaces to the rear boundary which is a Coastal Management District Area reserve
as approved on the original POD. The built to boundary deck extension is not warranted given this
fact, and new native land scaping annotated on ‘Section A’, cannot reasonably be achieved without
meaningful set back of the deck extensions (refer Figure 13).
Figure 13 –Section A view showing ‘new native landscaping’ and deck extension interface
Therefore, amended plans will be conditioned to require a full 1.5 metre rear setback for the length
of the deck extension. Based on the setback being achieved, the proposed development can
reasonably comply with the POD provisions relating to the rear setback.
Condition 10
10. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered 0119.01 and 0119.02
prepared by Stephen Kidd Design and dated Oct 2001 and as may be amended by these
conditions.
Applicant’s Request
10. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered drawing no. 2000, 2001,
2002, 2003, 2004, 2005, 3000, 3001, 3002, 3003, 3004, 4000, 4001, 4002, 4003 rev DD5
and dated 02/09/24 prepared by Sealand Architects.
Assessment of Request
In assessing the applicants request council generally agrees with the request (with the exception
of the amended plans required) and proposes that condition 10 be amended as follows;
10. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Building Works*
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.
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RECOMMENDATION
With regard to Application No. 132001.210327.1, to make a minor change to an existing approval
for Material Change of Use - Modification to existing Dwelling in Sand Dune Problem Area situated
at ‘The Beach Houses’ 2/27 Ross Cres Sunshine Beach described as Lot 2 GTP 100987, Council
on 4 December 2024 decided to:
A. Approve the change.
B. Amend condition 10 to read as follows:
10. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Building Works*
Plan No. Rev. Plan/Document Name Date
2003 DD6 Guest Floor Plan 29.10.24
Prepared by Sealand Architects
2004 DD6 Garage Floor Plan 29.10.24
Prepared by Sealand Architects
2005 DD6 Office Floor Plan 29.10.24
Prepared by Sealand Architects
Annotated by Council
3000 DD6 East Elevation 29.10.24
Prepared by Sealand Architects
3001 DD6 West Elevation 29.10.24
Prepared by Sealand Architects
3002 DD6 North Elevation 29.10.24
Prepared by Sealand Architects
3003 DD6 South Elevation 29.10.24
Prepared by Sealand Architects
4000 DD6 Section A 29.10.24
Prepared by Sealand Architects
4001 DD6 Section B 29.10.24
Prepared by Sealand Architects
4002 DD6 Section C 29.10.24
Prepared by Sealand Architects
4003 DD6 Section C 29.10.24
Prepared by Sealand Architects
The following plans require amendment.
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Plan No. Rev. Plan/Document Name Date
2001 DD6 Site Plan 29.10.24
Prepared by Sealand Architects
Amendments Amend the site plan to provide a minimum 1.5m setback from the
pool deck extension to the rear boundary. This setback is required to
remain in character with surrounding (approved) development and
create a minimum buffer for ‘New Native Landscaping’ referenced on
Section A Dwg. 4000 Rev. DD6.
Plan No. Rev. Plan/Document Name Date
2002 DD6 Ground Floor Plan 29.10.24
Prepared by Sealand Architects
Amendments Amend the site plan to provide a minimum 1.5m setback from the
pool deck extension to the rear boundary. This setback is required to
remain in character with surrounding (approved) development and
create a minimum buffer for ‘New Native Landscaping’ referenced on
Section A Dwg. 4000 Rev. DD6.
C. Include the following additional conditions:
Nature and Extent of Approved Use
13. The home office must not be used for or made available to any Short-Stay Letting or Visitor
Accommodation uses (short-term accommodation) and must only be used as ancillary to the
Dwelling House use as defined in the Noosa Plan 2020.
Protection of Privacy
14. To ensure privacy is protected between adjoining properties, the window located on the
upper-level (northern) building face identified as ‘Family Room’ adjoining the garage of the
dwelling must either:
a. have a minimum window sill height or 1.75 metres above floor level; or
b. be fitted with translucent glazing; or
c. be fitted with a fixed external screen.
E. Include the following additional reference documents:
Plan Rev. Plan/Document Name Date
No.
240572 A Report on Geotechnical Investigation 29 August
2024
Prepared by Arcos Group
240572 0 Stormwater Management Plan 28 August
2024
Prepared by Arcos Group
2000 DD6 Site Demolition Plan 29.10.24
Prepared by Sealand Architects
2000-1 DD6 Ground Floor Demolition Plan 29.10.24
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Prepared by Sealand Architects
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