Delegated Report - Code - Planning 132003.220628.1

Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	132003.220628.1
Development Approval	Shop, Commercial Services & Caretaker’s Residence
Applicant	Louise Bushby
Proposal	Material Change of Use - Dwelling house
Properly Made Date	19 November 2021
Report Reviewed By	Patrick Murphy 14.03.2022
Decision Due Date	17 January 2022

PROPERTY DETAILS
Property Address	2/40 Duke St Sunshine Beach Qld 4567
RP Description	Lot 2 SP 176872
Land Area	243m²
Existing Use of Land	Mix Use

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Tourist Accommodation
Precinct	Not Applicable
Local Plan Area	Coastal Communities
Overlays	Landslide Hazard Overlay – Moderate Hazard Area
Assessment Type	Other Change to Approval Code
PROPOSAL
The applicant seeks approval to change to an existing development approval by:
Requesting that condition 2 is updated to incorporate the amended proposal plans for the caretaker’s residence which includes the conversion of a deck area to an ensuite and storage area.
The change application also seeks the caretaker’s residence use to be changed to a dwelling house use.

The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Floor Plan

Figure 3 – Elevations
site details
Background
23138 DA approved 16 October 2003 - Shop, Commercial Services and Caretaker’s residence. 23746 DA – approved restaurant and shops in the different tenancies. This was a result of the planning scheme at the time requiring code assessment for changes from shops to restaurants in the Commercial A zone. A combined application approved a change to 23138 DA (original DA) for changes to the tenancy layout and a new material change of use, 23746 DA so that these tenancies could have alternate uses in them. The Officers report for MCU approval 23746 DA and the change to 23138 DA indicated a reduction of the gross floor area of the development by 5m².
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 substantially different development as the development remains generally consistent with 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
Plans
The proposal includes a new floor layout with the conversion of the existing deck area into an ensuite and a storage area.   The proposed enclosure of the deck area (6m2) is highlighted in figure 4 below.

Figure 4 – Deck area to be enclosed.
The proposed additional gross floor area requires assessment against PO12 of the Tourist Accommodation code which specifies the maximum plot ratio for the site must not exceed 0.8:1.  As the site area is 486m2 the maximum GFA for the entire development should not exceed 388.47m2. The original approval included 220m2 of commercial GFA on ground level and 168.47m2 of GFA associated to the Caretakers residence on level 1. The total approved GFA was 388.47m2, with a Plot ratio of 0.8:1. A change application approved in 2004 reduced the commercial GFA by 5m2, resulting in the current GFA of 382.47m2 on site. The definition of GFA under the Noosa Plan 2020 results in changes to the way the areas are calculated. Previously GFA under the original approval included the stairway, however the current calculation of GFA does not include access between levels and therefore 4.95m2 of GFA can be reduced from the current site total. The current GFA of the development excluding the stairway is therefore calculated at 377.52m2 allowing for a surplus of 10.95 of GFA. The proposed infill of the deck contributes an additional 6m2 to the overall GFA (383.47m2) which equals a Plot ratio of 0.78.9:1.
Change of Use
The applicant proposes to change the approved use of Caretakers Residence to Dwelling House.   A dwelling house is a consistent use within the Tourist Accommodation zone and the proposed change of use will allow for residents to occupy the dwelling without any association to the uses within ground level. This does not raise any significant planning issues within the planning scheme and therefore the proposed change of use can be supported.
The proposed change to the plans raises no other planning matters and therefore is considered to comply with the requirements of the planning scheme.

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 132003.220628.1 to make an Other Change to an existing approval for Material Change of Use of Premises for Shop, Commercial Service (Real Estate Agency) & Caretaker’s Residence situated at 2/40 Duke St Sunshine Beach a described as Lot 2 on SP 176872, Council on 14 March 2022 decided to:
A.	Approve the change.
B.	Amend condition 2 to read as follows:
2.	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
02181-P1/3	-	Building Elevations & Shops/Office Level Floor Plan, prepared by Barry D. Hoskin & Associates – Annotated by Council	16/10/2003
02181-P2/3	-	Floor Plans, Cross Sections & Roof Plan, prepared by Barry D. Hoskin & Associates	16/09/2003
02181-P3/3	-	A.B.F. Layouts & G.F.A Calculations, prepared by Barry D. Hoskin & Associates – Annotated by Council	15/10/2003
03150-F1/1	-	Fire Services for at Shops & Carpark Floor Levels, prepared by Barry D. Hoskin & Associates – Annotated by Council	12/03/2004
03150-A1/2	-	Caretaker’s Floor Plan & Elevations, prepared by Barry D. Hoskin & Associates – Annotated by Council	12/03/2004
03150-A2/2	-	Cross Sections, Carpark & Shops Floor Plans, prepared by Barry D. Hoskin & Associates	12/03/2004
HA-2002-C Sheet 2	-	Floor Plan, prepared by Mandy Drafting Only	09/02/2022
HA-2002-C Sheet 3	-	Elevations, prepared by Mandy Drafting Only	09/02/2022

C.  	Amend the description of the development in the decision notice to read as follows:
Material Change of Use of Premises for Shop, Commercial Service (Real Estate Agency) & Dwelling House

[word/footer1.xml]
Page 7 of 7

[word/header1.xml]
3

[word/header2.xml]
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL

[Attachment: image2.png (image text)]
vr
Elevation 1-2

190

ot

cabinetry to include
drawers lower +
storage a

9 0
1200

9 3745 199)

70
900 |} 1485902400 1770
Taryishvs TT new vanity ‘she {
pe

new wall extended
drain grates —_+flooring to match

double ee existing

 

NOTE: PROVISION FOR NEW AC SYSTEM
PROVISION FOR NEW FANS
PROVISION FOR NEW CORNICES + SKIRTINGS.

[ian

a

 

 

 

 

 

 

 

 

2xTBo8CI

existing window si

to.be confirmed
1

 

200

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

bbq refurbished

 

 

ench doorsescreens + shutters

wt Wy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

dimensions to be confirmed

1900

 

 

Zw

 

 

 

 

 

 

 

 

 

 

 

 

 

 

?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     
  
    
   
    
     

Kitchen to deck

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

‘sa va 1750

 

full height pull out pantry+drawers beside

1000 3000 island 3520

ye 70

(160

 

+

   

} |


[Attachment: image3.png (image text)]
 

 

 

 

‘continued under existing roof

 

 

 

 

 

 

 

 

 

line use for storage . iin
a 11 tra. ail . | ie ews ssi omg
a poyeteaieemig ‘a The. “
—— Q 4
i
:
d i tu a
ext ren reraatmen cs ats
- cranes
Elevationt-a “rr Elevation 2-a

 

 

 

 

 

 

 

 

 


[Attachment: image4.png (image text)]
Bed
3.0x3.4m

Living Room
4.2x2.7m

Master Bedroom
4.6x4.0m,