Minor Change Report 51981.3400.04

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Blake Coulston
Development Assessment

APPLICATION DETAILS
Application No.	51981.3400.04
Development Approval	Multiple dwellings (3 units)
Applicant	Pacific BCQ
Request Received On	9 December 2020

PROPERTY DETAILS
Property Address	Anse Vata 54 Park Rd Noosa Heads Qld 4567 Anse Vata 2/54 Park Rd Noosa Heads Qld 4567
RP Description	BUP 6736
Land Area	569m2
Existing Use of Land	Multiple Dwelling Units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Medium Density Residential Zone
Overlays	Not Applicable
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval by enclosing a balcony area to unit 2: this results in an increase to the GFA / Plot ratio of the multiple dwelling units.

Figure 1 – Proposed floor Plan

background
A development approval for a 51981.3400 was issued on February 1982 for three dwelling units. In November 2005, a minor change application was approved for an addition of a lift.
On the 9th of August 2010, a minor change application was approved to enclose the balcony of Unit 1 increasing the plot ratio of the multiple dwelling units.
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:
Medium Density Residential Zone Code
Dual Occupancy and Multiple Dwelling Units Code
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 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 proposed change seeks to refurbish part of Unit 2 to the extent that the existing balcony will be enclosed and added as room space to the adjoining bedroom.
Approvals	Allowable GFA	Proposed GFA
Original Approval	Not a requirement	465m2
Minor Change (2010)	0.4:1 (228m2)	472m2
Proposal	0.4:1 (228m2)	478m2

At the time of the original approval the Queensland Government Gazette 1973 (the active planning scheme of the original approval) was in effect. There was no prescribed gross floor amount requirement for multiple dwelling units, there was a requirement that site cover of the building was not to exceed 50%.
The AO11 of the Medium Density Residential Zone Code stipulates that the plot ratio of the building should not exceed 0.4:1. The Performance outcome also states that plot ratio of development does not exceed 0.4:1. The existing building exceeds the required amount quite substantially already. As the building is currently beyond the prescribed plot ratio amount, Council cannot support anymore increases to GFA.
The proposed design will increase the external bulk of the building and reduce the amount of private open space for Unit 2.

Figure 2 – Site Photo (1 of 3)

Figure 2 – Site Photo (2 of 3)

Figure 4 – Site Photo (3 of 3)

cONSULTATION
Referral Agencies
Not Applicable
Other Referrals
Not Applicable
conclusion & reasons for decision
The minor change application does not meet AO11 of the Medium Density Residential zone code and does not meet the PO11 of the Medium Density Residential Zone Code. As the development is already significantly beyond the required plot ratio, Council cannot support any more increases to GFA for the building.
RECOMMENDATION
With regard to Application No. 51981.3400.04, to make a minor change to an existing approval for Multiple Dwelling Units situated at Anse Vata 2/54 Park Rd Noosa Heads Qld 4567Anse Vata 54 Park Rd Noosa Heads Qld 4567 described as Lot 0 BUP 6736, Council on decided to:
Refuse to make the change for the following reasons:
The proposal does not comply with Performance Outcomes PO9 and PO11 of the Medium Density Zone code in the Noosa Plan 2020 and:
Will result in increased bulk and scale;
The proposal is contrary to the Overall and Performance Outcomes of the Dual Occupancy and Multiple Dwelling Code in Noosa Plan 2020 as:
The existing building is of a bulk and scale that is not consistent with the character existing and sought for the area and the proposed changes will contribute additional bulk and scale; and
The proposed changes will reduce the private open space of Unit 2.

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