Minor Change Report MCU18 0206.01 · MCU18/0206.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Tara Norley
Development Assessment
APPLICATION DETAILS
Application No.	MCU18/0206.01
Development Approval	Material Change of Use - Detached House
Applicant	DD Kerr & AJ Kerr & Brentwood Building Pty Ltd
Request Received On	28 October 2019

PROPERTY DETAILS
Property Address	49 Seaview Terrace, Sunshine Beach Qld 4567
RP Description	Lot 88 on RP81810
Land Area	579m2
Existing Use of Land	Dwelling to be demolished

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached housing
Overlays	Natural Hazards Overlay – Landslide Hazard Natural Hazards Overlay – Low Potential Acid Sulfate Soils Natural Resources Overlay – Coastal Protection
Assessment Type	Minor Change to Development Approval
PROPOSAL
The applicant seeks approval to change the existing development approval for a Detached House (MCU18/0206). The proposal if for a completely new design for the dwelling house. The new design is for a 2 storey, 4 bedroom dwelling, and includes a 13.3m2 roof terrace in the south eastern corner of the dwelling. The change seeks approval for minor height and setback encroachments, and the relocation of the previously approved roof terrace.
background
A development approval for a Material Change of Use - Detached House was issued on 18 March 2019. The proposal was for a 2 storey, 3 bedroom square shaped dwelling. The proposal included a centrally located roof terrace accessed via a spiral stair case from the upper level. The proposal included a site cover of 44% to the upper level, a 4m – 4.8m secondary frontage setback, a building height of 8.4m and a roof terrace
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:
Detached House Code.
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 use remains a two storey Detached House, similar in bulk and scale to the original approval;
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 Eastern Beaches Locality within the Detached Housing zone. The application has been found to generally comply with all applicable statutory instruments.
Existing Condition
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
187676-01-01		Detail Survey Plan, prepared by CadCon	22/08/2018
DD001	DD03	Site Plan, prepared by Robinson Architects	19/02/2019
DD002	DD03	Site Plan – Vegetation Overlay, prepared by Robinson Architects	19/02/2019
DD101	DD03	Ground Floor Plan, prepared by Robinson Architects	19/02/2019
DD102	DD03	First Floor Plan, prepared by Robinson Architects	19/02/2019
DD104	DD03	Roof Plan, prepared by Robinson Architects	19/02/2019
DD201	DD03	Elevations, prepared by Robinson Architects	19/02/2019
DD202	DD03	Elevations, prepared by Robinson Architects	19/02/2019
DD301	DD03	Sections, prepared by Robinson Architects	19/02/2019
DD302	DD03	Sections, prepared by Robinson Architects	19/02/2019
DD304	DD03	Sections, prepared by Robinson Architects	19/02/2019
DD500	DD03	3D Views, prepared by Robinson Architects	19/02/2019
Applicant’s Request
The minor change application requests to change Condition 2 to reflect updated plans for the development.
Assessment of Request
Height O10
The original approval includes a portion of roof in excess of 8m in height, up to a maximum 8.4m in height. The change application also includes a portion of the roof proposed to be up to 8.4m above NGL. The area of intrusion is a small portion of balustrading on the roof terrace, located in the south eastern corner of the development, and the two small areas of roof line located along the western portion of the roof. The intrusion is considered very minor in nature and is not anticipated to negatively impact the amenity of the surrounding properties.

Figure 1: Proposed Height Encroachment
Setbacks
The proposal seeks a minimum setback of 3.46m on the ground floor and 4.56m on the first floor to the eastern Seaview Terrace frontage, being the secondary frontage.

Figure 2: Ground Floor Setback Encroachment

Figure 3: First Floor Setback Encroachment
The original development approval allowed for setbacks between 4m and 4.85m to the eastern Seaview Terrace frontage. The proposed changes to the proposal plans are considered minor in nature in relation to the previously approved plans and are not anticipated to result in any adverse impacts. The development maintains the visual continuity and patterns of building in Seaview Terrace as a range of reduced setbacks exist on both sides of the street and the existing and proposed mature vegetation within the site and existing within the road reserve would screen the development. The setback raises no significant planning concerns.
It is also noted that the draft planning scheme recognises a secondary frontage setback of 4.5m. The relevant Performance Outcomes provide similar provisions to that of The Noosa Plan and the proposal is considered to meet these Performance Outcomes.

Roof Form O16
The original approval included a roof terrace located in the centre of the roof. The change application has relocated the roof terrace to the south eastern corner of the house.

Figure 4: Approved Roof Terrace

Figure 5: Proposed Roof Terrace
The roof terrace is relatively small in size, whilst the location of the terrace is not anticipated to create opportunities for residents to overlook the private open space areas of neighbouring properties due to the positioning of the terrace and existing mature vegetation on the subject site and neighbouring properties. Therefore, the proposed change is supported.
Vegetation
The original approval included a vegetation overlay plan and the approval was conditioned regarding vegetation to be removed and maintained. The change application did not provide a vegetation plan, however the Site Plan does indicate vegetation to be removed along the northern boundary. The conditions relating to landscaping will be changed accordingly.
draft planning scheme
Building height in metres
The draft planning scheme seeks similar outcomes to that of The Noosa Plan. The proposal meets the relevant Performance Outcomes of the draft planning scheme.
Setback
The draft planning scheme recognises a secondary frontage setback of 4.5m. The relevant Performance Outcomes provide similar provisions to that of The Noosa Plan and the proposal is considered to meet these Performance Outcomes.
Roof Terrace
The provisions are similar to The Noosa Plan, but include the overlooking of habitable windows or doors of neighbouring properties. As discussed in the body of this report, no new overlooking is likely to occur as a result of the roof terrace.
cONSULTATION
Referral Agencies
Not applicable
Other 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.
RECOMMENDATION
With regard to Application No. MCU18/0206.01, to make a minor change to an existing approval for a Material Change of Use – Detached House situated at 49 Seaview Terrace, Sunshine Beach Qld 4567, described as Lot 88 on RP81810, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 19 December 2019 decided to:
A.	Approve the change.
B.	Amend Conditions 2, 8 and 9 to read as follows:
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
187676-01-01		Detail Survey Plan, prepared by CadCon	22/08/2018
19-013 Sheet 02 of 11	C	Site Plan, prepared by magica buliding design As annotated by Council	05/12/19
19-013 Sheet 03 of 11	C	Ground Floor Plan, prepared by magica buliding design	05/12/19
19-013 Sheet 04 of 11	C	First Floor Plan, prepared by magica buliding design	05/12/19
19-013 Sheet 05 of 11	C	Roof Plan, prepared by magica buliding design	05/12/19
19-013 Sheet 06 of 11	C	Elevations, prepared by magica buliding design	05/12/19
19-013 Sheet 07 of 11	C	Elevations, prepared by magica buliding design	05/12/19
19-013 Sheet 08 of 11	C	Section, prepared by magica buliding design	05/12/19
19-013 Sheet 09 of 11	C	Section, prepared by magica buliding design	05/12/19
19-013 Sheet 10 of 11	C	Sections, prepared by magica buliding design	05/12/19
19-013 Sheet 19 of 11	C	Minor 8.0m Height Limit Encroachment, prepared by magica buliding design	05/12/19
Existing trees, including the existing garden (identified on the approved Detail Survey Plan) along the southern, eastern and western boundaries on the site and within road reserves must be retained, except for the trees identified for removal marked on the Site Plan 19-013 Sheet 02 of 11.
The cottonwood cluster to the north side of the existing and proposed driveway must be replaced with landscaping, turf and 2 street trees of an appropriate species. Landscaping must also be provided along the eastern boundary for the full length of the vehicle turn around area, as annotated on Site Plan 19-013 Sheet 02 of 11. The works must be undertaken in accordance with an Operational Works approval.

[word/footer1.xml]
Page 7 of 7

[word/header1.xml]
3

[Attachment: image1.png (image text)]
 

 

 

 

 

pee

 


[Attachment: image2.png (image text)]
SELECTED BOUNDARY FENCES TO ACTAS POOL SAFETY FENCE,

 

 

 

    
  
    
    

Concnere smn ro0LAND uppcot,
‘ssovaTep?oc FeNeas BY pen
SPECALST CONTRACTOR. LUNEOF BALCONY OVER __ ‘uTTeNED

62056 ttn HEAD ome
ATO.
ra

t

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

+

£
5
2a
at

 

 

 

 

 

 

 

 

 

 

 

 

 

Pe} | eassresu

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TL areann F
DRIVEWAY

 

URS mmesTIOKER vance

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

FAMILY ROOM >
Toaricns vom
WET BAR “ {
wane sine \ ENTRY Stiunck

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

oa ar ow oe
“mye = oA
eaeatsees a |i Ht come
[BATH BED 3 Ea E BED 4 cel = gl
1 \!
a nwseD = er : f allgi

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EU

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

eet nee ae
é BALCONY 1=g vsraanaes | j

<8 = ecrenretane om SHE a | |

2, = hiarasrane

& 2 ae

a

5

ie

 

 

 
 

 

 

 

 

 

 

 

 


[Attachment: image3.png (image text)]
 

be

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

swoxe
ix \oteteeres

Wir + a. ir
: slieatieatieniientientienineniieniieniieni niin Peels einai
woseeum —_ssttesam ere
! BALCONY
| g
| 3
i} = | master — §
tps -p-BeeReoH—
!

ofw

 

 

 

 

SITTIN

 

 

 

 

 

 

 

9.
(6 | atecso

 

 

 

wae cess

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
   
 
   
 
     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LOUNGE a DINING
030m sche
< 2 as
Zanes || isrenesnoc | fp
{
BALCONY 2 i
‘rou utare cures i
STATHONTMBER RR FANE somata
a | srecincanons
ee

 

 

 

 

 

ies 000AR wo sucRT

 

190818