Minor Change Report 51995.1530.04

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	51995.1530.04
Development Approval	Town Planning Consent for a group housing development (5 units)
Applicant	Robert Leonard Jackson
Request Received On	14 July 2020

PROPERTY DETAILS
Property Address	Esplanade Heights 4/18 Peregian Esplanade, Peregian Beach
RP Description	Lot 4 on GTP105556
Land Area	1540m2 (whole site) 219m2 (Lot 4)
Existing Use of Land	Multiple dwellings (5 units)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Semi-Attached Housing
Zone	Eastern Beaches
Overlays	Landslide Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval for a group housing development (5 units). The proposal is for alterations and additions to existing Unit 4, including:
7.0m2 addition to the First Floor eastern elevation (bedroom extension) (Figure 3 and 5);
2.5m2 addition to the First Floor rear elevation (bathroom extension) (Figure 3 and 7);
1.9m2 addition to the Second Floor northern elevation (enclosing the existing terrace area to extend the rumpus) (Figure 4);
inclusion of a lift located on the common wall between Unit 4 and Unit 3, servicing all three storeys of Unit 4 (Figures 2, 3 and 4);
a new external staircase along the rear of the property, allowing direct access from the Second Floor to the outdoor private space area to the rear of the dwelling (Figures 3, 4 and 7);

Figure 1: Subject Site

Figure 2: Ground Floor

Figure 3: First Floor

Figure 4: Second Floor

Figure 5: Proposed eastern elevation

Figure 6: Existing eastern elevation

Figure 7: Proposed rear (western) elevation
background
A development approval for a Group Housing Development was approved by Council on the 20 October 1995, comprising 5 x 3 bedroom units within three detached buildings, each two storeys in height;
A permissible change (51995.1530.02) was approved on 11 October 2004 for a pool to be located to the rear of Unit 4;
A permissible change (51995.1530.03) was approved by Council on 15 November 2010 for an additional bedroom and a 17m2 additional deck area to be located on the upper level northern and eastern façade of Unit 5;
A Generally in Accordance was issued on 22 May 2014 for an extension to the deck on Unit 3; and
A minor change application (51995.1530.05) was approved 24 December 2020 for additions and alterations to Unit 5 (partially roof an existing deck on the upper level of Unit 5).
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:
Eastern Beaches Locality Code;
Residential Uses Code;
Landscaping Code; and
Engineering Works Codes.
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 does not dramatically change the built form in terms of scale, bulk and appearance;
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
Site Cover
The current site cover is 32% (460m2) as per the 8 November 2010 Planning Report (51995.1530.03) which approved a 16.3m2 extension of the upper level deck on Unit 5, increasing the originally approved 31% site cover. The existing site cover complies with the Noosa Plan 2020 site cover requirement of 40%. It is noted that the site cover definition under the 1997 Planning Scheme stated ‘the area covered by buildings is measured to include the area contained within the projection of the outer limits of the buildings’. Therefore, as the proposed changes are located entirely within the existing footprint of the building, the proposal does not increase the approved site cover, which was measured to the outer limits of the building.
Gross Floor Area (GFA)
As per the above extract from the Planning Report (Figure 8) for the original application, the existing development exceeded the allowable GFA under the 1997 Planning Scheme.

Figure 8: Extract from Planning Report 25/08/95
The proposal includes the following additional GFA:
7.0m2 addition to the First Floor eastern bedroom;
2.5m2 addition to the First Floor rear bathroom; and
1.9m2 addition resulting from enclosing the Second Floor northern terrace to the rear.
It is noted that Under Noosa Plan 2020, the definition for gross floor area has been amended to exclude ‘access between levels’, whilst the definition for GFA under the 1997 scheme only excluded the area of stairwells on the ground floor. As such, the new GFA definition results in the existing stair areas on the First and Second Floors and the new lift areas on all three storeys being excluded from the GFA calculation. This results in a reduction in GFA of 15.6m2 in accordance with the Noosa Plan 2020 GFA definition. As such, there is no net increase in GFA to Unit 4 proposed.
Amenity Impacts (Noise and View Lines)
Specific Outcome O1 of the Eastern Beaches Locality Code states
Uses are located, designed and operated to avoid significant adverse changes to the light, air quality, noise, accessibility or other conditions enjoyed by users of associated, adjoining or nearby uses.
The proposed lift has potential to result in adverse impacts on adjoining Unit 3 in terms of noise and vibration, whilst the proposed additions to the front of Unit 4 will slightly impede the view lines of Unit 3. It is noted however that Unit 3 and Unit 4 are currently under the same ownership, and as such, any adverse impacts from the proposed changes to Unit 4 are recognised and accepted by the current property owner of Unit 3.
In addition, the applicant provided a ‘Lift Noise Assessment’ prepared by Acoustic Works as part of the application material. The Assessment recommends a number of measures be implemented to ensure compliance with desired noise and vibration levels to ensure minimal impacts on adjoining Unit 3 residents. This report will be Conditioned to be complied with.
Administrative change to update condition numbering
It is noted that previous change approvals has resulted in incorrect condition numbering over previous Decision Notices. As such, numbering will be updated to include:
51995.1530.02 – Additional Conditions (11 October 2004) will be renumbered to 24 to 30;
51995.1530.03 – Additional Conditions – specific to Lot 5 on GTP105556 - 15 November 2010 to be renumbered to 31 to 33;
51995.1530.05 - Additional Conditions – specific to Lot 5 on GTP105556 - 23 December 2020 to be renumbered to 34 to 36;
51995.1530.04 - Additional Conditions – specific to Lot 4 on GTP105556 – 8 February 2021 to be numbered 37 to 38.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed development seeks a minor change to a Town Planning Consent for a group housing development (5 units). The original application was approved under the 1997 Planning Scheme, whilst the minor change application was submitted under Noosa Plan 2020. The proposal includes extensions to the dwelling. Based on the Noosa Plan 2020 definition of GFA, the proposed changes do not result in any net gain in GFA and does not increase any non-compliances with the scheme. Therefore, the minor change application is supported
RECOMMENDATION
With regard to Application No. 51995.1530.04, to make a minor change to an existing approval for a group housing development (5 units) situated at Esplanade Heights, 4/18 Peregian Esplanade, Peregian Beach and described as Lot 4 on GTP105556, Council on 8 February 2021 decided to:
A.	Approve the change,
B.	Include the following additional conditions:
Additional Approved Plans – Lot 4 on GTP105556 – 8 February 2021
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
080.01	C	Existing Site Plan, prepared by Shaun Lockyer Architects	14.12.20
100.01	C	Proposed Plan, prepared by Shaun Lockyer Architects	14.12.20
110.00	B	Existing Roof Plan, prepared by Shaun Lockyer Architects	29.06.20
110.01	B	Ground Floor Plan, prepared by Shaun Lockyer Architects	29.06.20
110.02	B	First Floor Plan, prepared by Shaun Lockyer Architects	29.06.20
110.03	C	Second Floor Plan, prepared by Shaun Lockyer Architects	14.12.20
130.01	C	Existing Eastern Elevation and Existing Western Elevation, prepared by Shaun Lockyer Architects	23.10.20
130.02	B	Existing Northern Elevation, prepared by Shaun Lockyer Architects	29.06.20
130.03	B	Existing Southern Elevation, prepared by Shaun Lockyer Architects	29.06.20
140.01	B	Existing Section, prepared by Shaun Lockyer Architects	29.06.20
200.00	C	Proposed Roof Plan, prepared by Shaun Lockyer Architects	23.10.20
200.01	C	Proposed Ground Floor Plan, prepared by Shaun Lockyer Architects	23.10.20
200.02	C	Proposed First Floor Plan, prepared by Shaun Lockyer Architects	23.10.20
200.03	D	Proposed Second Floor Plan, prepared by Shaun Lockyer Architects	14.12.20
300.01	C	Proposed Eastern Elevation and Proposed Western Elevation, prepared by Shaun Lockyer Architects	14.12.20
300.02	B	Proposed Northern Elevation, prepared by Shaun Lockyer Architects	23.10.20
300.03	C	Proposed Southern Elevation, prepared by Shaun Lockyer Architects	14.12.20
400.01	C	Section 1, prepared by Shaun Lockyer Architects	14.12.20
400.01	B	Section 2, prepared by Shaun Lockyer Architects	23.10.20
400.03	B	Section 3 and Section 4, prepared by Shaun Lockyer Architects	23.10.20
400.04	B	Section 5 and Section 6, prepared by Shaun Lockyer Architects	23.10.20
The development must be under taken generally in accordance with document 2020346 LC1C, rev. IA 4-18 Peregian Esplanade, Peregian Beach – Lift Noise Assessment, prepared by Acoustic Works and dated 15 October 2020
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016

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‘Town Planning Department’s Report 25/8/95 - OM 7/9/95,

Page 34

As indicated by the applicant, the actual site area is 1540m? and the proposal fully
meets the scheme requirements. A comparison of the proposal and planning scheme
performance criteria for the entire site and reduced site area is detailed below.

 

 

 

 

 

 

 

Criteria Proposal- | Proposal- | Planning Planning
(original) (revised) Scheme based | Scheme entire
Entire Site | Reduced site /onreduced | site
area area
Site Area: 1540 1368 600 Minimum | 600 Minimum
Population 16.5 persons | 16.5 persons | 16.4 persons | 16.5 persons
Density:
Gross Floor | 740m? 728m? 656m Sem 740 o|*
Area:
Site Cover: | 36% 31% 40% 40%
Landscaped 660m? 691m? 660m? 660m?
Open Space: