Minor Change Report - 51988 2740 01 [As Published] · 51988.2740.01

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               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




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                                                    Figure 2 – Unit 1 Floor Plan

               2.     BACKGROUND
               A town planning consent for a multiple dwelling (2 units) was approved on 10 November 1988.
               This minor change application has been lodged as a result of compliance action which was initiated
               upon receipt of a Short Stay Letting (SSL) application which included a Floor Plan of Unit 1 which
               was not in accordance with the original approved plans for the development. The applicant was
               notified that the proposal plan, which included 3 bedrooms (where the existing sitting room was
               shown as a bedroom) was not in accordance with the approval and as such the SSL application
               could not be supported. This minor change application was subsequently lodged seeking a
               retrospective approval for internal works carried out on Unit 1 which converted the sitting room to
               a third bedroom.
               3.     ASSESSMENT
               3.1. 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.
               3.2. 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’.



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               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 include a new use and will not dramatically change the built form of the development 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.
               3.3. Statutory Instruments – Planning Scheme
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Medium Density Residential Zone Code;
               •      Coastal Communities Local Plan Code;
               •      Dual Occupancy and Multiple Dwelling Code;
               •      Works Codes.
               Condition 2
                      (2)     The plans submitted for Building Approval following requirements are to comply with
                              the
                              (a) Amendment to car parking layout to accord with Council policies and to allow
                                   satisfactory manoeuvring, to the satisfaction of the Shire Engineer.
                              (b) Sitting rooms to be endorsed "not to be used for bedroom purposes".
               Applicant’s Request
               The applicant has not specifically requested a change to Condition 2.
               Assessment of Request
               The applicant is seeking retrospective approval for internal alterations to Unit 1, whereby the ‘sitting
               room’ on the approved plans has been converted to a third bedroom. Condition 2 of the original
               approval included the requirement that the sitting rooms to be endorsed were not to be used for
               bedroom purposes. In addition, the approved plans included an annotation reiterating this
               requirement (refer to Figure 3).




                                              Figure 3 – Existing Approved Plan (First Floor)

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               The original application was approved under the 1985 Planning Scheme, which included a density
               requirement which was calculated based on the number of bedrooms in each dwelling. The
               proposal had a proposed population density of 4.8 persons, with a maximum of 5.57 persons
               allowable under the scheme at the time. The proposal to convert one sitting room to a third
               bedroom results in a total density of 5.7 persons and as such does not comply with the 1985
               Planning Scheme requirements. It is however noted that the Noosa Plan 2020 does not include
               density provisions. It is also noted that the proposal includes internal alterations only and therefore
               no changes to site cover, gross floor area or plot ratio are proposed.
               In addition, the original approval included two covered carparks and two uncovered visitor carparks
               (refer to Figure 4). The Noosa Plan 2020 requires two covered spaces and one additional space
               for a Dual occupancy, and as such the existing carparking complies with the approval and current
               planning scheme requirements.




                                       Figure 4 – Existing Approved Plan – approved carparking

               The proposal is therefore recommended for approval, with a change to Condition 2 included in the
               recommendation. The proposal provides two covered and two uncovered carparks on site, in
               accordance with the original approval requirements and Noosa Plan 2020 requirements.


               New Condition - Condition 20 – Approved Plans
               Applicant’s Request
               The applicant has not requested any additional conditions to the approval.
               Assessment of Request
               The applicant has provided an updated floor plan reflecting the Upper Floor Plan of both units,
               including the third bedroom in Unit 1. A new Approved Plans condition is therefore included in the
               recommendation.


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               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
               5.     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 No. 51988.2740.01 to make a minor change to an existing approval for
               Town Planning Consent Permit for a multiple dwelling (2 units), situated at Parkwood 21 and 1/21
               Parkedge Rd, Sunshine Beach described as Lot 0 BUP 10798 and Lot 1 BUP 10798, Council on
               10 May 2023 decided to:
               A.     Approve the change.

               B.     Amend Condition 2 to read as follows:

                      2. The plans submitted for Building Approval following requirements are to comply with the
                            a. Amendment to car parking layout to accord with Council policies and to allow
                                satisfactory manoeuvring, to the satisfaction of the Shire Engineer.
                            b. Deleted

               C.     Include the following additional Condition 20
                      Additional Conditions of 10 May 2023 – Unit 1 Only
                      20.     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
                             22-095          B      Upper Floor Plan, prepared by Kieron James          09/12/2022
                                                    Design
                                                    As annotated by Council




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