Council archive · source document
Minor Change Report 51981.4258.02 [As Published]
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Senior Development Planner, Tara Norley
Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No. 51981.4258.02
Development Approval Town Planning Consent Permit for Multiple Dwelling (18
Dwelling Units)
Applicant Derek Lindsay C/- RG Strategic
Request Received On 29 November 2023
Report Reviewed By Nadine Gorton 2.10.2024
Decision Due Date 3 January 2024
PROPERTY DETAILS
Property Address Costa Nova 3/1 Belmore Tce Sunshine Beach
RP Description Lot 21 BUP 9851
Land Area 2,198m2
Existing Use of Land Multiple Dwelling
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone High Density Residential
Precinct Not applicable
Local Area Plan Coastal Communities Local Plan Area
Overlays Land Subject to Acid Sulfate Soils
Coastal Protection and Scenic Amenity
Landslide Hazard
Assessment Type Minor change to development approval
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1. PROPOSAL
The applicant seeks approval to change an existing development approval for the purpose of
separating the office space attached to Apartment 3 (which is currently functioning as a manager’s
residence) and converting this space into an additional room in the apartment. The existing storage
room adjoining Apartment 3 will be renovated to accommodate the reception/office space for use
by an offsite manager.
The applicant has submitted the following information in response to the car parking requirements
of the Scheme:
The approved plans and what was constructed on site was 21 covered spaces and 5 outdoor
spaces. This is 3 additional to the requirements. Further there are two spaces on the upper
level, one being a turning bay and one a spare area that Council did not count towards
parking at all. Note images below where we parked a Pajero into the turnaround space to
demonstrate its size and the other space has a 6m long surf ski sitting in it to give a size.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Existing Plans
Figure 3 – Floor Plan showing Apartment 3
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2. APPLICATION BACKGROUND
A development approval was issued in November 1981, for a 4 storey multiple dwelling of 18 units.
This approval was modified in July 1988 following negotiations with the applicant for improvements
to the building including alterations to car parking, inclusion of a lift, reduction in building height
and deletion of general store, sauna, public toilets and inclusion of a manager’s office. The
approval was further modified in June 1999 permitting an increase to the living area of an existing
unit into the existing balcony area for a top-level unit.
A further change to the development approval was approved on 8 December 2023 for
refurbishments to the existing pool area and the addition of a new BBQ area, subject to some plan
amendments.
There is a Short Stay Letting approval on the site (Council ref. SSL22/0835), which is authorised
by the Town Planning Consent.
3. ASSESSMENT
3.1. 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 2017;
• Planning Regulation 2017; and
• The Noosa Plan 2020.
3.2. 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;
• 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.
3.3. Statutory Instruments – Planning Scheme
The application is required to be assessed against the planning scheme that was in place at the
time the original development application was lodged, being the 1973 planning scheme, but
Council may have regard to the Noosa Plan 2020.
The following codes from the Noosa Plan 2020 are applicable to this development:
• High Density Residential Zone Code;
• Coastal Communities Local Plan Code;
• Dual Occupancy & Multiple Dwelling Code;
• Coastal Protection and Scenic Amenity Code.
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3.4.1 Changes to Conditions
The applicant seeks to amend condition 2 to enable creation of the three bedroom unit and
separate on site managers office. Conditions 1, 2 and 11 as detailed below are relevant to the
assessment.
Condition 1
Condition 2
Provision of at least 23 off-street car parking spaces, comprising 18 covered spaces and 5
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Town Planning Scheme,
Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans and
specifications for these works are to be submitted to the Shire Engineer for approval in conjunction
with the Building Application.
Condition 11
The car parking layout is to be amended to accord with Council’s Policy requirements. The
submitted plans do not comply in this regard.
Applicant’s Request
The applicant proposes an additional condition to endorse the revised plan. The applicant notes:
The 2007 deed of variation authorises the caretaker/letting agent to exclusively occupy those parts
of the common property hatched and marked on plan “A” attached to the deed for the purpose of
storage.
The proposed Minor Change seeks to convert part of the existing storeroom into a Manager’s
Office and an increase the bedroom count from 2 to 3 Unit 3. [amended to remain 2 bed, 3rd room
being a games room].
This report should be read in conjunction with the accompanying DA Form and Appendices. The
development is appropriate and is not anticipated to impact upon the amenity of any of the
immediate neighbouring properties, the local plan area or the streetscape. Council’s approval of
the application is therefore sought.
Condition 2 of TPC 1441 stipulated the necessity for a minimum of 23 off-street car parking spaces,
comprising 18 covered spaces and 5 uncovered spaces. The development has successfully met
this requirement by offering an ample parking area, which includes 21 covered spaces and 5
uncovered spaces. In essence there are 3 additional carparking available for use on site, which is
in excess to the approval
Previously, the Managers Office was closely integrated into the manager’s unit due to the dual role
played by the individual. However, acknowledging the necessity for a more defined and
independent manager, the reception has now been separated. The applicant seeks the reception
office to be lodged in the Decision Notice description.
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Assessment of Request
As detailed above, the proposal is to be assessed under the planning scheme in place at the time
the original application was lodged. Under this 1985 Planning Scheme carparking was required on
the basis of 1 covered space per unit and 1 space per 2 unit which may be provided in tandem.
Notably the planning scheme at this time did not have different carparking requirements for 2 or 3
bedroom units.
The revised plan shows an additional room forming part of Apartment 3, and a separate
reception/office space. As identified by the Applicant and corroborated by Council’s Development
Engineer, there are 21 car covered parking spaces available on the premises, an additional 3
spaces than what was required by Condition 2.
Based on the scheme provisions relevant at the time of the original application the 3rd bedroom is
permitted noting that this apartment has the 2 car parking spaces available for use and one space
is available for the Manager’s Office. Condition 2 is recommended to be amended as per the
following:
Condition 2 Amendment
2. Provision of at least 25 off-street car parking spaces, comprising 20 covered spaces and 5
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Town Planning
Scheme, Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans
and specifications for these works are to be submitted to the Shire Engineer for approval in
conjunction with the Building Application.
2.1. 2 covered spaces are to be dedicated to the use of Apartment 3
2.2. 1 space is to be dedicated to the Manager’s Office.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Development Engineer – as conditioned.
5. 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. 51981.4258.02, to make a minor change to an existing approval for
Town Planning Consent - Multiple Dwelling (18 units) situated at Costa Nova 3/1 Belmore Terrace
Sunshine Beach Qld 4567 described as Lot 21 BUP 9851, Council on 2 October 2024 decided to:
A. Approve the change.
B. Amend the development description to Town Planning Consent – Multiple Dwelling (18 Units)
and Manager’s Office.
C. Amend condition 2 to read as follows:
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2. Provision of at least 25 off-street car parking spaces, comprising 20 covered spaces and 5
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Town Planning
Scheme, Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans
and specifications for these works are to be submitted to the Shire Engineer for approval in
conjunction with the Building Application.
2.1. 2 covered spaces are for exclusive use by Apartment 3.
2.2. 1 space is for exclusive use by the Manager’s Office.
D. Include the following additional conditions:
Additional Conditions – Unit 3 – 26 September 2024
Approved Plans
23. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
23555 A Proposed Plan prepared by Icon 15/11/2023
Nature and Extent of Approved Use
24. The approved “reception” is for the purpose of a Manager’s Office only. The office space is
not to be let as an office not associated with the Multiple Dwelling development, the space is
not to be used for overnight accommodation.
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