Minor Change Report MCU16 0117.02

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

APPLICATION DETAILS
Application No.	MCU16/0117.02
Development Approval	Material Change Of Use For Multiple Housing Type 4 Conventional (6 Units) & Operational Works For Earthworks, Stormwater, Driveways, Parking & Landscaping
Applicant	Anthony Lyndon Rossiter, Sean William Murphy, Anoma Rossiter and Sharon Maree Sales
Request Received On	18 July 2019

PROPERTY DETAILS
Property Address	11 Opal St Cooroy Qld 4563
RP Description	Lot 1 SP 248165
Land Area	1,534.7m2
Existing Use of Land	Multiple Dwellings under construction

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake Macdonald
Zone	Open Space Recreation
Overlays	Nil
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks to change an existing development approval with regard to the maximum allowable height of the development (8 metres). The development is near completion and it is apparent three of the four dwellings have been constructed over the 8 metre maximum building height.
The applicant submits the following:
Subsequent to the completion of the building works, a final survey of the buildings undertaken by Max Watterson and Associates has determined that the development has a maximum height of 8.85m. The maximum height of the development occurs along the roof ridgeline of the building located in the northeast corner of the site. Other buildings also incorporate minor intrusions above 8m in height, with the levels of the buildings being as follows:

Condition 4 of the development approval requires that the maximum height of the development does not exceed 8 metres above the finished ground level and the natural ground level.
Subsequently, the proposal seeks to change Condition 4 of the development approval to require that the development does not exceed 8.9 metres above the finished ground level and the natural ground level.
background
A development approval for a Material Change of Use for Multiple Housing Type 4 Conventional (6 Units) & Operational Works for Earthworks, Stormwater, Driveways, Parking & Landscaping was issued on 17 March 2017.
Originally, the approval allowed for the development of 2 x 3 bedroom, 2 x 2 bedroom and 2 x 1 bedroom residential units. The 6 units were to be within 4 re-located double storey buildings and accessed via a common driveway extending north to south through the site connecting Opal Street to Diamond Lane.
On 10 December 2018, Council approved a minor change to the development approval, the minor changes included a change to the building footprints resulting in increased site cover; variations to front and side setbacks; an increase in GFA; and amendments to bedroom composition within some of the dwellings and a resultant change to density.
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.
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 built form and finish of the development remains consistent with the approval, however three of the four buildings have been constructed exceeding the conditioned maximum building height;
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 current planning scheme provisions are generally consistent with the planning scheme at the time of the original development approval.
Condition 4 Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Applicant’s Request
With regard to the proposed change, the applicant submits the following:
The subject site is located within the Open Space Recreation Zone of the Cooroy and Lake Locality. Probable Solution S7.1 of the code seeks for development within the Open Space Recreation Zone to have a maximum height of 8m. While the proposed development would exceed 8m by 850mm at its maximum point, the development would achieve Specific Outcome O7 of the code for the following reasons:-
Each building remains a low rise structure and presents a height that is consistent with the height of the 2 storey unit building on the adjoining land to the east and other 2 storey dwellings present throughout the streetscape (notably 14 Opal Street and 64 Kauri Street).
The development maintains a maximum height of 2 storeys.
The dwellings do not visually dominate the street, surrounding spaces or the skyline as only a small portion along the ridgeline of three of the buildings exceeds 8m in height. Further, the development comprises of a variety of reclaimed weatherboard dwellings that have a small footprint, are well articulated, and consistent with the traditional character of Cooroy. The steeply pitched traditional roof are a contributing factor to the development being over-height, however are sympathetic to the desired local character of the area.
The over-height portions of the ridgelines occur centrally within the footprint of the buildings and would not impact on the privacy, amenity or sunlight received by the adjoining properties.
The development did not involve excessive filling, however, was required to be raised by approximately 1m for stormwater drainage purposes, which is another factor contributing to the over-height portions of the development.
Overall, a review of the planning scheme has determined that the proposed changes do not result in any significant issues against the outcomes of the relevant codes.
It is therefore requested that Condition 4 of the development approval be changed as follows.
Building Height
4.	 The maximum height of the development must not exceed 8 8.9 metres above the finished ground level and the natural ground level.
Assessment of Request
Each of the four approved buildings have a traditional roof form (min. 12 degrees). The portions of the buildings over height are the ridgelines of the roof form, which are centrally located within the building footprint and subsequently well setback from the site boundaries.
Following an inspection of the development and immediate area, the finished heights of the completed buildings present visually consistent with and sympathetic of the adjoining and surrounding developments. The development does not visually dominate the street or laneway as the buildings are well setback from the front and rear boundaries. The materiality of the buildings are sympathetic to and preserve the character of the neighbourhood (figures 1 and 2).

Figure 1 – Subject and adjoining development to the east (Diamond Ln)

Figure 2 – Subject and Adjoining Development to the east (Opal St)

draft planning scheme
With regard to building height, the draft planning scheme identifies the site within the Medium Density Residential Zone and is subject to a maximum building height of 8 metres, consistent with the building height under the current planning scheme.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council specialists:
Nil
conclusion & reasons for decision
The proposed height of the development complies with the specific outcomes of the planning scheme and is recommended to be supported. It is recommended condition 4 be amended to reflect the exact building heights as finished on the site, in lieu of the applicants request.
RECOMMENDATION
With regard to Application No. MCU16/0117.02, to make a minor change to an existing approval for Material Change Of Use For Multiple Housing Type 4 Conventional (6 Units) & Operational Works For Earthworks, Stormwater, Driveways, Parking & Landscaping situated at 11 Opal St Cooroy Qld 4563 described as Lot 1 SP 248165, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 29 August 2019 decided to:
A.	Approve the change.
B.	Amend condition 4 to read as follows:
The maximum height of the development must not exceed the heights specified for each of the four buildings in the table below, above the finished ground level and the natural ground level.
Building	Height (metres)
South-east	8.3
South-west	7.9
North-east	8.85
North-west	8.3

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Building Level of Roof Ridge (AHD) _| Height above Nat Surf
South-east 117.14 8.3m

Building

South-west 11688 7.9m

Building

North-east 1178 8.5m

Building

North-west 117.34 8am

Building