Minor Change Report 132002.220153.2

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	132002.220153.2
Development Approval	Material Change of Use of Premises (Multiple Dwelling - 14 Units)
Applicant	Owen Arnold Frew and Margaret Nancy Frew
Request Received On	31 October 2019

PROPERTY DETAILS
Property Address	Sonoma Noosa 2/161-163 Gympie Tce Noosaville Qld 4566
RP Description	Lot 2 SP 156679
Existing Use of Land	Multiple Dwellings x 14

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Attached Housing
Overlays	Natural Hazards Overlay  - Flood hazard & High Potential Acid Sulfate Soils
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to construct a vergola attached to the ground floor unit 2 to extend the outdoor area. The vergola is an opening roof structure, proposed 7.7m long by 2.6m wide, being 20m².
The structure will provide protection and privacy the area as the area is overlooked by a neighbouring veranda. The vergola is proposed to be setback 0.9m from the western boundary.
background
A development approval for Multiple Dwelling (14 Units) was issued on 25 July 2002.
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:
Noosaville Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Codes
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 proposal is minor in nature and does not significantly change the 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
Condition 1 – Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered WD03B to WD08B dated 26/04/02, WD01C and WD12C dated 12/06/02, WD09A to WD11A dated 10/04/02 prepared by Elenel Design and as may be amended by these conditions.
Applicant’s Request
The applicant seeks to include the proposal plan showing the vergola within this condition.
Assessment of Request
The following table identifies the key development parameters for the site.

Criteria	Proposal	Planning Scheme	Total with proposal	comply
Site area	5308 m²	600 m² min	No change	
Site width	40 metres (approx)	15 metres min	No change	
Population density	46.2 persons	53.08 persons max	No change	
Gross floor area	2097 m²	2123 m² max	No change	
Site cover	39.5 %	40 % max	39.87%	
Landscaped open space	2463 m²	1848 m² min	2443m²	
Length of wall	8 metres	15 metres desirable max		
Attached units in one plane	1 units	4 units max		
Boundary setbacks Frontage Side (east) Side (west) Rear	8 metres 3 metres 2.5 metres 6 metres	6 metres min 3 metres min 3 m / 1.3m 6 metres min	0.9m	X
Building Height				
in storeys in metres	2 storeys 8 metres	2 storeys max 8 metres max		
Carparking	28 covered 7 uncovered	14 covered min 7 uncovered min		

The proposal complies with all the key parameters except for the setback of 0.9m to the western boundary. The setback requirement for the proposal is half the building height. This means the vergola should be setback 1.3m, whereas it is proposed at 0.9m. Setbacks are measured to the posts or building and allows for 0.6m of eave encroach into the setback area.

In this case if the posts were setback the correct 1.3m distance with a 0.6m eave overhang, then the required setback to the OMP would be 0.7m. The nature of the vergola is that the posts are required to be the outermost projection. Given that if the posts were setback to the required distance the eave would be permitted closer to the boundary than that proposed, the setback raises no concerns.

A change to condition 4 is included that the 0.9m setback be landscaped to provide a soft back drop to the area and the neighbouring property.

draft planning scheme
The proposal would not be calculated as site cover under the new Planning Act 2016 definitions. A 1.5m setback would apply under the new Noosa Plan. The proposed setback allows for landscaping and provides privacy for the users and the neighbouring property and raises no concerns.
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. 132002.220153.2, to make a minor change to an existing approval for an opening roof system (patio roof) situated at Unit 2/161-163 Gympie Tce Noosaville Qld Lot 0 and Lot 2 SP 156679, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Amend conditions 1 and 4 to read as follows:
1.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered WD03B to WD08B dated 26/04/02, WD01C and WD12C dated 12/06/02, WD09A to WD11A dated 10/04/02 prepared by Elenel Design and WD-01 & 02 issue A, prepared by Tony James Building design an dated 28/08/2019 and as may be amended by these conditions.
4.	The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter, and is to include dense landscaping, including planting of tall trees, is to be provided along all property boundaries. In this regard, a 0.9m wide garden must be provided for the full length of the new opening roof system which must include 4 native endemic trees which grow to a minimum height of 4m. The plants must have a minimum pot size of 200mm.

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