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Minor Change Report 132006.1165.01

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APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Billy Glover
Development Assessment

APPLICATION DETAILS
Application No.	132006.1165.01
Development Approval	132006.1165 – 06/1165
Applicant	Cera Watters and Dominic Watters
Request Received On	8 November 2018

PROPERTY DETAILS
Property Address	67 Seaview Tce Sunshine Beach Qld 4567
RP Description	Lot 71 RP 81810
Land Area	530.75m2
Existing Use of Land	Detached House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Natural Hazard (Slide) Natural Resources (Coastal Protection Area)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks to change an existing development approval for a Material Change of Use of premises (Detached House) located in the Coastal Protection area in the Eastern Beaches Locality.
The applicant proposes to add an additional bedroom and ensuite on an existing upper level balcony (centrally located on the northern boundary); add a roof over an existing upper level patio (northwest corner of the dwelling); extend the internal floor area onto the existing outdoor patio (upper level patio on the east elevation); and carry out internal alterations.
The proposal plans are included below with the proposed additions and alterations indicated in yellow.
Figure 1 – Site Plan

Figure 2 – Lower Floor Plan

Figure 3 – Upper Floor Plan

Figure 4 – Elevations

background
A development approval for a Material Change of Use of premises (Detached House) was issued on 19 September 2006.
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 a substantially different development as the proposal includes an additional bedroom and ensuite, patio roof form additions and internal alterations to the existing Detached House;
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 proposed changes are generally consistent with the planning scheme provisions in place at the time the original development application was made and the current planning scheme provisions.
Setbacks
The proposed additions and alterations comply with the standard setback requirements of the planning scheme, except for the proposed bedroom and ensuite on the northern elevation. The proposed bedroom and ensuite is located on the upper level and setback 1.628 metres from the side boundary in lieu of 2 metres (figures 5 & 6).
Figure 5 – Side boundary encroachment
Figure 6 – Side boundary encroachment
The proposed setback encroachment sits lower on the land than the adjoining properties to the north and west and the adjoining properties contain existing dense mature vegetation (figures 7 and 8).

Figure 7 – Proposed bedroom and ensuite side boundary encroachment

Figure 8 – Site perspective from the northwest (18 Mcanally Dr)
The proposed setback encroachment is unlikely to detrimentally impact the amenity of the adjoining neighbours as the existing view lines will be retained and the proposed built form will be screened by the existing dense vegetation on the adjoining properties. No concern is raised by the proposed setback encroachment.
Site Cover
The proposed additions and alterations are contained within the existing building footprint and therefore the site cover of the development will not be increased.
Roof Form
The proposed roof extensions are minor increases to the existing roof form and comply with the requirements of the Detached House Code. The proposed roof form is unlikely to detrimentally impact the amenity of surrounding properties and is consistent and uniform with that of the existing dwelling. No concern is raised by the proposed roof form.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council specialists:
Nil
conclusion & reasons for decision
The proposal generally complies with the requirements of the planning scheme. It is recommended that condition 1 be amended to include the proposed additions and alterations. The conditions within the existing approval suitably address the proposed.

RECOMMENDATION
With regard to Application No. 132006.1165.01, to make a minor change to an existing approval for Material Change of Use of premises (Detached House) situated at 67 Seaview Tce Sunshine Beach Qld 4567  described as Lot 71 RP 81810, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 4 January 2019 decided to:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
Additional Plans 16/01/2019
Plan No.	Rev.	Plan/Document Name	Date
250905-001C	C	Site Plan, drawn by Harris Designs and Communications Pty Ltd Updated with annotations by applicant	June 2006
A101	-	Lower Floor Plan	11/9/18
A102	-	Upper Floor Plan	11/9/18
A103	-	Elevations	11/9/18
C.	Include additional condition 15  to read as follows:
15.	To ensure privacy is protected between the adjoining properties, any window opening located on the external walls of the bedroom and ensuite addition that presents opportunities for residents to overlook the private open space area of neighbouring properties or impact the privacy of the residents of the subject property must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen

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