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Minor Change Report 51987 3004 01 [As Published] · 51987.3004.01

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



                    APPLICATION DETAILS

                    Application No.                  51987.3004.01

                    Development Approval             Town Planning Consent Permit 1864

                    Applicant                        Mr John B Prescott

                    Request Received On              18 October 2022

                    Report Reviewed By               Tara Norley – 7 March 2023

                    Report completed Date            6 March 2023


                    PROPERTY DETAILS

                    Property Address                 6 Park Rd Noosa Heads Qld 4567

                    RP Description                   Lot 57 RP 230895

                    Land Area                        1023m2

                    Existing Use of Land             Dwelling


                    STATUTORY DETAILS

                    SEQRP Designation                Urban Footprint

                    Zone                             Low Density Residential

                    Precinct                         Not applicable

                    Local Area Plan                  Noosa Heads

                    Overlays                         Landslide Hazard - Moderate

                    Assessment Type                  Minor Change to Town Planning Consent Permit



               1.      PROPOSAL
               The applicant seeks approval to change to an existing Town Planning Consent permit to replace
               existing structures which are failing due to age and tree root intrusion, and are detailed as follows.
                •    Replacing stairs, balustrade and associated slabs and retaining walls between the two
                     dwelling pods;
                •    Replacing retaining walls at the rear of the dwelling; and

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                •   Replacing a deck at the rear of the dwelling.
                The changes also require the removal of vegetation (approximately 20 trees) recognised in the
                approved landscaping plans. The trees identified for removal are located in close proximity to
                existing retaining walls and are compromising their structural integrity. These trees will be replaced
                with more suitable varieties. Additionally, a large pandanus at the front of the site will require
                trimming to provide crane access to complete the work.
               The locality and proposal plan are included below.




                                                          Figure 1 – Locality




                                                         Figure 2 – Site Plan




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                                                     Figure 3 – Floor Plan




                                                     Figure 4 – Elevations

               2.     BACKGROUND
               On 28th May 1987, Council, at its Ordinary Meeting, decided to approve a Town Planning Consent
               – TPC 1864 (Dwelling in Sand Dune problem area).
               On 16th June 1987, Council decided to approve a minor modification to the approval.


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               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:
               •      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 as the changes
                      relate to structures associated with an approved dwelling;
               •      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 following codes from the Noosa Plan 2020 are applicable to this development:
               •      Low Density Residential Zone Code;
               •      Low Density Housing Code;
               •      Landslide Hazard Overlay Code.
               The changes relate to existing approved stairs and retaining walls associated with the approved
               dwelling. The changes also require the removal of vegetation recognised in the approved
               landscaping plans.
               From a planning viewpoint, the request for minor change relates to replacing existing structures in
               their current location which were previously approved. There are no issues with regard to this.
               However, this necessitates the removal of mature vegetation. Development Assessments Senior
               Environment officer, Development Planner and Consultant Arborist conducted a site inspection to
               review the proposal in conjunction with the removal of the trees. The assessment of this application
               is centred around the removal of the vegetation given the sites prominence to Main Beach and its
               location on Noosa Hill. This assessment is as follows:
               The application is for vegetation removal around the existing dwelling to allow for the reconstruction
               of failing infrastructure (timber retaining walls and stairs).
               Vegetation to be removed consists of planted landscape vegetation, most likely from the original
               dwelling construction, as well as natural regeneration of species at the rear of the dwelling between
               the two retaining walls.
               Extensive engineering works are proposed to be undertaken at the rear of the property to replace
               retaining walls protecting the house. Due to the scope of works, vegetation within this work area
               would be difficult to retain safely, and a reasonable outcome would be to revegetate (with more
               suitable species) the areas of disturbance once works are complete. Replacement landscaping is
               considered suitable to stabilise and soften the built form. This area is less critical as it cannot be
               seen from Park Road due to it being behind the dwelling.

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               Vegetation between Lots 6 and 8 is proposed to be removed to allow for crane access to place
               materials at the north eastern corner of the site. These trees were inspected during a site inspection

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               and were considered to be causing damage to retaining walls proposed for replacement. This area
               will have the most impact on the screening of the development, however the applicant has provided
               a revised landscape plan that provides suitably sized species in 100 litre pots (6-10 metres in
               height) as replacement landscape. This area over time will be softened by the new landscape.
               The hedge to be removed at the front of the building is required to facilitate the replacement of a
               failing timber retaining wall. Species provided as replacements are considered suitable to provide
               long term screening of the area. Pot sizes chosen for this species is 400 litres, which should assist
               in providing some instant softening at the time of planting.
               Works to prune the pandanus adjacent the driveway is considered reasonable to allow for
               unimpeded access to crane in materials to the work site.
               It is recommended to include additional conditions 37- 45 relating to the proposed works and 3
               advisory notes.


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •    Senior Environment Officer
               The Senior Environment Officer conducted a site inspection with the Development Planner and a
               Consultant Arborist. A number of additional conditions are recommended for inclusion.
               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.
               RECOMMENDATION
               With regard to Application No. 51987.3004.01, to make a minor change to an existing approval for
               Town Planning consent for a Dwelling situated at 6 Park Rd Noosa Heads described as Lot 57 RP
               230895, Council on 6 March 2023 decided to:
               A.     Approve the change.
               B.     Include the following additional conditions:
                              Retaining wall and stair replacement (21/02/2023)
                              Approved Plans and Report
                      37.     Development authorised by this approval must be undertaken generally in accordance
                              with the Approved Plans listed in the table below.

                                 Plan No.   Rev.        Plan/Document Name                                   Date

                                 01         A           Landscape Plan by Arbor Active                       Jan 2023

                                 01         A           Landscape Plan by Arbor Active                       Jan 2023

                                 22146697   Version 1   Tree Management Report by Arbor Active               14/09/2022

                                 A001       1           Site Plan, prepared by Kings Lane Architects         28.07.2022



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                                   A100        1           Proposed Floor Plan, prepared by Kings Lane Architects    28.07.2022

                                   A500        1           Construction Details, prepared by Kings Lane Architects   28.07.2022

                                   A800        1           Fittings & Finishes, prepared by Kings Lane Architects    28.07.2022

                              Landscaping Works
                      38.     The development site must be landscaped. All works must be constructed and work
                              procedure undertaken, in accordance with:
                              a.       The approved plans/documents and conditions detailed in Condition 37 of this
                                       Decision Notice.
                              b.       All relevant Council Planning Scheme Policies, standard drawings, standard
                                       specifications and guidelines.
                      39.     All landscape works must be established and maintained in accordance with the
                              approved design for the life of the development, and in a manner that ensures healthy,
                              sustained and vigorous plant growth. All plant material must be allowed to grow to full
                              form and be refurbished when its life expectancy is reached.
                      40.     Landscape works must be supervised, undertaken and certified by qualified persons*.
                              All works must be completed in accordance with this Decision Notice.
                              (* Refer to Advisory Note)
                      41.     Where damage occurs to any Council asset as a result of the development works, it
                              must be repaired immediately where it creates a hazard that presents risk to person or
                              property. Other damage must be repaired prior to completion of works.

                              Retention of Existing Trees and Vegetation
                      42.     A qualified person * must be engaged for the duration of the works to:
                              a.       Ensure works are carried out in accordance with the approved Arborist Report
                              b.       Oversee installation of all tree protection fencing prior to commencement of any
                                       works onsite (including any clearing).
                              c.       Supervise tree protection within the development site and frontages, prior to,
                                       during and following construction in accordance with AS 4970, Protection of trees
                                       on development sites.
                              d.       Oversee approved tree removal in proximity to retained trees.
                              e.       Undertake a risk assessment of all trees within striking distance of the
                                       development works and site and carry out hazard removal and amenity pruning
                                       in accordance with AS 4373, Pruning of amenity trees.
                              *(Refer to Advisory Note)

                              Fauna Management
                      43.     A qualified person* must be engaged to manage fauna prior and during clearing to:
                              a.       Ensure works are carried out in accordance with the Nature Conservation Act
                                       1992.
                              b.       Undertake pre-clearing inspections including fauna relocation and removal or
                                       blocking of all vacant hollows.
                              c.       Ensure clearing works avoids nesting times of animals and birds.
                              d.       Co-ordinate staging and sequence of clearing with fauna protection.
                              e.       Protect and recover fauna during clearing operations (not previously removed).
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                              f.       Manage the translocation of animals and recovery procedures in accordance with
                                       relevant legislation.
                              *(Refer to Advisory Note)
                              Removal of Existing Trees and Vegetation
                      44.     Removal of existing trees and vegetation must be undertaken by a qualified person*
                              and must include:
                              a.       No damage to other vegetation for retention.
                              b.       Legal disposal of all removed vegetation and debris.
                              *(Refer to Advisory Note)
                              Certification
                      45.     Certification must be submitted to Council from a qualified person* which certifies that
                              the landscape work has been constructed in accordance with the conditions of this
                              Decision Notice.
                              *(Refer to Advisory Note)


               C.     Include the following advisory notes:
                              ADVISORY NOTES
                              Retention of Existing Trees
                      1.      The existing trees on adjoining properties must be retained and protected during
                              construction wherever achievable. To avoid doubt, this advisory note is not intended to
                              exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011
                              following construction of the development which is the subject of this development
                              approval.
                              Removal of Existing Trees and Vegetation
                      2.      Stockpiling mulch to the appropriate volume and separation is required for fire
                              mitigation as well as optimum weed seed sterilisation.
                              Qualified Person
                      3.      Qualified Person, for the purpose of:
                              a.       Supervising landscape works and preparing a landscape certification, is
                                       considered to be a landscape architect, landscape designer or horticulturist with
                                       a minimum of three years current experience in the field of landscape design.
                              b.       Undertaking landscape construction and establishment works is considered to
                                       be a person with five years current experience in commercial landscape
                                       construction projects.
                              c.       Undertaking, supervising tree works and preparing arboriculture certification, is
                                       considered to be a person with a minimum three years current experience in tree
                                       protection, hazard identification/mitigation and AS2303 Tree stock for landscape
                                       use assessment and either:
                                       i.    International Society of Arboriculture (ISA) certification; or
                                       ii.   A Diploma of Arboriculture.
                              d.       Managing Fauna protection, preparing Fauna reporting and certification and
                                       calculating compensatory habitat, is considered to be an Ecologist or
                                       Environmental Scientist with a minimum of three years current experience in the
                                       field of fauna assessment and management.


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Document Set ID: 22307808
Version: 5, Version Date: 13/03/2023

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