Minor Change - Planning Report Duplex Sept 21 · 131998.981050.2

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Contents
1.0     Summary..................................................................................................................................................... 3
2.0     Site Details .................................................................................................................................................. 3
3.0     Background ................................................................................................................................................. 4
3.1     Existing Approval......................................................................................................................................... 4
3.2     Breach Action .............................................................................................................................................. 5
4.0     Proposed Development Details.................................................................................................................... 5
5.0     Planning Assessment ................................................................................................................................... 6
5.1     Assessment Matters .................................................................................................................................... 6
5.2     Gross Floor Area – Deck Extension ............................................................................................................... 6
5.3     Undercroft .................................................................................................................................................. 7
6.0     Conclusion................................................................................................................................................... 7



Client Name:          R & J Winten
Prepared by:          Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:              1
Date:                 23 September 2021



This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.




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1.0   Summary

Proposed development:        Minor Change to Existing Approval 12612DA
Site address:                Units 2, 25 Elanda St, Sunshine Beach
Real property description:   1 & 2 SP120747
Site area:                   Total Site Area = 774m2
                             Lot 2 = 232.1m2
Assessment manager:          Noosa Council
Owner details:               Lot 2 – R & J Winten
State Planning Policy:       Nil
Regional Plan:               Urban Footprint
New Noosa Plan Zone:         Medium Density Residential
Applicable Overlays:         Nil
Referral Agencies:           Nil


2.0   Site Details
Site characteristic          Description
Existing land use            Duplex Dwelling
Frontage and access          15m to Elanda Street
Topography and views         The site is relatively flat with a slight slope to the east at the rear
                             of the site.
Existing vegetation          No vegetation is proposed to be removed as part of the change.
Surrounding development      East – Duplex dwellings at 23, 25 and 27 Duke St with floor
                             levels 2m below the adjoining boundary fence. Each of the
                             duplexes include pools within their rear setback area.
                             South – An existing house with a rear setback of less than 2m.
                             North – An existing house with substantial vegetation in the rear
                             setback.




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Figure 1: Aerial view and site identification
Source: Noosa Council Mapping System


3.0      Background

3.1      Existing Approval
On the 25 August 1998, Council issued an approval for a duplex dwelling (12612 DA). The building
was subsequently constructed with the proposed pool not being built, as shown on the approved
plans below.




Figure 2: Existing Approval Site Plan



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3.2        Breach Action
On the 1 May 2019, Council issued a breach letter to the previous owner (J Briggs) regarding the
use of the downstairs unit 2 area as a self-contained unit. To resolve the matter, Council suggested
removing the unapproved section and complying with the approved plans.
The owner of unit 2 has resolved to not use this downstairs unapproved area, as the proposed
development cannot comply with the minimum 0.45:1 plot ratio requirement. In this regard, the
following photos show this downstairs area which was decommissioned and used as a storage space
for non-habitable purposes.




Figure 3: Photos of the Lower Ground Floor Areas east of the existing stairwell (22 June 2019).
On the 27 June 2019, an application was made to change conditions 15 (approved plans) and 16
(4m rear setback) of 12612 DA, to allow for the existing decks on the middle floor. The application
was subsequently withdrawn on the 24 September 2019 and the current owner has removed the
deck unapproved extension.
The property was sold in late 2020 and the new owner has inherited the issues associated with the
undercroft area.


4.0       Proposed Development Details
This current application seeks approval for the following changes:
      -   Formalise existing undercroft area, including removal of screen doors and new high level
          louvred windows and screening devices between the property and the southern property
          boundary.
      -   Enclose deck on Upper Floor (6m2)




Figure 4: Proposal Site Plans




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5.0     Planning Assessment
5.1      Assessment Matters

A minor change under The Planning Act 2016 must not result in substantially different development;
not cause the inclusion of prohibited development; require referral to additional agencies; or public
notification (if not required originally).

The proposal seeks to formalise the undercroft area adjoining the future pool / landscape area. There
are no additional referral agencies, public notification was originally undertaken, the development
does not include prohibited development and/or result in substantially different development.

In accordance with Section 81 of The Planning Act 2016, when assessing a minor change - Council
must only have regard to the relevant information within the application; any properly made
submission at the time of the original approval; all matters the Council would, or may assess against,
or have regard to if the application were a development application; and any other matter the Council
considers relevant.

There were no submissions to the original approval and was approved under the Superseded
Planning Scheme and the changes are considered to meet the minor change test.

5.2      Gross Floor Area – Deck Extension

The original approval calculated the Gross Floor Area for the duplex as 339m2 (0.43:1 plot ratio), as
shown below.




The definition of Gross Floor Area has changed since the original assessment and does not include
stairs on any level, which removes a further 6m2 of GFA originally calculated. The enclosure of the
deck on the top level adds a further 6m2 and results in a GFA equivalent to what was existing.

The enclosure of the deck does not result in any further encroachments into setbacks and is a more
appropriate design for the bedroom on this top level.




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5.3      Undercroft

The original plans provided for an undercroft area adjoining the eastern landscaping area, as shown
below.




Figure 5: Undercroft elevations and recent landscaping


The undercorft area adjoins the eastern landscaping area for the future pool. In negotiation with the
adjoining owner along the southern boundary - the applicant has reinstated natural ground levels,
erected a 2m high solid timber fence, planted 45Ltr Lilly Pilly screening vegetation and removed any
openings to the existing undercroft area.

This area is used as an open ‘pool house’ and ‘storage area’ adjoining the level garden area.
Considering the substantial works to reinstate the original ground levels, limit access and changes
to the undercroft facades - the applicant seeks for Council’s discretion to not consider this existing
storage area as Gross Floor Area.


6.0      Conclusion
The proposed minor change to the existing approval for a duplex dwelling (12612 DA) to enclose a
6m2 deck on the top floor adjoining the bedroom and formalise the rectification works to the
undercroft is not considered substantially different development.

The assessment finds the change is compatible with surrounding development and the
circumstances of the site including reinstating natural levels, building façade changes and mature
landscaping to neighbours.

The Assessment Manager’s favourable consideration of the above development application is
therefore recommended, subject to the following wording changes to conditions 15 and 16 of 12612
DA (deleted strikethrough, additions bold underlined):

15.    Development undertaken in accordance with this approval must generally comply with the
       approved plans of development. The approved plans are numbered 9801TP01 to 03
       prepared by ACArch and dated April 1998 (Amended Sept 2021) and as may be amended
       by these conditions.

Please contact me if you require any further information and/or clarification with respect to the above
application.




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