Minor Change Report 51993.615.03

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Wilhelm Koschade
Development Assessment
APPLICATION DETAILS
Application No.	51993.615.03
Development Approval	Multiple Dwelling – 16 Units & Caretakers Residence
Applicant	Kalong Nominees Pty Ltd
Request Received On	8 March 2018

PROPERTY DETAILS
Property Address	Carribean Noosa 6/13 Noosa Pde Noosa Heads Qld 4567
RP Description	BUP 100344
Land Area	No Land Area details available
Existing Use of Land	Multiple Dwelling – 16 Units & Caretakers Residence

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Semi Attached Housing
Overlays	Not Applicable
Assessment Type	Minor Change to Development Approval
PROPOSAL
The applicant seeks approval to change an existing development approval. More specifically, approval is sought for a 17.5m2 addition to existing Unit 6 to facilitate the construction of a living room and second bathroom.
The application originally sought approval for specifically an additional bedroom however was made aware no additional density will be supported on the site. The applicant agreed for a condition to be included to this effect in addition for the proposal plans to be annotated to ensure the new room has an open layout and is not capable of being used as a bedroom.
The additions are at ground level only and result in a minor side boundary setback encroachment.
A locality and proposal plans are provided below.

background
A development approval for Multiple Dwellings (16 units and caretakers residence) was approved on 4 November 1993.
Council on 26 November 2006 approved a minor change to the existing approval for additions to the existing caretaker’s unit.
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:
Noosa Heads Locality Code
Residential uses Code
Engineering Works Code
Landscaping 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;
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
GFA PERMITTED ON SITE
The application proposes additions to existing unit 6 which represents a total increase in GFA of 17.5m². The original calculations on the file indicate that the GFA is 859.11m² with a permitted GFA of 1141.20m² allowable for the site. This leaves 282m² GFA available. The proposed increase of 17.5m² is considered acceptable in terms of GFA.

POPULATION DENSITY
Population density on site at present is 29.6 persons. This is currently over the permitted 23.78 persons within The Noosa Plan. This proposal however will not affect the population density as no new bedroom is proposed. It is however important to ensure that the new dining room cannot be converted to be used as a bedroom. It is therefore recommended to include a condition to this effect in addition to annotations on the approved plan to ensure the dining room remains of open construction.

SITE COVER
The existing site cover of the development is 36% where the Planning Scheme permits a maximum of 40%. The building additions increases site cover by .7%, resulting in a total site cover of 36.7%. This remains below the maximum permissible.

SIDIE BOUNDARY SETBACK
The proposed building addition is setback 1.2m from the south-western side boundary. The Planning Scheme requires a minimum setback equivalent to half the building height. In this respect, having a maximum building height of 3.55m, the building additions require a setback of 1.77m.

The applicant makes the following comments in their report:
“The development does not comply with the above element, given that the proposed addition contains a maximum building height of 3.55 metres, which would require a compliant setback of 1.77 metres. It is noted that the proposed addition could be designed to comply with the minimum side boundary setbacks, with a 2.4 metre high built form capable on the site, however, it is our opinion that this would result in a far inferior design outcome, which would not integrate with the roof form of the existing development. In addition to this, the development does not result in windows above 2.4 metres high (compliant setback line).”
Overall the encroachment is considered minor and unlikely to impact on the amenity of the adjoining lot. A reasonable vegetated buffer will provide screening of the building addition to the adjoining dwelling to the west which has been constructed with a reduced setback to a far greater wall plane.

RECOMMENDATION
With regard to Application No. 51993.615.03, to make a minor change to an existing approval for additions to an existing dwelling unit situated at Caribbean Noosa 13 Noosa Pde Noosa Heads Qld 4567 described as Lot  BUP 100344, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Amend condition 1 of the approval dated 22 December 1993 to include the following plans:
Plan No.	Rev.	Plan/Document Name	Date
1		Plan Level 2 and Plan Level 1 – Peter Hull Architect Pty Ltd	31 October 2008
2		Block Plan - Peter Hull Architect Pty Ltd	January 2008
DD-02	A	Site Plan, prepared by DCM	13/12/2017
DD-03	A	Ground Floor Plan (annotated), prepared by DCM	13/12/2017
DD-04	A	Elevations Plan, prepared by DCM	13/12/2017
C.	Include the following additional conditions:
1. 	The approved living room is not permitted to be used as an additional bedroom and must not be enclosed (refer to annotated approved plans).

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