Minor Change Report OPW20 0206.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW20/0206.01
Development Approval	Development Permit for Operational Works - Boat Lifting Device (jet ski dock)
Applicant	Annette Mary Fraser and Paul Alexander Kostromin
Request Received On	24 March 2022
Report Reviewed By	Daniel Epps
Decision Due Date	26 April 2022

PROPERTY DETAILS
Property Address	9 Waterside Ct Noosaville Qld 45669 Waterside Ct Noosaville Qld 4566
RP Description	Lot 893 RP 906963
Land Area	727m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Noosaville
Overlays	Acid Sulfate Soils, Flooding
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval. The change consists of a new device that is located generally as the existing.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Inspection Photo

background
A development approval for a Boat Lifting Device (jet ski dock) was approved on 6 January 2021
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;
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:
Low Density Zone Code;
Noosaville Local Plan Code;
Waterways Works Code;
Comments
The applicant has indicated that the application is “Installing a new style of jet ski dock to replace the non-functional older version” and does not specifically mentioned which conditions need to be changed.  The new device complies with The Waterways Works Code- Performance Outcome PO21.
It is noted during the site inspection that a canopy had been attached to the device (see figure 3 above). While the canopy is not an essential part of the device it has been attached as a permanent feature. It is considered that the canopy installed also complies with PO21. It is recommended that an additional condition be included to ensure that any replacement canopy does not create amenity issues.

Condition 1
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
S03	C2	Site Plan, Framing Plan, Elevations prepared by Long View Consulting Engineers As annotated by Council	2 December 2020
Applicant’s Request
While not specifically request it is expected that the applicant will expect the condition to be changed to reflect the submitted plan
Assessment of Request
The submitted plan is considered acceptable and it is recommended that the condition be amended to read as follows:
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
		Plan Layout submitted by the applicant as part of the subject application	

Additional Condition – June 2022
Any canopy attached to the boat lifting device (jet ski dock) must:
be securely attached the boat lifting device (jet ski dock),
not extend above the level of the handrail on the adjacent jetty or more than 1.2m above the level of the deck of the adjacent jetty, whichever is the greater, and
be of an open design and not include walls that obscure view lines

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Planning
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. OPW20/0206.01, to make a minor change to an existing approval for Development Permit for Operational Works - Boat Lifting Device (jet ski dock) situated at 9 Waterside Ct Noosaville Qld 45669 Waterside Ct Noosaville Qld 4566  described as Lot  Lot 893 RP 906963, Council on 20 June 2022 decided to:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
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
		Plan Layout submitted by the applicant as part of the subject application	
C.	Include the following additional condition:
Any canopy attached to the boat lifting device (jet ski dock) must:
be securely attached the boat lifting device (jet ski dock),
not extend above the level of the handrail on the adjacent jetty or more than 1.2m above the level of the deck of the adjacent jetty, whichever is the greater, and
be of an open design and not include walls that obscure view lines

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PLAN LAYOUT (below) of New Jet Ski Dock in the same location as the previous ( almost identical size)

 


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BG cee 1

 

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