Minor Change Report DBW18 0004.03 · DBW18/0004.03

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Billy Glover
Development Assessment

APPLICATION DETAILS
Application No.	DBW18/0004.03 (DBW18/0004)
Development Approval	Development Permit for Building Work – Extensions and Alterations to Detached House
Applicant	Hampton Homes
Request Received On	30 July 2020

PROPERTY DETAILS
Property Address	11 Webb Rd Sunshine Beach Qld 4567
RP Description	Lot 2 RP 175654
Land Area	1,459m2
Existing Use of Land	Detached House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Biodiversity (Environmental Protection) Natural Hazard (Landslide & Acid Sulfate Soils) Natural Resource (Coastal Protection Area)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks to change condition 3 of the existing development approval in order to allow a variation to the maximum building height for the development due to proposed roof form and chimney encroachments, further to the height variations under the existing approval. The applicant submitted the following:
We seek a change to Condition 3 only to accommodate a recalculation of building
height based on recent survey clarification works completed during the final stages of
construction.
The proposed dwelling house is 3/4 built. As part of the onsite survey works completed during the final stages of construction, these additional minor height encroachments were identified.
The proposed additional minor encroachments are less than the existing approved maximum height of 9.2m.
The applicant submitted a height/contour blanket detailing the proposed height encroachments (figure 1).
Figure 1 – Proposed Height Encroachments
background
A development approval for a Detached House (Alterations and Additions) was issued on 27 April 2018.
A minor change to the approval was issued on 17 January 2019 (DBW18/0004.01). The change to the approval was in relation to the new gazebo, pool and landscaping at the rear of the site, and an additional hip roof on the main roof form of the detached house. Conditions 2, 3 and 14 were amended and additional conditions 15, 16, 17, 18, 19, 20 and 21 were included.
A further minor change to the approval was issued on 1 July 2019 (DBW18/0004.02). The change to the approval was in relation to the setbacks to hardstand area and stairs adjacent the south boundary, removal of vegetation between the southern boundary and the gazebo, and side boundary fencing exceeding 2 metres in height. Conditions 2 and 18 were amended and condition 8 deleted.
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:
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 proposed height encroachments are minor variations to the existing approval and will not substantially change the form of the building;
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
With regard to the proposed changes, the planning scheme provisions in place at the time the original development application was made are the same provisions in place under the planning scheme which this application was properly made. (The Noosa Plan 2006).
Condition 3 Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and not exceed 2 storeys. Except for the chimney columns, of which the southern chimney column must not exceed 9.2 metres and the northern chimney not to exceed 8.7 metres above the finished ground level and the natural ground surface.
In this regard, the additional hip roof above the pantry, ensuite and master bedroom stairs must not exceed 8 metres above the natural ground level and must not result in a building that exceeds 2 storeys (any such space that exceeds a vertical dimension of 5m comprises more than 1 storey) (plans dated 5/10/2018).
Applicant’s Request
The applicant requests to amend condition 3 as follows:
3. The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and not exceed 2 storeys. Except for the chimney columns, of which the southern chimney must not exceed 9.2 metres and the northern chimney not to exceed 8.7m 9.018m above the finished ground level and the natural ground surface. In addition to the chimney columns, a 135mm and 421mm encroachment is also permitted for minor roof elements shown on drawing no. AP.04 Issue B.
Assessment of Request
Contrary to the applicant’s request and measurements listed above, the submitted proposal plans detail the roof form of the development to encroach the 8 metre height limit by 108mm, 409mm and 1018mm.
Probable Solution S11.1 states:
The maximum building height in storeys and metres is - 8 metres but not exceeding 2 storeys.
Specific Outcome O11 of the Building Works Code states:
O11 Buildings and other structures–
a) are low rise and present a building height consistent with structures on adjoining and surrounding land;
b) have a maximum building height of–
i) for Visitor Mixed Use Zone - 3 storeys;
ii) if in the Noosa Heads Locality, Attached Housing Zone—  Lot 4 on SP 100064 in Serenity Close Noosa Heads - 4 storeys;  Otherwise - 3 storeys;
iii) if in the Shire Business Centre Zone—  Precinct E1 or E2 - 3 storeys;  Precinct REC/MU - 1 storey;
iv) if in the Noosaville Locality and the Attached Housing Zone - 2 or 3 storeys depending on the location of the site;
v) otherwise - 2 storeys;
c) do not visually dominate the street, surrounding spaces or the existing skyline;
d) preserve the amenity of surrounding land including privacy, views and access to sunlight;
e) respect the scale of surrounding vegetation; and
f) respond to the topography of the site by stepping down the slope or sitting above the ground level on stumps, for sloping sites.
The original approval allowed two chimney stacks to be constructed over the 8 metre height limit (8.7 and 9.2 metres). No other part of the development (including any parts of the room form) were approved over the 8 metre height from natural ground level. The applicant suggests the proposed height encroachment is now proposed due to recalculation of building height based on recent survey clarification works completed during the final stages of construction.
The sections of the roof form proposed over the 8 metre height limit in this instance are minor in comparison to the approved chimneys, however will inevitably reduce some existing views to the ocean, from the perspective of surrounding properties. However, the portions of the roof proposed over height are considered very minor overall and unlikely to detrimentally impact the amenity of surrounding properties in terms of completely blocking views or access to sunlight. Additionally, it is acknowledged the roof form has a traditional roof pitch and variation, which is desirable in terms of character and response to climate.
The existing development on adjoining lots and in the surrounding area are generally large in size and scale. The subject development, including the proposed minor changes, is not out of character with the existing development in the vicinity.
With regards to the applicant’s request, it is recommended the building height condition be amended to reflect the exact heights that are proposed and detailed on proposal plan AP.03 and AP.04 and make reference to both proposal plan AP.03 and AP.04, as AP.03 in particular is a section plan that clearly and suitably details the proposed heights. Additionally, it is recommended the height condition be updated so as to no longer include the southern chimney column, as the southern chimney column is no longer proposed to exceed the 8 metre height limit.
The existing condition No. 4 requires certification from a Licensed Surveyor, which certifies that the building does not exceed the maximum height requirements of the decision notice.
noosa plan 2020
With regards to building height, the provisions under the Noosa Plan 2020 are generally consistent with the provisions under the Noosa Plan 2006.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council specialists:
Nil
conclusion & reasons for decision
The applicants request to vary the height condition complies with the Building Works Code and is recommended to be supported.
RECOMMENDATION
With regard to Application No. DBW18/0004.03, to make a minor change to an existing approval for Development Permit for Building Work – Extensions and Alterations to Detached House situated at 11 Webb Rd Sunshine Beach Qld 4567 described as Lot 2 RP 175654, Council on 24 September 2020 decided to:
A.	Approve the change.
B.	Amend conditions 2 and 3 to read as follows:
Approved Plans
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
100	L	Site Plan, drawn by tk	5/10/2018
201	L	Ground Floor Plan, drawn by tk	5/10/2018
204	L	First Floor Plan, drawn by tk	5/10/2018
206	L	Roof Plan, drawn by tk As annotated by Council	5/10/2018
207	M	Pool Plan(m), drawn by tk	28/06/2019
208	M	Pool Elevations(m), drawn by tk	28/06/2019
300	L	Elevations Sheet 1, drawn by tk As annotated by Council	5/10/2018
301	L	Elevations Sheet 2, drawn by tk As annotated by Council	5/10/2018
400	L	Sections Sheet 1 of 3, drawn by tk As annotated by Council	5/10/2018
401	L	Sections Sheet 2 of 3, drawn by tk As annotated by Council	5/10/2018
402	L	Sections Sheet 3 of 3, drawn by tk	5/10/2018
J000533	E	2.0 Landscape Plan – Street Level	1 July 2019
J000533	E	2.0 Landscape Plan – Beach Level	1 July 2019
J000533	E	3.0 Plant Species Palette - indicative	1 July 2019
J000533	E	3.0 Plant Species Palette - indicative	1 July 2019
AP.03	C	Site Plan / Sections (Approved Height)	30/07/20
AP.04	B	Original Contour Overlay (Approved Height)	30/07/20
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and not exceed 2 storeys. Except for:
The northern chimney column which must not exceed 9.018 metres above the natural ground surface.
The upper roof peaks above the lounge and the verandah, which must not exceed 8.108 and 8.409 metres above the natural ground surface, as detailed in approved plans AP.03 and AP.04 and dated 30/07/20.
In this regard, the additional hip roof above the pantry, ensuite and master bedroom stairs must not exceed 8 metres above the natural ground level and must not result in a building that exceeds 2 storeys (any such space that exceeds a vertical dimension of 5m comprises more than 1 storey) (plans dated 5/10/2018).

[word/footer1.xml]
Page 5 of 6

[word/header1.xml]
3

[Attachment: image1.png (image text)]
Original Contour Overlay - From NIE
—
~
a