Minor Change Report 51995.1534.03

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	51995.1534.03
Development Approval	Town Planning Consent Permit for Multiple Dwelling of 6 Units
Applicant	Hugh Stuart McInnes and Angelique Nadia Sweetman McInnes
Request Received On	1 November 2022
Report Reviewed By	Nadine Gorton 21.12.2022

PROPERTY DETAILS
Property Address	Casa Romana 5/6 Advance Pl Sunrise Beach Casa Romana 6 Advance Pl Sunrise Beach
RP Description	Lot 0 BUP 104876, Lot 5 BUP 104876
Land Area	73m2 (unit 5)
Existing Use of Land	Multiple dwelling of 6 Units

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Area Plan	Coastal Communities Local Plan Area
Overlays	Not Applicable
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval to construct an unenclosed roofed patio, deck and spa for unit 5.  The applicant advises that
An approval was previously granted for a patio extension to a multiple dwelling, however, upon
receipt of the approval, it was determined that the patio dimensions shown on the approved set of plans had been incorrectly labelled. The patio depth was approved at 3 metres and the width was approved at 4.85 metres; however, the intent was to have a patio with a depth of 4.85 metres and a width of 3.1 metres.
A new 16m2 floored deck under the patio roof is also proposed being 3.6m x 4.5m with the deck no more than 450mm from the ground level.
The spa is proposed adjacent the patio at the rear of the unit and is recessed partially into the ground and setback 2.5m from the rear boundary and 2.8m from the side boundary.
The locality and proposal plans are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
background
A development approval for a multiple dwelling of 6 units was issued on 29 June 1995.
A minor change application for an unenclosed roofed patio extending from unit 6 was approved on 21 January 2022.
A minor change application for an unenclosed roofed patio for unit 5 was approved on 21 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 proposed patio, spa and deck is minor works given its small area;
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:
Medium Density Residential Zone Code;
Coastal Communities Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
The proposed roofed patio is a lightweight open structure situated at the rear of unit 5. The roofed patio has the same area as approved under application 51995.1534.02 being 14.55m2 and therefore will not further increase site cover.  The site cover remains within the maximum site cover of 40%, being 34%.
The roofed patio is proposed to be setback 1.5 metres from the rear boundary in lieu of the approved setback of 1.7m and the required 6m as per Acceptable Outcome AO12.1. The proposal is considered to comply with corresponding Performance Outcome PO12 for the following reasons:
The roofed patio will provide a high level of amenity to users of the subject site and will promote outdoor living and liveability of the unit.
The proposed roof patio is a low profile, open and lightweight structure and will not unreasonably obstruct views or diminish the acoustic and visual privacy of adjoining premises.
The roofed patio is to be constructed over an existing paved terrace area and the proposal will preserve and maintain existing landscaped areas.
The proposal will not be visible from the street frontage and will be consistent with the predominant character of the area. A similar unenclosed roofed patio was recently approved for the rear yard of the unit with a setback of 1.7m and the adjoining unit (unit 6).
The proposed deck under the roofed patio raises no concerns and the spa is reasonably setback from the side and rear boundaries, with privacy screens proposed.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
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. 51995.1534.03, to make a minor change to an existing approval for Multiple Dwelling of 6 Units situated at Casa Romana 5/6 Advance Pl Sunrise Beach described as Lot 0 BUP 104876, Lot 5 BUP 104876, Council on 19 December 2022 decided to:
A.	Approve the change.
B.	Amend condition 19 to read as follows:
Approved Plans
Added 20 January 2022 and amended 19 December 2022
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
1 of 1	1	Site Plan, prepared by Brennan Planning	24/11/2021
-	-	Elevation Plan, prepared by Brennan Planning	20/01/2022
222-079 Sheet 2	F	Site Plan, prepared by Design Drafting	19 Sept 2022
222-079 Sheet 3	F	Ground Floor Plan, prepared by Design Drafting	19 Sept 2022
222-079 Sheet 4	F	Elevations, prepared by Design Drafting	19 Sept 2022
222-079 Sheet 5	F	Elevations, prepared by Design Drafting	19 Sept 2022

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