Minor Change Report RAL21 0009.01

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

APPLICATION DETAILS
Application No.	RAL21/0009.01
Development Approval	Reconfiguring a Lot - Boundary Realignment
Applicant	Kathryn Ann Maree Gould, Marina Gould and Robert David Gould
Request Received On	14 March 2022
Report Reviewed By	Nadine Gorton
Decision Due Date	11 April 2022

PROPERTY DETAILS
Property Address	4-6 Hay St Tewantin & 51 Ward St Tewantin Qld 4565
RP Description	Lot 2 RP 72903, Lot 4 RP 72903, Lot 4 RP 77225
Land Area	756m² 1098m² 756 m²
Existing Use of Land	Dwelling/s

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Low Density Residential
Precinct	Not Applicable
Local Area Plan	Tewantin Local Area Plan
Overlays	Land Subject to Acid Sulfate Soils – 5m AHD and Below. Flood Hazard Overlay – Flooding and Inundation extent Landslide Hazard Overlay – Moderate Hazard Area
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval for Reconfiguring a Lot - Boundary Realignment (3 into 3 lots) and creation of access easement to enable the Reconfiguration of Lots to be developed over two (2) stages, as follows:
Stage One: - Boundary Realignment (2 Lots into 2 Lots) on land described as Lot 2 and Lot 4 on RP72903, in support of the on-sale of Lot 2 on RP72903, situated at 51 Ward Street, Tewantin.
Stage Two: - Boundary Realignment (2 Lots into 2 Lots) and the Establishment of an Access Easement on land described as Lot 4 on RP72903 and Lot 4 on RP77225.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Proposed staging plan

background
A development approval for Reconfiguring a Lot - Boundary Realignment (3 into 3) and Access Easement was approved on 24 November 2022.
A negotiated decision notice was issued on 17 January 2022.
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 it does not change the nature of the approval, only the timing with regard to development;
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 following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Low Density Housing Code;
Tewantin Local Plan Code;
Reconfiguration of a Lot Code;
Flood Hazard Overlay Code
The applicant’s proposal to stage the development complies with the intent of the approval and the requirements in Noosa Plan. Firstly, proposed staging needs to be considered in the context of existing conditions 2 & 7 as follows:
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
210224	B	Plan of Development, prepared by Dayna Cook Town Planning	31/03/2021
Condition 7
Dwelling removal
The dwelling and shed must be removed prior to the sealing of the survey plan or alternatively and in the event part of the buildings remain, the building must comply with setbacks in Noosa Plan.

Applicant’s Request
The applicant has requested changes to existing Condition 2 – plan table to acknowledge the staging of development and Condition 7 to recognise staging as follows:
The dwelling and shed must be removed prior to the sealing of the survey plan for Stage Two, or alternatively and in the event part of the buildings remain, the building must comply with setbacks in Noosa Plan.
Assessment of Request
The dwelling and shed positioning relates to stage 2 only, and the suggested change recognises this.  There are no issues associated with the requested changes to Conditions 2 & 7 and therefore this is supported.
Additionally, to acknowledge the staging of the development, it is recommended to include a new condition.  This will become new Condition 22 which will read as follows:
22.	The development may be staged in accordance with the stage boundaries shown on the Approved Plans.
Advice from the Coordinator, Engineering identified that stormwater infrastructure and the creation of the easement need to be considered in staging the development.  Inter-lot stormwater drainage for Lot 201 (pipes and easements) should be provided for in the first stage. The remainder of the civil works can be associated with the second stage.  Therefore, it is recommended by the Engineering Coordinator that the following changes be made to Conditions 8 and 13.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 2021-1087-13 Revision 2 prepared by Blackall Range Consulting Engineers dated September 2021. The works must include in particular:
all private structures (headwalls, scour protection, frog flaps etc) wholly contained within the private property;
discharge to the Hay Street road reserve in a manner that does not cause scour or damage to the road reserve;
In Stage 1 the provision of inter-allotment drainage within proposed Lot 401 to convey runoff from proposed Lot 201;
the use of gravity stormwater drainage and not surcharge pits.
Condition 8 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
In Stage 1 a private easement for drainage purposes must be registered in favour of proposed Lot 201 against the title of proposed Lot 401. The easement must be a minimum 1.5 metre wide and widened where necessary to wholly encompass the drainage infrastructure.

It is also recommended to do an administrative amendment to Condition 4 which is the currency period as it refers to ‘the use’.
Existing Condition 4
Currency Period
4.	This development approval lapses if the use has not happened by 24 November 2025, unless an application to extend the currency period is approved by Council.
Proposed amended Condition 4
4.	This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 24 November 2025, unless an application to extend the currency period is approved by Council.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator – Engineering, Development Assessment
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. RAL21/0009.01, to make a minor change to an existing approval for Reconfiguring a Lot - Boundary Realignment situated at 4-6 Hay St Tewantin & 51 Ward St Tewantin Qld 4565 described as Lot 2 RP 72903, Lot 4 RP 72903, Lot 4 RP 77225, Council on 11 April 2022 decided to:
A.	Approve the change.
B.	Amend conditions 2, 4, 7, 8 & 13 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
2021-14_C	C	Plan of Development, prepared by Dayna Cook Town Planning	14/03/2022
4.	This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 24 November 2025, unless an application to extend the currency period is approved by Council.
7.	The dwelling and shed must be removed prior to the sealing of the survey plan for Stage 2, or alternatively and in the event part of the buildings remain, the building must comply with setbacks in Noosa Plan.
8.	The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 2021-1087-13 Revision 2 prepared by Blackall Range Consulting Engineers dated September 2021. The works must include in particular:
all private structures (headwalls, scour protection, frog flaps etc) wholly contained within the private property;
discharge to the Hay Street road reserve in a manner that does not cause scour or damage to the road reserve;
In Stage 1, the provision of inter-allotment drainage within proposed Lot 401 to convey runoff from proposed Lot 201;
the use of gravity stormwater drainage and not surcharge pits.
Condition 8 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
13.	In Stage 1, a private easement for drainage purposes must be registered in favour of proposed Lot 201 against the title of proposed Lot 401. The easement must be a minimum 1.5 metre wide and widened where necessary to wholly encompass the drainage infrastructure.

C. 	Include additional Condition 22 as follows:
22.	The development may be staged in accordance with the stage boundaries shown on the Approved Plans.

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STAGING

‘Stage One: ~ Development Permit for Reconfiguration of Lots by Boundary
Realignment (2 Lots into 2 Lots) on land described as Lot 2 and Lot 4 on
72903, in support of the sale of Lot 2 on RP72903, situated at 5! Ward
Street, Tewantin QLD 4565.

- ‘Stage Two: — Development Permit for Reconfiguration of Lots by Boundary
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