Minor Change Report 51997.2283.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	51997.2283.02
Development Approval	Minor Change to Material Change of Use for Multiple Dwelling Units
Applicant	EarthCert Pty Ltd
Request Received On	26 August 2020

PROPERTY DETAILS
Property Address	Hilton Park 6/80-86 Hilton Tce Noosaville
RP Description	Lot 0 SP 120741 (Unit 6)
Land Area	4035m2  (2146m2 relating to approval site size)
Existing Use of Land	Multiple Dwelling Units x 10

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Medium Density Residential
Assessment Type	Minor Change to Development Approvals

PROPOSAL
The applicant seeks approval to change an existing development approval for a Material Change of Use (Multiple Dwelling Units x 6).  It is proposed to amend Unit 6 by enclosing part of an existing balcony, extending a bathroom and bedroom into an existing internal courtyard.  The changes result in an additional 15m2 of gross floor area and site cover across the site.

background
A development approval over Lot 1 RP104599 & Lot 2 MCH3930 (11876TC – 51997.2283) for a Material Change of Use (Multiple Dwelling Units x 6- Building B) was approved in 1998.  Unit 6 is part of this approval.
A development approval over Lot 2 RP32784 (12530TC – 51997.2397) for a Material Change of Use (Multiple Dwelling Units x 4- Building A) was approved in 1998.
The above development approvals related to 3 separate lots at that time. These lots were then amalgamated to form Lot 3 SP110328, the survey plan reflects the built form – 10 units and common property.
In 1998 a Building approval was issued for 10 units (combining the 2 planning approvals above). It is noted that the GFA specified on the building plans are slightly different from that stipulated in the planning approvals. The GFA was 1029.4m2 (1031.5m2 max permitted) and site cover 730.9m2 (34%) for Lot 1 RP104599 & Lot 2 MCH3930. For Lot 2 RP32784 the GFA was 899.2m2 (900m2 max permitted) and site cover 593.1 (33%). This was calculated from building plans over lot sizes 2149m2 & 1877m2 respectively. The maximum permissible site cover under the planning scheme at that time was 40%.
An approval for Operational works was approved in 2008 for a pontoon.
On 28 October 2016 a Generally in Accordance request was issued for Unit 2 (12530TC – approval for 4 units) that supported some internal reconfiguring of the unit and additional floor space (approximately 15m2), which included a part enclosure of the balcony, and extension to the bathroom into the courtyard area.  This proposal bought the gross floor area total for the entire site to 1892m2, which was over and above what was allowed for the site.
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:
Noosaville Local Plan Code
Medium Density Residential Code
Medium Density Zone 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 proposal is minor in nature due to a small increase of GFA and site cover relating to an approved use;
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 proposal relates to approval number 11876 TC as it affects Unit 6. The original development was approved at 975m2 gross floor area and 40% site cover. At that time the allowable gross floor area (GFA) was 1028m2 and 40% respectively (over the 2146m2 land area it was approved under). Under Noosa Plan 2020 for the Medium Density Residential zone, the allowable site cover is also 40% and a plot ratio of 0:4:1 (858.4m2). The proposal seeks to change Condition 27 as follows:
Condition 27
Submission to and approval by Council of building plans in accordance with the Building Act, Council’s By-laws and Policies, the conditions of this approval and substantially in accordance with plans 9714 SK10-12 drawn by Frank Macchia Architect and dated March 1998 and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.
Applicant’s Request
The applicant has submitted plans that require extensions to Unit 6 as described in the proposal section of this report which contribute to additional site cover and gross floor area.
Assessment of Request
This proposal adds an additional 15m2 to gross floor area and 12m2 to site cover. Performance outcome PO11 of the Medium Density zone code requires a maximum plot ratio of 0.4:1 which equates to a maximum of 858.4m2 of gross floor area for the site subject to the approval or 1614m2 for the entire site (both approvals over 4035.5m2). It is noted that what is currently approved, with respect to plot ratio/gross floor area of 0.4:1, the development does not comply with the current provisions under Noosa Plan 2020.

Table 1 considers what has been previously approved, the proposal and what is allowed under Noosa Plan 2020.

	Approved – Pre Noosa Plan	Noosa Plan 2020 0:4.1 and 40%	Complies with Noosa Plan?
Gross Floor Area	975m2 plus for this proposal 15m2, totalling 990m2	858.4m2	x
Site Cover	40% (858m2)	Additional 12m2, totalling 40.5% (870m2)	x
Table 1 – relevant approval relating to approval for 6 units

Table 2 considers both approvals across the entire site (4035m2) and establishes that although the proposal does comply with the gross floor area provisions for the 1995 Planning scheme, it does not comply with Noosa Plan 2020. It is noted in this instance, that site cover across the site (including this proposal is 37.14%).

	11876 TC (Units 5-10) – this approval	12530TC (Units 1-4)	Total over site with this proposal	Pre Noosa Plan compliance	Noosa Plan 2020 Compliance 0.4:1
Gross Floor Area	975m2 + this proposal 15m2 = 990m2	897m2	1887m2	1928.48m2	1614m2 x
Table 2 – entire site – 2 planning approvals
The proposal complies with the planning scheme at the time of the original approval, but does not comply with Noosa Plan 2020 or the superseded Noosa Plan 2006. The proposal includes enclosure of an existing courtyard and landscape area which reduces outdoor open space area for Unit 6 and in turn increases the buildings footprint, increasing the bulk and scale of the development. The intent of the Medium Density residential zone is to maintain the small scale character and increasing the footprint of existing buildings where no allowable gross floor area is available for the site, is not supported.
cONSULTATION
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed change to the development results in additional GFA which increases the bulk and scale of the development greater than what Noosa Plan envisages and is therefore not supported.

RECOMMENDATION
With regard to Application No. 51997.2283.02, to make a minor change to an existing approval for Material Change of Use (Multiple Dwelling Units) relating to Unit 6, situated at Hilton Park 6/80-86 Hilton Terrace Noosaville described as Unit 6 SP120741, Council on 8 October 2020 decided to:
Refuse to make the change for the following reasons:
The proposal does not comply with the Performance Outcome PO11 of the Medium Density Zone code in Noosa Plan 2020 and will result in:
Increased bulk and scale;
A decrease of private open space for Unit 6; and
A reduction in the extent of landscaping provided for the site.
The proposal is contrary to the Overall and Performance Outcomes of the Dual Occupancy and Multiple Dwelling Code in Noosa Plan 2020 as:
The existing building is of a bulk and scale that is not consistent with the character existing and sought for the area and the proposed changes will contribute additional bulk and scale; and
The proposed changes will reduce the private open space of Unit 6 and the extent of landscaping on site.

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