Minor Change Report 51901.3589.04

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

APPLICATION DETAILS
Application No.	51901.3589.04
Development Approval	Change to the Development Approval
Applicant	Lisang Design
Request Received On	26 September 2018

PROPERTY DETAILS
Property Address	River Gums 1-3 Russell St Noosaville Qld 4566  River Gums 5/1-3 Russell St NOOSAVILLE  QLD  4566
RP Description	BUP 4699
Existing Use of Land	Multiple Dwelling Units x 5

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Attached Housing
Overlays	Acid Sulfate Soils Flood Hazard Area Coastal Protection Area
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval to enclose a portion of the existing balcony to Unit 5. An area of 8 m2 will be enclosed with new sliding aluminium and glass shutters and doors.  The doors will be full height glass and aluminium and run along the same plane as the doors to the units below and adjacent. The existing louvered sections adjoining the balcony are exposed to the elements and these are being replaced with a more weather proof ‘breezeway’ type of installation which follows the same colour and requirements as required by the Body Corporate.  The louvered sections will be a mix of glass and aluminium blade.  Refer Figure 1 – proposal plans. Body Corporate approval has been granted.

background
A Town Planning Consent Permit (TPC 1114) to construct Multiple Dwelling Units x five (5) units was issued on the 12th May 1980.
On 24 November 2009, a minor change was approved to extend the second and third storey balconies, which are situated on the buildings northern side. The balconies are of suspended slab construction.
On 9 November 2017, a minor change was approved to enclose part of an existing balcony (same as this application) to Unit 4.
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:
Noosaville 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 change is minor;
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
An existing balcony runs along the entire length of the top level of the building providing outdoor space for Units 4 & 5. The balcony is roofed. The balcony widens at the eastern corner of Unit 5, being the portion to be enclosed. The full length of the balcony at a consistent width for Unit 5 and adjacent Unit 4 remains unenclosed.
Applicant’s Request
As per proposal section of this report.
Assessment of Request
The proposed partial enclose of the balcony of Unit 5 does not cause adverse impacts on the coastal protection values of the location or interrupt the natural cycles of the foreshore area.  The balcony is existing.
The nature of the enclosure using glass and light coloured aluminium shutters will not compromise the character of the foreshore when viewed from the river, as the materials used are in keeping with the design of the building and the full length of the balcony at a consistent width for both units, remains unenclosed.
With regard to gross floor area, it is assumed that some of the roofed balcony area (which is wider than 3 metres) was originally included in the overall gross floor area, and therefore, overall the increase of gross floor area is considered marginal.

cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed changes do not create adverse impacts and is supported.
RECOMMENDATION
With regard to Application No. 51901.3589.03, to make a minor change to an existing approval for a Multiple Dwelling (5 Units) River Gums 5/1-3 Russell St NOOSAVILLE  QLD  4566 described as Lot  BUP 4699, is provided in accordance with Section 63(5) of the Planning Act 2016, Council decided to:
Approve the change.
Amend Condition 1. to read as follows:
Plan No,	Rev.	Plan / Document Name	Date
Sheet 2 of 8	F	Site Works – Key Plan prepared by IntExt Design	20/08/2009
Sheet 3 of 8	F	Level 1 – Floor Plan & Fit-out prepared by IntExt Design	20/08/2009
Sheet 4 of 8	F	Level 2 – Floor Plan & Fit-out prepared by IntExt Design	20/08/2009
Sheet 5 of 8	F	Level 3 – Floor Plan & Fit-out prepared by IntExt Design	20/08/2009
Sheet 7 of 8	F	Level 2 – Floor Plan & Fit-out prepared by IntExt Design	20/08/2009
Sheet 7 of 8	F	Elevations prepared by IntExt Design	20/08/2009
Sheet 8 of 8	F	Sections prepared by IntExt Design	20/08/2009
Changes to Conditions – 1 December 2017
A103		Proposed Works to Unit 4, prepared by Lisang Design	26/9/17
Changes to Conditions – 23 October 2018
A103		Unit 5 D.A and Western elevation	27/7/18

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