Minor Change Report 51987.2885.3

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	51987.2885.3
Development Approval	TPC 1984
Applicant	Body Corporate - The Shores Cts 5607, Nicole Robyn Hodson-Tooth and Mark Edward Tooth
Request Received On	17 December 2021 (fees paid 17.01.2022)
Report Reviewed By	Lisa Pienaar
Decision Due Date	15.02.2022

PROPERTY DETAILS
Property Address	The Shores 1/15 Howard St Noosaville Qld 4566  The Shores
RP Description	BUP 9727, Lot 1 BUP 9727
Land Area	98.52m2
Existing Use of Land	Multiple dwelling 3 units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation
Precinct	Not applicable
Local Area Plan	Noosaville Local Plan Area
Overlays	Acid Sulfate Soils Flood Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval by renovating the front landscaped area located in front of Unit 1. The works involve:

Removal of existing pool and replacement with new plunge pool
Remove existing paving and replacement with new timber decking and paving
New privacy fence internal to the site
Pergola over pool extending into front setback
New privacy screen parallel to northern boundary

The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Elevation

Figure 4 – Rendering
background
A Town Planning Consent TPC 1984 for a multiple dwelling of 3 units was issued on 1 March 1988. As part of assessment of the application a setback relaxation was granted to Noosa Parade frontage to 4.5m and the development was permitted to exceed the maximum permissible GFA for the site by 18m².
At the time the original application was publicly notified and no submissions were received.

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 the changes to the pool do not impact on the use of the site
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:
Tourist Accommodation Zone Code;
Noosaville Local Plan Code;
Use Code;
Works Codes;
Acid Sulfate Soils Overlay and Flood Hazard Overlay Codes.
The proposed works have been assessed against the relevant codes are generally considered to comply relevant provisions. The proposed works do not increase site cover or gross floor area with the only area of non-compliance relating to setbacks.
The applicant proposes a pergola attached to the building that is setback 1.7metres from the Howard Street boundary. The pergola is located over the pool and provides an architectural feature for the pool area. Whilst the pergola will be higher than the existing block wall located along Howards Street, the existing vegetation and wide verge reduce the impacts of the open structure. (refer photograph below of existing views from Howard Street)

The applicant also seeks approval for a privacy screen located along the northern side boundary. The screen is proposed within the site and will extend approximately 1.0 metre above the existing fence. The applicant submits that the height of the screen is required to reduce overlooking from the units to the north as detailed in the photograph below. The applicant’s submission is supported and it is noted that the area directly to the north is used for landscaping and service areas.
The proposed changes are therefore recommended for approval.

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. 51987.2885.3 , to make a minor change to an existing approval for Multiple Dwelling of 3 units situated at The Shores 1/15 Howard St Noosaville Qld 4566 described as Lot 1 BUP 9727, Council on 27th January 2022 decided to:
A.	Approve the change.
B.	Amend condition 17 to read as follows:
Approved Plans
17. 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 and may be amended by these conditions and annotations on the plans.
Plan No.	Plan Name – Prepared by	Date
CP – 13 – 09	Proposed Cooldek #1 & #2 – Coastal Patios	11 September 2009
Unit 1 – 27 January 2022
L01A	Site analysis	19 May 2021
L02B	Sketch Layout	19 May 2021
L04C	Landscape Masterplan	4 June 2021
L05	Horticultural Design and Specifications	7 June 2021
L06A	Proposed Landscape Levels	9 June 2021
C.	Include the following additional conditions for Unit 1:
18. Existing vegetation in front of the Howard Street fence is to be retained.
19. Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.

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