Minor Change Report MCU16 0043.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU16/0043.01
Development Approval	Development Permit for Material Change of Use of Premises (Multiple Housing Type 4 Conventional), 4 x 2 bedroom units
Applicant	SEQ Patio Group c/- Fluid Building Approvals
Request Received On	1 November 2019

PROPERTY DETAILS
Property Address	12 Opal 12, 1/12 and 2/12 Opal Street, Cooroy Qld 4563
RP Description	Lot 0 on SP304994 Lot 3 on SP304994 Lot 4 on SP304994
Land Area	Whole site – 1,009m2 Lot 3 on SP304994 – 112m2 Lot 4 on SP304994 – 112m2
Existing Use of Land	Four multiple dwelling units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake Macdonald
Zone	Attached Housing
Overlays	Nil
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to add two 18.45m2 patio roofs to the rear of Units 1 and 2. The patio roofs are located within the exclusive use areas on common property, and Body Corporate approval was provided with the application material. The roofs are proposed to be 2.4m high by 8m long, varying in depth from 2.15m to 2.4m (refer to Figure 1)

Figure 1: Proposal Plan
The patio roofs will be setback 1.5m from the side boundaries and 1.8m from each other (refer to Figure 2)

Figure 2: Site Plan
background
A development approval for a Development Permit for Material Change of Use of Premises (Multiple Housing Type 4 Conventional), 4 x 2 bedroom units was issued on 26 August 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:
Cooroy & Lake Macdonald Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Codes.
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 proposal is for patio roof structures only and does not propose any change of use or  dramatic change to the existing built form;
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.
Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy & Lake Macdonald Locality within the Attached Housing zone. The application has been found to generally comply with all applicable statutory instruments.
Condition 2
Approved Plans
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
Sheet 4 of 8	6	Site Plan (Stage 1), prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
Sheet 5 of 8	6	Site Plan (Stage 2), prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
Sheet 6 of 8	6	Floor Plan (Stage 1), prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
Sheet 7 of 8	6	Floor Plan (Stage 2), prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
Sheet 8 of 8	6	Elevations A & B, prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
Sheet 9 of 8	6	Elevations C & D, prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
Sheet 18 of 8	6	Perspectives, prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
0801516-SK-0002	B	Vehicle Swept Paths, prepared by McMurtrie Consulting Engineers	20/06/16
Applicant’s Request
The application requests ‘that the attached plans be deemed generally in accordance under MCU16/0043 to include the attached plans under Condition 2’.
Assessment of Request
The original development utilised the full extent of available site cover, being 40%. Therefore, the proposed additional 2.6% site cover, resulting in a total site cover of 42.6%, does not comply with Specific Outcome O10 of the Cooroy & Lake Macdonald.
It is noted that the four dwelling units each have a garden shed (refer to Figure 3) within their respective exclusive use areas, totalling approximately 1.7% (17.3m2) in site cover, which were not included in the site cover calculation under the original approval.

Figure 3: Garden Sheds
Whilst the proposal exceeds the site cover provision of Specific Outcome O10, it is considered that the proposed development meets Specific Outcome O9, as the development is an open structure, the scale is considered compatible with surrounding development and does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site. In addition, the patio roofs are located over existing concrete slabs that were approved as part of the original application, therefore not resulting in the loss of any soft landscaping areas, whilst improving amenity for residents by providing shading to the outdoor recreation area. The proposal is considered relatively minor in the context of the entire development and is not anticipated to result in any adverse impacts.
It is noted the original plan numbers listed in the Plan No. column in the table in Condition 2 were incorrectly numbered. This error will also be corrected as part of this minor change.
draft planning scheme
The site is located within the Medium Density Residential zone under the new planning scheme, whereby the dwellings would be defined as ‘small dwellings’, which allows 45% site cover in this locality. In addition, the definition of Site Cover under the new scheme does not include a building or structure ‘in a landscaped or open space area, including, for example a gazebo or shade structure’. Therefore, the proposal would be considered to comply with the site cover requirements of the new planning scheme.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The application seeks a minor change for a Material Change of Use of Premises (Multiple Housing Type 4 Conventional), 4 x 2 bedroom units by way of adding two patio roofs to the rear of Units 1 and 2. The proposed development is considered to generally comply 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.
RECOMMENDATION
With regard to Application No. MCU16/0043.01, to make a minor change to an existing approval for a Development Permit for Material Change of Use of Premises (Multiple Housing Type 4 Conventional), 4 x 2 bedroom units situated at 12 Opal, 12 Opal Street, 1/12 Opal Street and 2/12 Opal St Cooroy Qld 4563, described as Lot 0 on SP304994, Lot 3 on SP304994 and Lot 4 on SP304994, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Amend Condition 2 to read as follows:
Plan No.	Rev.	Plan/Document Name	Date
Sheet 4 of 18	6	Site Plan (Stage 1), prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
Sheet 5 of 18	6	Site Plan (Stage 2), prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
Sheet 6 of 18	6	Floor Plan (Stage 1), prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
Sheet 7 of 18	6	Floor Plan (Stage 2), prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
Sheet 8 of 18	6	Elevations A & B, prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
Sheet 9 of 18	6	Elevations C & D, prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
Sheet 18 of 18	6	Perspectives, prepared by PJMMCCARTHY Commercial and Residential Builders	02/05/2016
0801516-SK-0002	B	Vehicle Swept Paths, prepared by McMurtrie Consulting Engineers	20/06/16
N/A	-	Site Plan	Not dated
N/A	-	Floor Plan	Not dated
N/A	-	Unit 1	Not dated
N/A	-	Unit 2	Not dated

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