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Minor Change Report 51982.3267.05
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL Author Development Planner, Lisa Pienaar Development Assessment APPLICATION DETAILS Application No. 51982.3267.05 Development Approval Material Change of Use (6 units) Applicant Christine Dyer and Mark Dyer Request Received On 14 November 2018 PROPERTY DETAILS Property Address Tenalga 3/21 Allambi Rise Noosa Heads Qld 4567 Tenalga 21 Allambi Rise NOOSA HEADS QLD 4567 RP Description Lot 3 BUP 333 Existing Use of Land 6 Dwelling units STATUTORY DETAILS SEQRP Designation Urban Footprint Locality Noosa Heads Zone Semi Attached Overlays Not applicable Assessment Type Minor Change to Development Approval PROPOSAL The applicant seeks approval to change to an existing development approval to enclose an existing deck on the western side of Unit 3. Photo of location of previously approved deck to be enclosed. The approved deck sits below Unit 1 above existing pathway background The subject site is located at 21 Allambi Rise, Noosa Heads. The site is 1,163m2, with three levels stepping down the hill to the north. Each level contains 2 units (total of 6 units on-site) that were constructed circa 1969, with no recorded original planning approval. A list of the recorded changes applications since this time is listed below: 9 November 1982 - Approval for extensions to unit 1, including a 22m2 addition towards the western boundary 9 February 2010 - Deck enclosure and modification to the stairwell of unit 2 21 April 2010 - Deck enclosure and modification to the stairwell of unit 1 21 December 2010 - deck (west) extension to unit 3 of 12 m2 (51982.3267.04) 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. 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 in nature; 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 Applicant’s Request The applicant has submitted plans that indicate the existing deck on the western side of Unit 3 is to be enclosed to enlarge the existing kitchen/living area. Assessment of Request Provision Existing Proposal Requirement Compliance Side Setback (west): 3.5m 3.5m (3 metres to edge of new roofline) 2.7m Yes Site Cover 451m2 (38.7%) 10 m2 additional totalling 461m2 (39.6%) 466m2 (40%) Yes Gross Floor area 421m2 8.3m2 totalling 427.3m2 Yes There were calculations based in the last report. However, those calculations in the above table are provided by the architect for this application and have been deemed more accurate. This is also the case with the site area rather than was in the previous change report (51982.3267.04). There is an additional part of the roofline to the southern side of the building to facilitate the deck enclosure and to create a roof overhang/eves over the living spaces. Side setback is maintained at 3.5 metres. This changes are consistent with the key technical provisions of The Noosa Plan. The development will also maintain the visual continuity of the existing building line and will not impact on the surrounding development. cONSULTATION Referral Agencies Not applicable Other Referrals Not applicable conclusion & reasons for decision The changes to Unit 3 do not raise any planning concerns and it is recommended that the application be approved. RECOMMENDATION With regard to Application No. 51982.3267.05, to make a minor change to an existing approval for situated at Tenalga 3/21 Allambi Rise Noosa Heads Qld 4567 described as Lot 3 BUP 333, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on decided to: A. Approve the change. D. Include the following additional conditions: General – Unit 3 – Enclosure of Existing Deck 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 and may be amended by these conditions. Plan No. Rev. Plan / Document Name Date D1.01 C GFA and Site cover – Tim Ditchfield March 2016 D1.02 C Design Site Plan – Tim Ditchfield March 2016 D2.03 C Design Floor Plan – Tim Ditchfield March 2016 D3.01 C Design West Elevation – Tim Ditchfield March 2016 D4.01 C Design Section – Tim Ditchfield March 2016 The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions. Further Permits Required Prior to the commencement of development, the following Development Permits must be obtained:- Development Permit for Building Works. 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