Minor Change Report MCU16 0120.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Wilhelm Koschade
APPLICATION DETAILS
Application No.	MCU16/0120.01
Development Approval	Development Permit for Material Change of Use of Premises - Detached house
Applicant	Kim Alice Monahan and Robert Duncan Monahan
Request Received On	5 June 2018

PROPERTY DETAILS
Property Address	Noosa Dunes 27/512 David Low Way Castaways Beach Qld 4567
RP Description	Lot 27 SP 111721 No related Land
Land Area	669 Square Metres
Existing Use of Land	Detached Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing Zone
Assessment Type	Minor Change to Development Approval
PROPOSAL
The applicant seeks approval to change to an existing development approval. A Development Permit was issued for a Detached Dwelling which has since been constructed. Conditions of approval were included on the permit with respect to building height which read as follows:
Building Height
5.	The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
6.	Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice
The development has been completed. It was discovered that the dwelling exceeds the maximum building height requirements of the approval. The as-constructed plans indicate a maximum building height of 8.33m above the natural ground level. The height encroachment is limited to the roof form (parapet) of the dwelling on the steepest portion of the land (south-eastern corner). The extent of the encroachment is shown below.

background
A development approval for a Detached Dwelling was issued on 2 November 2016.
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:
Not Applicable

The application has been assessed against the provisions of the Plan of Development 67 on plan ACA-1, Zoning Map ZM4a is assessed in the table below:
Plan of Development No.65 requirements	Assessment of Compliance
Buildings shall be constructed in the envelopes as shown on the POD Setbacks 6m  to west boundary (frontage) 2m to south and northern boundaries 6m  to the east boundary (rear)	The proposal complies with the setbacks required by the POD having a front setback of 6.0m and the balance of the building within the building envelope.
Maximum Building Height 2 storeys 8m or: maximum roof level as shown on POD whichever is the lesser height	x Not Applicable
Maximum Building levels 3 levels	The dwelling complies with the maximum building levels.
Site Coverage maximum of 40%	The proposal plans indicate a site cover of 39%.
Maximum dwelling unit floor area 350m² (including garage space) and one managers office of 40m².	The proposal plans indicate a gross floor area of 355m².
The applicant has provided a storm water management plan and a slope stability report. A condition will be included to ensure development is undertaken in accordance with both reports.
Building Height
Approval is sought for a building height of 8.33m in lieu of 8.0m as per the requirements of the Decision Notice. The dwelling has been constructed and a small portion of the south-eastern parapet exceeds the building height. Body corporate consent has been obtained and submitted as additional material accompanying the application.

The encroachment is minimal a limited to a small portion of the parapet at the steepest slope on the site. The encroachment does not impact on the amenity of adjoining and nearby residential uses and does not result in the development presenting an appearance of bulk to the southern neighbor. The proposed change to the conditions are recommended for approval as per the applicant’s request.
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;
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.
RECOMMENDATION
With regard to Application No. MCU16/0120.01, to make a minor change to an existing approval for a Detached Dwelling situated at Noosa Dunes 27/512 David Low Way Castaways Beach Qld 4567  described as Lot 27 SP 111721, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Amend conditions 2 and 5 to read as follows:
Approved Plans
2.	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 unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
WD.201		Lower Level Plan, prepared by Aboda Design Group	19/05/18
WD.202		Main Level Plan, prepared by Aboda Design Group	19/05/18
WD.203		Upper Level Plan, prepared by Aboda Design Group	19/05/18
WD.204		Roof Plan, prepared by Aboda Design Group	19/05/18
WD.501		Elevations, prepared by Aboda Design Group	19/05/18
WD.502		Elevations, prepared by Aboda Design Group	19/05/18
WD.503		Elevations, prepared by Aboda Design Group	19/05/18
WD.504		South Elevation, prepared by Aboda Design Group	19/05/18
-	A	Landscape Plan (Sheet 4 of 9), prepared by Outside Noosa	07/09/2016
-	A	Landscape Plan (Sheet 5 of 9), prepared by Outside Noosa	07/09/2016
Building Height
5.	The maximum height of the development must not exceed 8.33 metres above the finished ground level and the natural ground surface and 2 storeys.

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NORTH EAST ELEVATIO EAST ELEVATION

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EXTENT OF eM HEIGHT INTRUSION
‘ABOVE NATURAL GROUND LEVEL