DA Report Change Development Approval 51901.4403.02

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	51901.4403.02
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade - Development Planner
	

SUMMARY:

APPLICATION DETAILS
Application Number:	51901.4403.02
Applicant:	Mr Peter Edward Falk
Request Received Date:	31/05/2017
Original Approval Type:	Town Planning Consent (Multiple Dwellings)
Number of Submissions for Original Application:	One (1)

PROPERTY DETAILS
Property Address:	13 Angler St NOOSA HEADS  QLD  4567
RP Description:	Lot 19 RP 92522
Land Area:	727.5m2
Existing Use of Land:	Multiple Dwelling Type 4

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan
Planning Locality:	Noosa Heads Locality Semi-attached Housing Zone
Planning Zone:	
Assessment Type:	Change to Approval

PROPOSAL:

The application seeks approval for a permissible change application to delete condition 12 and 13 of original approval which relates to a performance bond and a requirement for screening vegetation to be planted along the sites southern and western boundary. The change application is in response to a previously approved permissible changes relating to alteration and extensions to the existing development.

[Note: state the specific IDAS components of the application (eg. a Development Permit for Material Change of Use (Office)).
BACKGROUND:

A Town Planning Consent for a Multiple Dwelling Development (4 attached units) was issued on 8 September 1975.Note: exipiry of appeal periods/decision outcome" \d "expiry of the applicants/submitter appeal period/s OR the issue of a Negotiated Decision Notice OR the outcome of a Planning & Environment Court appealNote: Provide brief discussion of the original approval and any subsequent approvals that have been issued in relation to the development (eg. OPW, other permissible changes.

At the time the original application was publicly notified, 1 properly made submissions and 0 not properly made submissions were received.  The submitters were primarily concerned with the inconsistency of the proposed use including the building scale and height.Note: insert very brief summary of submitter issues.Note: Provide discussion of known background information leading to the lodgement of the current application (if any), and any site history of general interest and context to the application

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development; Note: provide reasons
The change would not require the application to be referred to additional concurrence agencies;
The original application was code assessable and the change would not cause the application to become impact assessable; and
The change would not cause the approval to involve prohibited development.

On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:

Overlooking

A previous permissible change application gave approval for various alterations to the existing multiple dwelling development including a proposed viewing deck to be sited on the third storey of the development. Some concerns were raised regarding the potential for users of the deck to overlook onto the adjoining private open space area of the existing development to the south.

Good screening vegetation is in place (see images below), however is located wholly on the adjoining block and a condition of approval was therefore included for screening vegetation to be planted wholly on the subject site along the southern and western boundaries.

The applicant now requests that the condition regarding screening vegetation be deleted as the location of the garden beds impact on the proposed stormwater drainage which is proposed to be sited in this location.

Given the viewing deck is located at a 3rd storey level, removal of the condition is unlikely to be supported, however, a no objection letter has been provided from the adjoining land owner stipulating that the proposed viewing deck raises no concern. It is therefore recommended the imposed conditions be deleted.

Note: Provide an assessment of the proposal, including an assessment of whether the proposed changes comply with the planning scheme provisions that were in effect at the time the original application was made, with appropriate weight given to the current planning scheme provisions (refer to SPA).  Also, your assessment must look at the degree of change from the first, original approval, not just the difference between the current proposal and the last change that was done.  The assessment must also consider the submissions that were made during the original application

Note: Where conditions are changing, provide a list of all affected conditions showing track changes.  New words are to be shown in bold, and deleted words are to be shown with a strikethrough.  Also list and discuss any changes required to the list of approved plans and documents including any plan amendments

RECOMMENDATION

APPROVE the request to change a development approval, Application No. 51901.4403.02, situated at 13 Angler St NOOSA HEADS QLD 4567, in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to:
Note: delete the items which are not applicable

A.	Agree to Note: insert condition numbersDelete Conditions 12 and 13.
Note: insert condition numbers
Note: Provide a list of all amended conditions and approved plans as they would appear on the new Decision Notice (ie. with no track changes displayed)

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