Minor Change Report 131999.982708.1

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

APPLICATION DETAILS
Application No.	131999.982708.1
Development Approval	Material Change of Use (3 multiple dwelling units & Shop)
Applicant	The Abercrombie Group Pty Ltd
Request Received On	5 November 2019

PROPERTY DETAILS
Property Address	2/23 Hastings St Noosa Heads Qld 4567 (note application referenced Unit 2 when in fact it is Unit 3)
RP Description	Lot 3 SP 137636
Land Area	680.02m2
Existing Use of Land	Dwelling units and shop

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Mixed Use
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to change a Material Change of Use for Multiple Dwelling units (and a shop) to enclose the upper level recessed eastern and western side balconies associated with Unit 2. The existing balconies are currently partially screened with louvres.  The applicant maintains that the existing decks are unusable due the proximity of adjoining units, the exposed beachside conditions and the surrounding public areas. Refer Figure 1.

Figure 1
background
A development approval for a (Multiple Dwelling of 3 units and a shop (16992DA) was approved on 24 December 1999.
On 12 April 2001 approval issued to change the shop to Commercial Services (Real Estate Office) (20779DA)
On 29 March 2011 (20779DA) approval issued to increase floor area of office.
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 changes relate to the existing and approved built form;
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
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016.
Condition 21
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered TPC 01 to 06 inclusive prepared by Foster Designs Pty Ltd and dated January 1999 and as may be amended by these conditions and as amended by subsequent plans DA-01 and DA-02.
Applicant’s Request
The balconies are proposed to be enclosed with the walls and glazing and incorporated into the floor area of the unit. The enclosure of the balcony results in improved floor areas for the unit with the applicant advising that the balconies are not useable as they receive limited sun and are very windy. The enclosure of the balconies increases the existing floor area of the unit by an additional 7.3m2 which results in an estimated area of 535.3 m2 for the unit component and 721.2m for the entire development. It is noted that Councils previous report for the change to approval 132000.200451.2 detailed that the maximum allowable floor area for the development was 755m2 and therefore the proposed development complies with scheme requirements relating to floor area.
Plans have been submitted detailing proposed changes.
Assessment of Request
The Specific Outcomes and Probable Solutions for the Visitor Mixed Use zone detail a number of development parameters for the zone. The proposed enclosure of the balconies comply with the Probable Solutions detailed for the zone and the proposal is considered to comply with outcomes which relates to built form with respect to character and built form consistent with the existing building and surrounding development in Hastings Street.
There are no planning issues associated with the proposal and it is therefore recommended for approval and Condition 21 changed accordingly.

draft planning scheme
The proposal is aligns with the intent of the approved use.

cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed changes with regard to built form are minor in nature and are consistent with the existing, approved built form.
RECOMMENDATION
With regard to Application No. 131999.982708.1, to make a minor change to an existing approval for Material Change of Use (3 multiple dwelling units & Shop) situated at 2/23 Hastings St Noosa Heads Qld 4567 described as Lot 3 SP 137636, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 28 November 2019 decided to:
A.	Approve the change.
B.	Amend condition 21 to read as follows:
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered TPC 01 to 06 inclusive prepared by Foster Designs Pty Ltd and dated January 1999 and as may be amended by these conditions and as amended by subsequent plans DA-01 and DA-02.

Development relating to Unit 2 is to be in accordance with A001 (Site plan), A101 (Unit 2 floor plans), A201 (East elevations), A202 (West elevations), A210 (3D Views – East), A211 (3D Views – West), dated 17 October 2019 and prepared by Natani Design.

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UNIT 2 FLOOR PLAN - EXISTING

 

UNIT 2 FLOOR PLAN - PROPOSED