Minor Change Report 51985.3785.05

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	51985.3785.05
Development Approval	Material Change of Use Multiple Dwelling units
Applicant	Ian Finlay
Request Received On	6 March 2018

PROPERTY DETAILS
Property Address	Noosa Quays 17/4 Quamby Pl Noosa Heads Qld 4567
RP Description	Lot 17 BUP 9869
Existing Use of Land	Dwelling units and associated open space

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Attached Housing
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to enclose part of the existing balcony on the eastern side of Unit 17 to provide for a new study/games room. Refer Figure 2 - Partial Enclosure of balcony to Unit 17.

Figure 1 – Subject site

Figure 2 – Partial Enclosure of balcony to Unit 17
background
A Town Planning Consent to modify TPC 1724 for a Multiple Dwelling of 23 units at Quamby Place, Noosa Heads was approved by Council on 22 December 1988.
A changes application 51985.3785.02 was approved 22 December 1988.
A changes application for alteration to the approval comprising the enclosure of the balcony was approved by Council on 17 September 1998.
A minor change application for landscaping and building works to the frontage / entrance to the site was approved on 13 May 2008.
A minor change application to extend the roof over balcony was approved on 12 May 2009.
A further minor change application for alterations and additions to the caretaker’s residence was approved on 2 September 2010.
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:
Noosa Heads Locality Code
Building Works Code
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 works are minor as they are within the existing footprint of the building and does not involve common property;
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
Applicant’s Request
The application seeks approval to change TPC 1724 by partly enclosing the eastern part of the balcony area of Unit 17 (lower level) in accordance with the proposal plans in Figure 2. The enclosure amounts to a total of 8m2.
Assessment of Request
It is noted that condition 2 (a) of the approval states that … balconies fronting the river are not to be enclosed. The subject balcony is located towards Quamby Place and does not front and can’t be seen from the Noosa River. There are no other conditions of approval relevant to the change and this assessment.
The study/games room comprises about 8m², and will remain open internally (does not have a door) and therefore is not able to be used as a bedroom. Further, the balcony area remains open (no wall) towards the front of the building and is not fully enclosed. The enclosed part of the balcony is generally not visible off site. A new roof over the enclosed balcony area is proposed to replace an existing awning. This will coincide roof maintenance work within complex. The new external wall with a length of 3.3 metres will be rendered and painted to match the existing building in finish, style and colour. A window that is 1.6 metres long is centred in this wall. Body Corporate approval for the works has been obtained.
The proposed structures will contribute to an additional 8m2 of site cover to the development. The additional site cover will not create an appearance of additional bulk to the buildings. Council’s town planning report dated 12 December 1988 identified the overall site cover of the development to be 26.5%. The small increase proposed will still ensure that the development complies with the maximum site cover of 40% allowed under The Noosa Plan. Further, the proposed structures are considered to be generally in accordance with the existing development. Site cover remains unchanged.
cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
The application was not forwarded to any internal Council specialists.
conclusion & reasons for decision
The proposed change is minor and does not raise any planning concerns.  It is therefore recommended for approval .
RECOMMENDATION
With regard to Application No. 51985.3785.05, to make a minor change to an existing approval for Material Change of Use for Multiple Dwelling Units situated at Noosa Quays 17/4 Quamby Pl Noosa Heads Qld 4567 described as Lot 17 BUP 9869, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Include the following additional conditions:
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 below:-
Plan No.	Plan / Prepared by	Date
KW-DA-002	Proposed Ground Floor Plan, Unit 17 Noosa Quays, prepared by LMF Contracting	n/a

No portion of the proposed roof additions shall extend beyond the height of the existing roof line or beyond the line of the balcony floor slab below.

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