Minor Change Report MCU21 0156.01

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

APPLICATION DETAILS
Application No.	MCU21/0156.01
Development Approval	Material Change of Use – 22 Multiple dwelling units
Applicant	Davrus P/L TTE
Request Received On	30 June 2022
Decision Due Date Report completed date	28 July 2022 8 July 2022

PROPERTY DETAILS
Property Address	89, 91 & 93 Eumundi Noosa Rd Noosaville
RP Description	Lot 1 RP130594, Lots 80 & 81 RP71151
Land Area	4151 m²
Existing Use of Land	Dwelling and various outbuildings

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Area Plan	Noosaville
Overlays	Acid Sulphate Soils – above 5m AHD to 20m AHD
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval Material Change of Use – 22 x Multiple dwellings to vary the setback of the front fence.  Condition 45 c) requires a minimum setback of 1 metre and the applicant is seeking to change this to 0.5 metres.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site and fence Plan

background
A development approval for a Development Permit for Material Change of Use of Premises (Multiple Dwelling) was approved on 4 April 2022.
The applicant suspended the appeal period and made representations on 13 May 2022 to the development approval conditions and a negotiated decision notice was issued on 2 June 2022.

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 change is to an approved fence relating to an approved use;
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:
Noosaville Local Plan Code;
Medium Density Residential Zone Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes.

Applicant’s Request
The applicant is seeking to change existing Condition 45 c) which is as follows
Landscaping Works
The development site must be landscaped in accordance with Planning Scheme Policy PSP2 – Landscaping and cover at least 35% of the site.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
the works shown on the Approved Plans;
provide a planting and plant schedule including species and pot size;
a minimum 1 metre wide densely landscaped strip between the fence and the front property boundary on Eumundi Noosa Road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items;
The applicant states:

Assessment of Request
The fence on the Eumundi Noosa Road boundary is setback varying distances to create a well-articulated fence line.  The existing condition that requires the corner of the fencing to be setback at least 1 metre from the boundary is included to ensure there is meaningful and adequate buffering to the street along the fence line. Discussions with the Senior Environment officer concluded that if the condition were to be amended to be a minimum of 0.5 metre setback in lieu of 1 metre, this will still ensure the intent of the original condition and the operational works approval would include additional areas and placements of landscaping to ensure the intent of this condition.
Therefore, it is recommended to amend existing Condition 2 (plan set) to include the fence plan and Condition 45 c) accordingly.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Senior Environment Officer
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. MCU21/0156.01, to make a minor change to an existing approval for Material Change of Use – 22 Multiple dwelling units situated at 89, 91 & 93 Eumundi Noosa Rd Noosaville described as Lot 1 RP130594, Lots 80 & 81 RP71151, Council on 8 July 2022 decided to:
A.	Approve the change.
B.	Amend conditions 2 & 45 to read as follows:
2.	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
DA.5	F	Site Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.6	H	Ground Floor Site Plan, prepared by Black Wood Architecture & design	13/05/2022
DA.7	F	Level One Site Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.8	F	Site Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.9	F	Site Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.10	F	Site Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.11	F	Site Section, prepared by Black Wood Architecture & design	7/03/2022
DA.12	F	Ground Floor Plan: TH01-TH04, prepared by Black Wood Architecture & design	7/03/2022
DA.13	F	Level One Floor Plan: TH01-TH04, prepared by Black Wood Architecture & design	7/03/2022
DA.14	F	TH01-TH04 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.15	F	TH01-TH04 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.16	F	TH01-TH04 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.17	H	Ground Floor Plan: TH05-TH08, prepared by Black Wood Architecture & design	13/05/2022
DA.18	F	Level One Floor Plan: TH05-TH08, prepared by Black Wood Architecture & design	7/03/2022
DA.19	F	TH05-TH08 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.20	F	TH05-TH08 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.21	F	TH05-TH08 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.22	F	Ground Floor Plan: TH09-TH12, prepared by Black Wood Architecture & design	7/03/2022
DA.23	F	Level One Floor Plan: TH09-TH012 prepared by Black Wood Architecture & design	7/03/2022
DA.24	F	TH09-TH12 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.25	F	TH09-TH12 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.26	F	TH09-TH12 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.27	F	Ground Floor Plan: TH13-TH16, prepared by Black Wood Architecture & design	7/03/2022
DA.28	F	Level One Floor Plan: TH13-TH16, prepared by Black Wood Architecture & design	7/03/2022
DA.29	F	TH13-TH16 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.30	F	TH13-TH16 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.31	F	TH13-TH16 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.32	F	Ground Floor Plan: TH17-TH18 + APT19-APT22, prepared by Black Wood Architecture & design	7/03/2022
DA.33	F	Level One Floor Plan: TH17-TH18 + APT19-APT22, prepared by Black Wood Architecture & design	7/03/2022
DA.34	F	TH17-TH18 + APT 19-22 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.35	F	TH17-TH18 + APT 19-22 Elevations, prepared by Black Wood Architecture & design	7/03/2022
DA.36	F	TH17-TH18 + APT 19-22 Sections, prepared by Black Wood Architecture & design	7/03/2022
DA.37	F	Type A Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.38	F	Type A1 Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.39	F	Type B Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.40	F	Type C Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.41	F	Type D Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.42	F	Type E Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.43	F	Type F Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
DA.44	F	External Materials & Finishes prepared by Black Wood Architecture & design	7/03/2022
DA.46	G	Landscape Area, prepared by Black Wood Architecture & design	30/03/2022
DA.48	F	Perspective 1, prepared by Black Wood Architecture & design	7/03/2022
DA.49	G	Perspective 2, prepared by Black Wood Architecture & design	13/05/2022
DA.51	G	Perspective 4, prepared by Black Wood Architecture & design	13/05/2022
DA.52	G	Perspective 5, prepared by Black Wood Architecture & design	13/05/2022
DA.53	G	Perspective 6, prepared by Black Wood Architecture & design	13/05/2022
DA.54	G	Perspective 7, prepared by Black Wood Architecture & design	13/05/2022
DA.55	G	Perspective 8, prepared by Black Wood Architecture & design	13/05/2022
DA.58	A	AO9 Accessibility Compliance, prepared by Black Wood Architecture & design	7/03/2022
DA.59	A	Type B1 Floor Plan, prepared by Black Wood Architecture & design	7/03/2022
BA0.09	-	West Fence Plan, prepared by Black Wood Architecture & design	29/06/2022

Landscaping Works
The development site must be landscaped in accordance with Planning Scheme Policy PSP2 – Landscaping and cover at least 35% of the site.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
the works shown on the Approved Plans;
provide a planting and plant schedule including species and pot size;
a minimum 0.5 metre wide densely landscaped strip between the fence and the front property boundary on Eumundi Noosa Road frontage of the subject site, in accordance with the Plan BA0.09 – West Fence Plan, exclusive of the access driveway, generally uncompromised by infrastructure items;
a minimum 1 metre wide densely landscaped strip planted at a maximum of 1.5m centres behind the Eumundi Noosa Road frontage fence;
minimum 1 metre wide garden to the full length of both side boundaries and rear boundary. The gardens must include screening trees planted at a maximum of 1.5m centres and have a 200mm pot size. The trees must have a mature height of at least 6m;
landscaping required at front entry area;
suitable screening trees planted at a minimum 6m height and maximum 1.5m centres around the edge of the bioretention in particular along the rear and side boundaries;
Provision of 1 street tree within the road reserve for every 8m of road frontage (location considering sightlines);
1 x 45 litre feature shade tree in each garden.

[word/footer1.xml]
Page 4 of 4

[word/header1.xml]
3

[Attachment: image1.png (image text)]
 
     

ain ad
es fis Ae ye
zai a ’