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Minor Change Report OPW24 0039 01 (As Published)

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Development Engineer, Diogo Carrico,
                                       Coordinator Engineering, Mark Lewis
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                  OPW24/0039.01

                    Development Approval             OPW24/0039
                                                     Development Permit for Operational Works – Earthworks,
                                                     Frontage Work, Landscaping, Stormwater, Vehicle Crossover

                    Applicant                        Lucy Jane Ferraro, Christopher Graham Ferraro and 3 Bays
                                                     Project

                    Request Received On              25 February 2025

                    Report Reviewed By               Will Lowe – 2/06/2025

                    Decision Due Date                N/A


                    PROPERTY DETAILS

                    Property Address                 11 Margit Cres Sunrise Beach Qld 4567

                    RP Description                   Lot 135 RP 132135

                    Land Area                        635 m²

                    Existing Use of Land             Residential


                    STATUTORY DETAILS

                    SEQRP Designation                Urban Footprint

                    Zone                             Medium Density Residential

                    Precinct                         Not Applicable

                    Local Area Plan                  Not Applicable

                    Overlays                         Not applicable

                    Assessment Type                  Code



               1.      PROPOSAL
               The applicant seeks approval to change to an existing development approval OPW24/0039.

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Document Set ID: 23639352
Version: 0, Version Date: 01/01/1900
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               The locality and site plan are included below.




                                                        Figure 1 – Locality




                                                        Figure 2 – Site Plan

               2.     BACKGROUND
               A development approval for Operational Works (Earthworks, Frontage Works, Landscaping,
               Stormwater and Crossover) was approved on 21 June 2024.
               The subject change application is a result of minor amendments undertaken to the dwelling layout
               which do not implicate on any of the engineering aspects of the project. The associated higher
               order approval (MCU20/0037.02) was also subject to a change application. This change was
               approved on 12 May 2025.

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               Only changes to Condition 1 (Approved Plans) of the subject have been considered – refer below.
               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
               •      Noosa Plan 2020 (25 September 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’.
               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:
                      o     involve a new use; or
                      o     result in the application applying to a new parcel of land; or
                      o     dramatically change the built form in terms of scale, bulk and appearance; or
                      o     change the ability of the proposed development to operate as intended; or
                      o     remove a component that is integral to the operation of the development; or
                      o     significantly impact on traffic flow and the transport network, such as increasing traffic
                            to the site; or
                      o     introduce new impacts or increase the severity of known impacts; or
                      o     remove an incentive or offset component that would have balanced a negative impact
                            of the development; or
                      o     impact on infrastructure provisions.
               •      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 original application was lodged and assessed under the now superseded add relevant
               planning scheme. Pursuant to s81 of the Planning Act 2017, Council must consider the planning
               scheme in effect when the original development application was lodged, however Council may give
               weight to Noosa Plan 2020 as the planning scheme in effect at the time of the minor change
               application being lodged.
               The following codes from Noosa Plan 2020 are applicable to this development:
               •      Works Codes.
               Existing Condition 1
               1.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the tables below. The plans must be amended to incorporate
                      the amendments listed within the table below and resubmitted to Council prior to the
                      commencement of frontage works.

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                         Plan No.          Rev.       Plan/Document Name                              Date

                         C001              B          Locality Plan & Drawing Schedule                8/3/2024

                         C004              B          Earthworks Plan                                 8/3/2024

                         C005              B          Typical Site Sections                           8/3/2024

                         000               B          Cover Sheet, prepared by Agla                   14/03/24

                         001               B          Landscape Notes, prepared by Agla               14/03/24

                         101               B          Landscape Plan Level 1, prepared by Agla        14/03/24

                         200               B          Landscape Details, prepared by Agla             14/03/24

                         201               B          Landscape Details prepared by Agla              14/03/24

                      The following plans require amendment.

                         Plan No.             Rev.     Plan/Document Name                             Date

                         C003                 B        General Layout Plan                            8/3/2024

                         C006                 B        Stormwater Drainage & Levels Plan              8/3/2024

                         Amendments           Provide amended plans prior to the commencement of frontage
                                              works showing the 2m footpath width extended for the full length of
                                              the Developments frontage to Margit Crescent.
                                              Note – the transition into the existing footpath width is to occur
                                              outside of the site’s frontage to ensure consistent connections can
                                              be provided for future developments.

                         Plan No.      Rev.        Plan/Document Name                                    Date

                         002           B           Planting Schedule, prepared by Agla                   14/03/24

                         003           B           Planting Images, prepared by Agla                     14/03/24

                         100           B           Landscape Plan Ground Floor, prepared by Agla         14/03/24

                         Amendments The landscape plans must be resubmitted prior to the commencement of
                                    associated works and incorporate the following:
                                              a.     Substitute Calathea lutea with plant species that will provide an
                                                     effective buffer for maintaining privacy for adjoining uses, such
                                                     as Acronychia imperforate, banksia integrifolia, backhousia
                                                     myrtifolia, or other native small tree species identified in the
                                                     Planning Scheme Policy 2 – landscaping.
                                              b.     Substitute Ilex crenata sky pencil with species such as
                                                     syzygium austral ‘Straight and narrow’ or Callistemon viminalis
                                                     ‘Slim’, or other native small tree species identified in the
                                                     Planning Scheme Policy 2 – landscaping.
                                              c.     Additional street tree on the southern side of the driveway.



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               Applicant’s Request
               The applicant has requested existing condition 1 be replaced to reflect the new approved plans.
               Assessment of Request
               Council considers the request relevant for the changes proposed. It is noted that the recently
               submitted landscape plans require further amendment to comply with the recently approved
               MCU20/0037.02.
               Recommendation
               It is recommended existing condition 1 be amended to read as follows:
               1.     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

                         C6519/25/E01             “Earthworks Layout Plan”                      February 2025
                                                  Prepared by Walsh Consulting Engineers

                         C6519/25/E02             “Earthworks Sections Plan”                    February 2025
                                                  Prepared by Walsh Consulting Engineers

                         C6519/25/R01             “Roadworks and Services Layout Plan”          February 2025
                                                  Prepared by Walsh Consulting Engineers

                         C6519/25/D01             “Drainage Layout Plan”                        February 2025
                                                  Prepared by Walsh Consulting Engineers

                      The following plans require amendment.

                         Plan No.       Rev.    Plan/Document Name                                     Date

                         LD1            B       Drawing Schedule, Specifications, prepared by 5/2/2025
                                                Bird Landscape Design

                         LD2            B       Finishes and Planting Schedules, prepared by Bird 5/2/2025
                                                Landscape Design

                         LD3            B       Details, prepared by Bird Landscape Design             5/2/2025

                         LP1            B       Planting Plan – Ground Level, prepared by Bird 5/2/2025
                                                Landscape Design

                         LP2            B       Planting Plan – Level 1, prepared by Bird 14/3/2024
                                                Landscape Design

                         Amendments The landscape plans must be resubmitted prior to a prestart meeting and
                                    incorporate the following:
                                             a. substitute Calathea lutea with plant species that will provide an
                                                effective buffer for maintaining privacy for adjoining uses, such as
                                                Acronychia imperforate, banksia integrifolia, backhousia
                                                myrtifolia, or other native small tree species identified in the
                                                Planning Scheme Policy 2 – landscaping.


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                                            b. Substitute Baloskion tetraphylla and westringia ‘Jervis Gem’ with
                                               species such as banksia robur, hovea acutifolia, grevillea sp, or
                                               other native medium shrub species identified in the Planning
                                               Scheme Policy 2 – landscaping.
                                            c. street tree provided on the northern and southern side of the
                                               driveway.




               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 83(9) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. OPW24/0039.01 to make a minor change to an existing approval
               for Operational Works (Earthworks, Frontage Works, Landscaping, Stormwater and Crossover)
               situated at 11 Margit Cres Sunrise Beach Qld 4567 and described as Lot 135 RP 132135, Council
               on 2 June 2025 decided to:
               A.     Approve the change.
               B.     Amend condition 1 to read as follows:
                         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

                         C6519/25/E01             “Earthworks Layout Plan”                    February 2025
                                                  Prepared by Walsh Consulting Engineers

                         C6519/25/E02             “Earthworks Sections Plan”                  February 2025
                                                  Prepared by Walsh Consulting Engineers

                         C6519/25/R01             “Roadworks and Services Layout Plan”        February 2025
                                                  Prepared by Walsh Consulting Engineers

                         C6519/25/D01             “Drainage Layout Plan”                      February 2025
                                                  Prepared by Walsh Consulting Engineers

                      The following plans require amendment.



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                         Plan No.      Rev.   Plan/Document Name                                     Date

                         LD1           B      Drawing Schedule, Specifications, prepared by 5/2/2025
                                              Bird Landscape Design

                         LD2           B      Finishes and Planting Schedules, prepared by Bird 5/2/2025
                                              Landscape Design

                         LD3           B      Details, prepared by Bird Landscape Design             5/2/2025

                         LP1           B      Planting Plan – Ground Level, prepared by Bird 5/2/2025
                                              Landscape Design

                         LP2           B      Planting Plan – Level 1, prepared by Bird 14/3/2024
                                              Landscape Design

                         Amendments The landscape plans must be resubmitted prior to a prestart meeting and
                                    incorporate the following:
                                           a. substitute Calathea lutea with plant species that will provide an
                                              effective buffer for maintaining privacy for adjoining uses, such as
                                              Acronychia imperforate, banksia integrifolia, backhousia
                                              myrtifolia, or other native small tree species identified in the
                                              Planning Scheme Policy 2 – landscaping.
                                           b. Substitute Baloskion tetraphylla and westringia ‘Jervis Gem’ with
                                              species such as banksia robur, hovea acutifolia, grevillea sp, or
                                              other native medium shrub species identified in the Planning
                                              Scheme Policy 2 – landscaping.
                                           c. street tree provided on the northern and southern side of the
                                              driveway.


               C.     Issue a Changed Decision Notice




                                                                                                      Page 7 of 7

Document Set ID: 23639352
Version: 0, Version Date: 01/01/1900

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