Minor Change Report 132002.220125.2

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Nadine Gorton Development Planner
Development Assessment

APPLICATION DETAILS
Application No.	132002.220125.2
Development Approval	22709 Duplex Dwelling
Applicant	Melanie Maryke Pilon
Request Received On	24 March 2022
Report Reviewed By	Patrick Murphy
Decision Due Date	11 May 2022

PROPERTY DETAILS
Property Address	2/22 Elizabeth St Noosaville Qld 4566
RP Description	Lot 2 SP 151420
Land Area	278m2 (lot 2) (total site 665m2)
Existing Use of Land	Duplex Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Area Plan	Noosaville Local Plan
Overlays	Acid Sulfate Soils Overlay Flood Hazard Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval and enclose an existing carport on site. Carport (unit 2) has already been enclosed and the application seeks a retrospective approval.  The applicant therefore seeks a change to the approved plans for the site to reflect the enclosed carport.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – photograph of enclosed carport

background
A development approval for a Duplex Dwelling was approved on 6th June 2002 subject to conditions.
A minor change application was approved on 4th September 2003 which altered the carparking layout and approved one double garage, a single garage and an open- air carport as well as some internal alterations and changes to the pool of Unit 2.
An appeal against a number of engineering matters was lodged in July 2004 and subsequently settled in 2006.
In August 2009, a Building Application to enclose the existing carport was approved by Noosa Building Certifiers. No planning approval for the works was applied for or issued 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; 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 use and built form remains the same;
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;
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Noosaville Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
The proposed enclosure of the carport has been reviewed against the above Codes and is considered to be consistent with the relevant requirements. The proposed enclosure maintains the space for carparking and does not affect site cover or gross floor area requirements.
The planning scheme has altered since the original approval and requirements have been included in relation to garages and carports as detailed below.

The proposed enclosure of the carport results in multiple garages facing the street however the design is considered appropriate due to:
Landscaping is provided to the street frontage in front of the garages;
The garages are staggered;
The garages of the two units have a different roof line;
The imposition of a garage door to the carport does not dramatically change the façade.
The photograph below illustrates the presentation of the garages and enclosed carport (far right) to the street. The proposed enclosure of the carport is not considered to detrimentally impact on the streetscape or adjoining units as it is located under the existing roof line and behind a landscaped and fenced area.

Figure 4 – streetscape presentation
The application requires amendment to Additional Condition 4 which states:
A minimum of 4 covered carpark spaces shall be provided on site. Car park spaces shall comply with AS2890.1-1993. In particular, the widths of Garage 1, Garage 1 door and the carport detailed in Drawing No 0315WD01B shall be increased to comply with AS2890.1-1193
The condition is recommended to amended to reflect the enclosure of the carport as follows:
4. A minimum of 4 covered carpark spaces shall be provided on site. Carpark spaces shall comply with AS 2890.1-1993 and be in accordance with Plan 1303SK01A drawn March 2013 by Peter Hull Architect as amended.
It is noted that the 2003 change application included additional conditions that were not numbered sequentially. The recommendation details that Additional Conditions 1 to 5 be renumbered to be sequential and numbered 30 to 34.
The application is supported.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
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. 132002.220125.2 (22709 DA), to make a minor change to an existing approval for Duplex Dwelling situated at 2/22 Elizabeth St Noosaville described as Lot 2  SP151420, Council on 11 May 2022 decided to:
A.	Approve the change.
B. 	Renumber Additional Conditions 1 to 5 to 30 to 34.
C.	Delete Additional Condition 32 (previously Additional Condition 3).
C.	Amend Additional Condition 33 (previously Additional Condition 4) to read as follows:
33. A minimum of 4 covered carpark spaces shall be provided on site. Carpark spaces shall comply with AS 2890.1-1993 and be in accordance with Plan 1303SK01A drawn March 2013 by Peter Hull Architect as amended.

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Garages and Carports

PO1S

Garages, garage doors and carports do not dominate the street or
the building design.

 

AO15.1
Garage doors that face the street are no more than 6 metres in
width or 50% of the frontage, whichever is the lesser.

AO015.2

Where multiple garages face the street, they are separated by a
minimum of 2 metres or are staggered in setback by a minimum of
1 metre.

A015.3
Garages that are visible from the street, but do not face the street,
include a landscaped setback to the street and provide articulation,

windows or a mix of materials to provide interest to the garage
facade