Minor Change Report 51995.1860.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	51995.1860.01
Development Approval	Multiple Dwelling – 4 units (TPC 2882)
Applicant	Craig Darren Law
Request Received On	2 December 2021
Report Reviewed By	Patrick Murphy
Decision Due Date	7 January 2022

PROPERTY DETAILS
Property Address	Lipton Views 1/4 Lipton St Sunrise Beach Qld 4567
RP Description	BUP 104349, Lot 1 BUP 104349
Land Area	1,019m2
Existing Use of Land	Multiple Dwelling – 4 units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Landslide Hazard Overlay Code Moderate Hazard Area
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to add a 5-metre x 3-metre inground pool to the private open space of unit 1. The pool will be level with existing ground level and will be located 1 metre from the northern and eastern boundaries of Unit 1. From Council’s aerial mapping it appears that works for the pool have already begun.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Pool Plan

Figure 4 – Elevations
background
A development approval for a Multiple Dwelling (4 units) was approved in November 1995.
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; and
The Noosa Plan 2020.
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 maintains the existing use and will not change the built form of the original proposal;
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.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Coastal Communities Local Plan Code.

The applicant proposes to construct a pool in the private open space of unit 1. The pool is proposed to be setback 1 metre from the northern and eastern boundaries, which complies with the QDC provisions for pool setbacks. The proposed pool and associated pool deck will be at ground level and as such will not cause any issues of overlooking to adjoining units and properties. It appears from Council’s aerial mapping that works for the proposed pool have already begun.
The original development approval required open spaces and setback areas to be landscaped in accordance with a properly prepared landscape plan and required to be maintained at all times. Council’s aerial mapping shows that the landscaping in the private open space of unit 1 has been removed. A condition will be included to ensure that landscaping is provided to provide screening and soften the development.
The proposal generally complies with all aspects of the current Planning Scheme and the Planning Scheme in place at the time of the original application and is therefore recommended for approval.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
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 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 51995.1860.01, to make a minor change to an existing approval for Multiple Dwelling – 4 units (TPC 2882) situated at Lipton Views 1/4 Lipton St Sunrise Beach Qld 4567 described as Lot BUP 104349, Lot 1 BUP 104349, Council on 23 March 2022 decided to:
A.	Approve the change.
B.	Include the following additional conditions:
Additional Conditions 23 March 2022:
Approved Plans
19.    Additions to Unit 1 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 No.	Plan/Document Name	Date
-	.	Proposed Swimming Pool, prepared by Des Newport, Engineer	31/10/2021
-	-	Section Through Pool, supplied by Apex Certification	25/01/2022
Landscaping
20. 	The open space and setback areas are to be landscaped in accordance with Council’s Planning Scheme Policy 2 – Landscaping. A minimum of three (3) native shrubs with a mature height of not less than 3 metres are to be planted in the open space area of unit 1 to soften the development.
Noise Nuisance
21. 	All pool and mechanical equipment must be baffled to ensure there are no amenity impacts to adjoining neighbours.

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