Minor Change Report 132005.307.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Cameron Smith
Development Assessment

APPLICATION DETAILS
Application No.	132005.307.01
Development Approval	Town Planning Consent Permit 2005/307
Applicant	Ms Elizabeth Ann Huddart and Mr Michael Edward Huddart
Request Received On	30 April 2024
Report Reviewed By	Tara Norley – 8 July 2024
Decision Due Date	8 July 2024

PROPERTY DETAILS
Property Address	Noosa Dunes 30/512 David Low Way, Castaways Beach Qld 4567
RP Description	Lot 30 SP 111721
Land Area	534m2
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Coastal Communities Local Plan
Overlays	Acid Sulfate Soils – Above 5m Bushfire hazard – Medium Potential Impact and Potential Impact Buffer Coastal Protection – Coastal Protection and Scenic Amenity Landslide Hazard – High Hazard
Assessment Type	Minor Change to Development Permit

PROPOSAL
The applicant seeks approval to change an existing development permit for a Material Change of Use – Dwelling House in a Sand Dune Problem Area.
The proposed development triggers a minor change assessment as it proposes building works that are within the Coastal Protection and Scenic Amenity Overlay.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

	
Existing Ground Floor	Proposed Ground Floor
Figure 3 – Ground Floor Plans

	
Existing First Floor	Proposed First Floor
Figure 4 – First Floor Plans

	
Figure 5 – Elevations

background
The subject site is located within the Noosa Dunes estate (formerly Marcus Dunes estate), with development within the estate being required to be in accordance with a Plan of Development gazetted in January 1998. The Plan of Development depicts building envelopes, with the areas outside of the building envelopes to remain undeveloped, and natural vegetation to remain untouched.
A development permit for a Material Change of Use - Dwelling House in a Sand Dune Problem Area was approved on 19 August 2005 (132005.307). This approval was issued (with conditions) as the proposed dwelling house complied with the Plan of Development and local planning scheme outcomes with sufficient justification provided through approved plans and reference documents (including geotechnical reporting).
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 proposed development is extensions to the existing use and built form.
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;
Relevant Works Codes;
Coastal Protection and Scenic Amenity Overlay Code.
The original application was lodged and assessed under the now superseded Noosa Plan 1990. The Planning Act 2016 requires minor change applications to be assessed against the planning scheme in effect at the time of the original application (Noosa Plan 1990), however Council may give weight to the planning scheme in effect at the time of the minor change application being lodged (Noosa Plan 2020).
The site was originally zoned Special Facilities (Group Housing Development) and was subject to the Plan of Development No. 65. Under the current Noosa Plan 2020, the site is zoned Low Density Residential and is within the Coastal Communities Local Plan Area, however it is noted that Noosa Plan 2020 includes the Noosa Dunes (formerly Marcus Dunes) Plan of Development in Schedule 1 (Table SC1.2.3) as the specific requirements of the PoD have not sufficiently been incorporated into NP2020 and as such the PoD remains relevant to any development within Noosa Dunes.
The primary requirements of the Plan of Development are below:
Defines building envelopes with the balance area to be retained for natural vegetation;
Limits the floor area of dwellings to 350m2 (including garage space);
Limits site coverage to 40%;
Requires landscaping plans for the front setback area;
Limits building heights to 2 storey/8 metres with a maximum of 3 building levels;
Requires development within the Estate to be in accordance with the approved
Environmental Management Plan (EMP), which indicates that minimum disturbance should occur to the natural vegetation on site. Where vegetation is disturbed the EMP requires that the area be remediated as soon as practicable upon completion of works. Clearly the intent of the Estate is to largely retain the natural vegetation and remediate disturbance.
The proposed alterations to the dwelling house are consistent with the requirements of the PoD and both planning schemes.
Original Condition - Approved Plans
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/Site Works - Drawing No. 0305.01 B, Basement Floor Plan - Drawing No. 0305.02, Main Floor Plan - Drawing No. 0305.03 B, Upper Floor Plan - Drawing No. 0305.04 B, Elevations Drawing No. 0305.05 B, Sections - Drawing No. 0305.06 B, Perspectives - Drawing No. 0305.07, Site Cover - Drawing No. 0305.08 B prepared by Kidd & Co Designers and dated 25 February 2005;
Pavement and Stormwater Plan and Details - Drawing No. S3064/05/R1 prepared by Tate Professional Engineers and dated May 2005; and as may be amended by these conditions.
Applicant’s Request
The applicant has requested to amend the existing approved plans, stating:
On behalf of our client, we request Council to consider the following justification for a proposed minor change to the existing approved plans and decision notice at the above address.
The proposed amendment (alteration) to the existing dwelling house will include a proposed lift and associated shaft. A portion of the existing drying yard will be altered to make space for the proposed lift. The proposal will improve the useability of the existing dwelling house to allow access to and from the ground floor to first floor. The proposal is requested to improve usability and functionality and will not impact on the adjoining lots or the existing Material Change of Use (Development Permit) approval for the dwelling Houe in a sand dune problem area.
Assessment of Request
The minor change request is to undertake building alterations/additions to a dwelling which was previously approved for a Material Change of Use – Dwelling House use.
The building works are to alternate part of the dwelling house to add a two-storey lift.
Site Cover
The applicant has stated that the total site cover resulting from the development is remaining unchanged from the original 214m2 (both storeys) equating to 40% of total site coverage. This calculation appears to be incorrect as the lift introduces additional roofed built form that was a previously un-enclosed drying area. The additional site cover equates to only an additional 2.96m2 (totalling 217m2) which equates to 40.6% site cover, does not exceed the 40% total site cover benchmark of AO8.1 in the Low Density Residential Zone Code. Therefore, the alterations are considered to be inconsequential for additional site coverage.

	
Figure 6 – Existing	Figure 7 – Proposed Site Cover Additions

Building Envelope
Add assessment (ie its entirely within the envelope approved under the PoD).

The proposed works do not trigger any non-compliance with the scheme because:
The additional site cover increases do not create increase over the permitted 40% total site cover limit
The lift will not increase the gross floor area of the dwelling as the lift is excluded under the planning scheme administrative terms definition
The lift complies with all existing setbacks
The construction of the lift will not result in any vegetation clearing or significant earthworks
As a result, there are no further requirements for assessment.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The applicant seeks approval to change an existing development permit for a Material Change of Use – Dwelling House in a Sand Dune Problem Area. Th changes relate to building additions/alterations to construct a two storey which will be extended on top of an outdoor unenclosed patio area.
The proposed development generally complies with the requirements of the approved Plan of Development (No. 65) over the site and 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 83(9) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132005.307.01, to make a minor change to an existing approval for a Material Change of Use – Dwelling House situated at Noosa Dunes 30/512 David Low Way Castaways Beach described as Lot 30 SP 111721, Council on 8 July 2024 decided to:
A.	Approve the change.
B.	Amend conditions 1.1 to read as follows:
Approved Plans
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
WD.101	P5	Site Plan, prepared by CT Design	25 June 2024
0305.02	B	Lower Floor Plan, prepared by Kidd + Co Annotated by Council	25 February 2005
0305.03	B	Mid Floor Plan, prepared by Kidd + Co Annotated by Council	25 February 2005
WD.203	P5	Proposed Ground Floor, prepared by CT Design	25 June 2024
0305.04	B	Top Floor Plan, prepared by Kidd + Co Annotated by Council	25 February 2005
WD.204	P5	Proposed First Floor Plan, prepared by CT Design	25 June 2024
0305.05	B	Elevations, prepared by Kidd + Co Annotated by Council	25 February 2005
WD.501	P5	West Elevations, prepared by CT Design	25 June 2024
WD.502	P5	South Elevations, prepared by CT Design	25 June 2024
0305.06	B	Sections, prepared by Kidd + Co Annotated by Council	25 February 2005
WD.601	P5	Section, prepared by CT Design	25 June 2024
WD.602	P5	Section, prepared by CT Design	25 June 2024
S3064/05	1	Pavement and Stormwater Plan and Details, prepared by Tate Professional Engineers	May 2005

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