Minor Change Report 51992.532.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	51992.532.01
Development Approval	Material Change of use for a Childcare Centre (Extensions)
Applicant	Excelfit Pty Ltd
Request Received On	11 March 2021

PROPERTY DETAILS
Property Address	11 Kauri Street, Cooroy Qld 4563
RP Description	Lot 3 RP 840262
Land Area	1907m2
Existing Use of Land	Child care centre

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Community Facilities
Precinct	Not applicable
Local Area Plan	Cooroy
Overlays	Biodiversity (Protected Vegetation Overlay)
Assessment Type	Minor Change to Development Approval
PROPOSAL
The applicant seeks approval to change to an existing development approval, proposing additional covered outdoor area to the rear of the property. The proposal includes a 15.3m x 9.7m L shaped awning to be attached to the existing building and located along the northern boundary of the subject site (refer to Figures 1 and 2).

Figures 1 & 2: Proposed awning
background
A development approval for a Material Change of use for a Childcare Centre (Extensions) was approved on 13 March 2002.
It is noted that historic aerial imagery indicates that an unapproved awning structure (similar to, but smaller than the proposed awning) has been located in the proposed awning location since at least 2008. During this time, Council has not received any complaints regarding the unapproved structure.
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;
Noosa Plan 2020.
The following codes from the Noosa Plan are applicable to this development:
Community Facilities Zone Code;
Community Activities Code; and
Works Codes.
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 no new use is proposed and the addition does not dramatically change the built form in terms of scale, bulk and appearance;
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
Applicant’s Request

The applicant has provided the following comments in regards to the proposal:

Assessment of Request
Acceptable Outcome AO19.2 of the Community Facilities Zone Code requires that for child care centres ‘all buildings, structures and outdoor play areas are set back at least 3 metres from all site boundaries adjoining a residential activity or land included in a residential zone.’  The proposed awning is located on the adjoining boundary to the north (0m setback), for a length of 15.38m.  The adjoining property to the north is zoned Medium Density Residential, therefore, the proposal does not comply with AO19.2.
The proposal is considered to comply with Performance Outcome PO19 of the Community Facilities Zone Code however, as the proposal will improve amenity for the users of the child care centre by providing extra weather protection, whilst not having any adverse impacts on the visual and acoustic amenity of the adjoining property to the north as the dwelling house to the north is located toward the front of the site, approximately 22m from the proposed awning (refer to Figure 3).

Figure 3: Proximity to adjoining dwelling
It is also noted that historic aerial imagery indicates that an unapproved awning structure has been located in this location since at least 2008 (refer to Figure 4). It is noted that Council has not received any complaints regarding the unapproved structure, and as such, it is considered that the replacement and slight increase in size of the structure will not result in any additional impacts on adjoining properties.

Figure 4: Historic aerial (2008) showing existing unapproved awning in proximity to proposed new awning
It is also noted that a Material Change of Use for Multiple Dwellings (5 units) has been approved over the adjoining property to the north, with the dwellings proposed to be setback a minimum of 4.6m from the common boundary. The MCU assessment included details around the potential for overlooking into the child care centre from the new dwellings, which resulted in conditioning screening vegetation along the southern boundary. Should this development proceed, the screening vegetation and 4.6m setback will assist in mitigating any impacts of the awning being located on the boundary.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposal for a new awning to provide additional weather protection, although located on the property boundary (0m setback), is considered acceptable due to the increase in amenity for users of the child care centre, whilst no adverse impacts on adjoining properties are expected to result from the additional structure.
The application is therefore recommended for approval
RECOMMENDATION
With regard to Application No. 51992.532.01, to make a minor change to an existing approval for a Material Change of use for a Childcare Centre (Extensions) situated at 11 Kauri Street, Cooroy Qld 4563 and described as Lot 3 on RP840262, Council on 12 April 2021 decided to:
A.	Approve the change.
B.	Include the following additional conditions:
Additional Approved Plans – 12 April 2021
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 unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
E142-CC-01	A	Vicinity, Site + Awning Plan, prepared by Excelfit Pty Ltd	31.01.21
E142-CC-02	A	Vicinity, Site + Awning Plan (Elevations), prepared by Excelfit Pty Ltd	31.01.21
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016

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On behalf of our client, we request council to approve the following justification for a
proposed minor change to the Childcare Centre to include additional awnings (patio)
specifically to the side and rear in accordance as required under the development
approval with consideration to the following reasons:

- Additional covered outdoor shelter is required for the use.


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The proposed is requested due to:

- The western orientation exposes the existing structure to extreme heat in the
afternoon which causes a high usage of air conditioning.

- The encroachment into the side boundary has no visual impact on adjoining
neighbours.

- The proposed will create use of the outdoor space which generally cannot be used
due to the western exposure and extreme weather conditions at times.


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