Minor Change Report 132006.1165.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Will Koschade
Development Assessment

APPLICATION DETAILS
Application No.	132006.1165.02
Development Approval	Minor Change to a Material Change of Use (Detached House) located in the Coastal Protection area
Applicant	Pacific BCQ
Request Received On	7 April 2021
Further Advice Issued	5 May 2021
Further Advice Response	2 June 2021
Report Reviewed By	Tara Norley – 7 July 2021
Decision Due Date	7 May 2021

PROPERTY DETAILS
Property Address	67 Seaview Terrace, Sunshine Beach Qld 4567
RP Description	Lot 71 RP 81810
Land Area	530.75m2
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Coastal Protection and Scenic Amenity Landslide Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for a Material Change of Use (Detached House) located in the Coastal Protection area. The proposal is for a new garage to be located on the southern side boundary, setback approximately 23m from the road boundary. The proposed garage includes a parapet wall along the front façade of the structure.
The locality and proposal plan are included below.

Figure 1 – Locality
Figure 2 – Site Plan
Figure 3 – Elevations
background
A development approval for a Material Change of Use of premises (Detached House) located in the Coastal Protection area was approved on 19 September 2006.
A minor change for a Material Change of Use of premises (Detached House) located in the Coastal Protection area was approved on 16 January 2019 for:
an additional bedroom and ensuite on an existing upper level balcony (centrally located on the northern boundary);
add a roof over an existing upper level patio (northwest corner of the dwelling);
extend the internal floor area onto the existing outdoor patio (upper level patio on the east elevation); and
carry out internal alterations.
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 no new use is proposed and the addition does not dramatically change the built form in terms of scale, bulk and appearance;
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; and
Coastal Protection and Scenic Amenity Overlay Code.

The proposed changes are generally consistent with the planning scheme provisions in place at the time the original development application was made and the current planning scheme provisions.

Condition 1
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled and numbered Site Plan 250905-001C dated June 2006, Floor Plan (Lower) 250905-002C dated June 2006, Floor Plan (Upper) 250905-003C dated June 2006, Floor Plan (Lower) 250905-004C dated June 2006, Roof Plan 250905-005C dated June 2006, Elevation (East) 250905-006D dated July 2006, Elevation (South) 250905-007D dated July 2006, Elevation (North) 250905-008C dated June 2006, Elevation (West) 250905-009C dated June 2006, Section 250905-010B dated June 2006 prepared by Harris Designs and Communications Pty Ltd and as may be amended by these conditions.
Additional Plans - 16 January 2019
Plan No.	Rev.	Plan/Document Name	Date
250905-001C	C	Site Plan, drawn by Harris Designs and Communications Pty Ltd Updated with annotations by applicant	June 2006
A101	-	Lower Floor Plan	11/9/18
A102	-	Upper Floor Plan	11/9/18
A103	-	Elevations	11/9/18

Applicant’s Request
The applicant requests that condition 1 be amended to capture the updated proposal plans for the dwelling that are lodged under this minor change request.
Assessment of Request
Parapet
The garage addition includes a parapet wall to the street frontage. The total width of parapet facing the street frontage does not exceed 50% of the width of the front façade of the building (refer to Figures 4 and 5), and therefore complies with Acceptable Outcome AO16.2 of the Low Density Residential Zone Code.

Figure 4: Street elevation

Figure 5: Dwelling as viewed from the street front

Setback
The proposed garage located on the boundary complies with QDC requirements for garages located within the side boundary setback, in that:
the garage has a mean height not more than 3.5m,
the total length of all buildings or parts, of any class, within the boundary clearance is not more than 9m along the boundary; and
the garage is located no closer than 1.5m to window in a habitable room of the adjoining dwelling to the south.
As such, the proposed setback is acceptable.

Site Cover
Acceptable Outcome AO8.1 of the Low Density Residential Zone Code states site cover of all buildings and structures on site does not exceed:
for a single storey building – 50%;
for a building of 2 storeys –
50% for one of the storeys; and
30% for the other storey; or
40% for both storeys.
The proposed Dwelling House exceeds 40% site cover and therefore requires assessment against the corresponding Performance Outcome PO8.
With the addition of the enclosed garage, the Dwelling House has a site cover of approximately 46%, which exceeds the 40% site cover requirement for buildings of 2 or more storeys under the Low Density Zone Code.
The applicant has argued that their plans were drawn prior to the commencement of The Noosa Plan and thus site coverage was in accordance with the requirements of the Building Code, which was 50%.  Accordingly, The Noosa Plan now reduces the allowable site coverage to 40%, thus resulting in the proposed Detached House’s non-compliance. It is noted however that the despite existing non-compliance with current planning scheme requirements, the proposed extension to the dwelling house increases non-compliance with current site cover requirements which came into effect under Noosa Plan 2006. The applicant has also provided a letter of no objection from the adjoining landowner located at 65 Seaview Terrace. The adjoining landowner would be located directly adjacent the siting of the new garage.
In regard to this non-compliance, the proposal has been assessed against Performance Outcome PO8 of the Low Density Residential Zone Code:-
The scale of the Dwelling House is considered to be compatible with surrounding development, particularly in respect to height and presence of built from when viewed from the street and adjoining properties as other development has a similar site coverage.
The presence of building bulk will be reduced by the following:-
soft landscaped areas proposed for the front (east), side (north), rear (west) property boundaries and the retainment of existing trees in the road reserve;
the building has a greater setback than required (ie. 23m from the front and 5 metres from rear) from the front and rear boundaries, thereby reducing bulk from these boundaries;
the unenclosed areas at the front of the building on both the lower and upper levels are setback more than the required 6 metres from the front property boundary, thus reducing bulk from the street;
The proposal meets the 20% soft landscaping requirement for the site and further provides adequate landscaped areas to the site’s front (east), side (north) and rear (west) boundaries.  Although there is no provision for soft landscaping to the side (south) boundary, there will be adequate separation between adjoining buildings given the location of the proposed driveway along this boundary;
A letter of no objection has been provided by the adjoining landowner located directly to the south;
There is sufficient space on ground to provide for outdoor recreation, entertainment, clothes drying and other site facilities.  The proposal incorporates soft landscaped areas, swimming pool and deck areas;
The additional site cover is limited to a single storey garage which does not contribute towards visual bulk when viewed from adjoining dwellings or the street;
Stormwater will be captured from the roof of the Detached House and directed to rainwater storage tanks for re-use on-site.
Accordingly, having regard to the above, a variation to the site cover requirement for the site is considered justified.

Figure 6: Southern boundary as viewed from the street frontage

Figure 7: Location of proposed garage

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. 132006.1165.02, to make a minor change to an existing approval for a Dwelling House located in Coastal Protection Area situated at 67 Seaview Tce Sunshine Beach Qld 4567  described as Lot 71 RP 81810, Council on 7 July 2021 decided to:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled and numbered Site Plan 250905-001C dated June 2006, Floor Plan (Lower) 250905-002C dated June 2006, Floor Plan (Upper) 250905-003C dated June 2006, Floor Plan (Lower) 250905-004C dated June 2006, Roof Plan 250905-005C dated June 2006, Elevation (East) 250905-006D dated July 2006, Elevation (South) 250905-007D dated July 2006, Elevation (North) 250905-008C dated June 2006, Elevation (West) 250905-009C dated June 2006, Section 250905-010B dated June 2006 prepared by Harris Designs and Communications Pty Ltd and as may be amended by these conditions.
Additional Plans - 16 January 2019
Plan No.	Rev.	Plan/Document Name	Date
250905-001C	C	Site Plan, drawn by Harris Designs and Communications Pty Ltd Updated with annotations by applicant	June 2006
A101	-	Lower Floor Plan	11/9/18
A102	-	Upper Floor Plan	11/9/18
A103	-	Elevations	11/9/18
Additional Plans – July 2021
Plan No.	Rev.	Plan/Document Name	Date
AO101	-	Lower Floor Plan, drawn by Windrim Building	25/05/21
AO103	-	Elevations, drawn by Windrim Building	25/05/21
AO106	-	Site Plan, drawn by Windrim Building	25/05/21

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