Minor Change Report 132010.105.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner / Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	132010.105.01
Development Approval	Development Permit for Material Change of Use - Detached House
Applicant	Mrs Jayme McNally and Josh McNally
Request Received On	2 September 2020

PROPERTY DETAILS
Property Address	30 Moorhen Pl Noosaville Qld 4566
RP Description	Lot 5 SP 190381
Land Area	899m²
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Local Plan	Noosaville
Zone	Low Density Residential
Overlays	Land subject to acid sulfate soils Bushfire hazard – medium potential and potential impact buffer
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks to change the existing development approval to build structures within the 10m fire protection zone setback (measured from the rear boundary) for the Doonella Noosa residential development and some minor internal renovations. The proposed structures include:
a swimming pool setback approximately 0.5m to the rear boundary (pool shell constructed);
a 25m² (approx.) gazebo consisting of a spa and seating area setback 0m to the rear boundary, noting that as part of the further advice requested the applicant removed the gazebo and replaced the gazebo with a 3m x 3m colorbond shed;
a roofed patio setback 8.496m (Outer Most Projection) from the rear boundary. The patio includes a wall to the western side where a BBQ, bench and sink is proposed.

A locality plan, site and floor plans and elevations are provided below.

Figure 1 - Aerial of the site.

Figure 2 - Site Plan

Figure 3 - Floor Plan

Figure 4 - Elevations.

background
A development approval for a Development Permit for Material Change of Use - Detached House was issued on 22 February 2010.

Under the superseded planning scheme, the subject lot is in the Noosaville Locality and is zoned Detached Housing. Under the Superseded Planning Scheme the proposed Detached House was not required to comply with superseded planning scheme codes, as the planning scheme instead ‘called up’  the Plan of Development (POD) for the subdivision of Doonella Noosa estate.

Accordingly, the Detached House need only comply with the requirements of the Plan of Development and the development approval conditions for the Doonella Noosa, with the approval having previously addressed issues raised by the Noosa Plan 2006 Overlays.  Pursuant to the approved POD, the Supplementary Table of Assessment made detached houses within the Premium Residential/Conservation Residential (Group Housing) Precincts code assessable, and as such required an application for a material change of use.  The proposed detached house is within the Premium Residential Precinct and is subject to the provisions of the POD and conditions of the Preliminary Approval including the Bushfire Management Plan.

The proposal is required to comply with the conditions of approval and the POD.

While the Noosa Plan 2020 has not ‘called up’ the POD, any development of the estate is still required to comply with the POD and the development approval conditions being a continuing approval applicable to each of the sites in the estate.
assessment

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 scale and built form of development is not substantially different to that existing;
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.
Pursuant to s81 of the Planning Act 2016 in assessing the change application, Council must consider:
all matters that would apply if the change application were a development application
another matter that the responsible entity considers relevant
the planning scheme or other document, as in effect when the development application for the development approval was properly made.
It is also noted that pursuant to s 66(2) of the Planning Act 2016, a development approval must not be inconsistent with a development condition of an earlier development approval in effect for the development, unless:
both conditions are imposed by the same person; and
the applicant agrees in writing to the later condition applying; and
the owner of the premises agrees in writing to the later condition applying.
Therefore any approval over this site should not conflict with the development approval for Doonella Noosa unless agreed to by Council and the property owner.
Statutory Instruments
As discussed above, the development must be assessed against the Noosa Plan 2020, the Superseded Planning Scheme and any other relevant matter. In this regard, the approval for the Doonella estate was identified in the Superseded Planning Scheme and is considered a relevant matter in considering this application.
The Plan of Development and associated management reports and conditions of the approval for the Doonella Noosa estate require the following:

Conditions 1 and 19 for 30 Moorhen Place – structures within the fire protection zone
Development undertaken in accordance with this approval must generally comply with the approved plans of development and may be amended by these conditions and annotations on the plans.
Plan No.	Plan / Prepared by	Date
Sheet 4A of 15	Site Plan Layout – Coral Homes	14 December 2009
Sheet 1 of 15	Lower Floor Layout – Coral Homes	14 December 2009
Sheet 2 of 15	Upper Floor Layout– Coral Homes	14 December 2009
Sheet 3 of 15	Elevations – Coral Homes	14 December 2009
Sheet 4A of 15	Landscaping Plan – Coral Homes	14 December 2009
Flammable structures and landscaping materials, such as timber pergolas, timber decks and timber sleeper walls shall not be constructed within the 10 metre Fire Protection Zone.
Applicant’s Request
The applicant seeks to construct a swimming pool, a 3m x 3m shed and a covered outdoor patio area which includes a BBQ and bench within the 10m fire protection zone (FPZ) set out by the Bushfire Management Plan for the original subdivision.
Assessment of Request
The conditions of approval outlines that no flammable structures are constructed within the FPZ. The relevant section of the Fire Management Plan is shown in Figure 5 below (Lot 5) and outlines that only minor non-flammable structures such as paved areas, pools and BBQ’s are permitted in the FPZ.

Figure 5 - Exert from the Fire Management Plan
The 3m x 3m shed is not considered a minor non-flammable structure and is located too close to the fire hazard and is not supported.
The swimming pool is permitted and raises no concerns being a non-flammable structure.
The outdoor living and BBQ area is proposed with a 8.496m setback (OMP) in lieu of the required 10m. The extent of structure within the FPZ is not considered minor and not in accordance with the Bushfire Management Plan. However, if the roof were reduced in size and a greater setback of 9m provided, this would be considered a minor portion of the structure, being a 1m roof encroachment into the FPZ.
It is recommended the shed be removed from the FPZ and the patio roof setback a minimum of 9m. Additionally, a new bushfire attack level (BAL) be prescribed for the new works (includes the northern wall and openings) and the structures constructed in accordance with the relevant bushfire standards. This will ensure that all structures are constructed of suitable fire-retardant materials in accordance with Condition 19 of this approval and the Bushfire Management Plan which seeks only minor non-flammable structures constructed in the FPZ.
The patio roof would otherwise be inconsistent with the development approval for Doonella estate and conflict with the bushfire mitigation measures identified necessary for the subdivision.  Should the applicant wish to pursue with the proposed shed and full patio roof extension an application to change the development approval for the Doonella Noosa estate would be required. This would allow review of the bushfire mitigation measures for the development as a whole.
It is important to note that for fire management purposes, condition 20 of the approval requires all development to have a 20m long garden hose permanently attached to a 20mm – 25mm water connection on the rear boundary.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council specialists:
Building Surveyor
Environment Officer
Technical Officer – Natural Areas
conclusion & reasons for decision
When the shed is removed from the FPZ and the patio roof is reduce in size to provide a greater setback and the new works are constructed in accordance with the relevant bushfire standards, the proposed roof structure generally complies with Condition 19 and the Bushfire Management Plan for the original subdivision and is recommended to be supported.
RECOMMENDATION
With regard to Application No. 132010.105.01, to make a minor change to an existing approval for  Development Permit for a Material Change of Use – Detached house situated at 30 Moorhen Pl Noosaville Qld 4566  described as Lot  5 SP 190381, Council on  decided to:
A.	Approve the change in part.
B.	Amend condition 1 to read as follows:
Development undertaken in accordance with this approval must generally comply with the approved plans of development and may be amended by these conditions and annotations on the plans.
Plan No.	Plan / Prepared by	Date
A 103 Rev A10	Proposed Site Plan, prepared by Collins Building Design and as annotated by Council	22.10.2020
A 105 Rev A10	Proposed Ground Floor Plan, prepared by Collins Building Design and as annotated by Council	22.10.2020
A 108 Rev A10	Proposed Upper Floor Plan, prepared by Collins Building Design	22.10.2020
A 201 Rev A10	Proposed North & East Elevations, prepared by Collins Building Design and as annotated by Council	22.10.2020
A 202 Rev A10	Proposed South & West Elevations, prepared by Collins Building Design and as annotated by Council	22.10.2020
C.	Include the following additional conditions 23, 24 & 25 to read as follows:
ADDITIONAL CONDITIONS OCTOBER 2020
The 3m x 3m shed is not approved and must not be constructed within the 10m Fire Protection zone.
The new patio roof consisting of the BBQ area and bench must be setback from the rear/northern boundary a minimum of 9m to the outer most projection.
Prior to the issue of a Development Permit for Building Work, a bushfire attack level (BAL) must be prescribed, and all new works must be constructed in accordance with the current bushfire standards.
D.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016 and Section 66 (2) as the conditions of approval are varied in part to allow a minor portion of the structure within the fire protection zone.

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Table 11 - Residential Precincts Fire Protection Zones

Residential precinct &
allotments

Premium Residential Lots
1-17 &24

FPZ description

10 metre wide FPZ with no understorey vegetation (see figure 1)

Single large trees are allowed with no touching of crowns with vegetation
outside of the FPZ or the dwelling house

Groundcover is to be maintained by each and every property owner

Minor non-flammable structures such as paved areas, pools and BBQs are
permitted to be located within the FPZ

Less flammable landscape plantings are recommended along the residential
edge of the FPZ.

Lot 1 is also to contain a 3 metre wide FPZ is to be established along the
edge of the Public Open Space