Minor Change Report MCU18 0013.01 · MCU18/0013.01

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

APPLICATION DETAILS
Application No.	MCU18/0013.01
Development Approval	Material Change of Use - Detached House
Applicant	JW Constructions (Qld) Pty Ltd
Request Received On	20 September 2018

PROPERTY DETAILS
Property Address	24 Arakoon Cres Sunshine Beach Qld 4567
RP Description	Lot 794 RP 48111
Land Area	636 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Biodiversity Overlay – Environmental Protection Area Natural Hazard Overlay – Slide Hazard & Acid Sulfate Soils Natural Resource Overlay – Coastal Protection Area
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for a Material Change of Use - Detached House. The applicant requests that Condition 6 be amended to allow for the removal of existing vegetation in Council’s land that is an informal public walkway that adjoins this property to the south. The applicant has requested that several mature Grevillas be removed and at some point be replaced with 6 trees of a similar native species as deemed suitable by Council.
background
A development approval for a Material Change of Use - Detached House was approved on 30 May 2018.
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:
Eastern Beaches Locality Code
Detached House Code
Biodiversity Overlay 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 as the change is minor;
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 request relates to vegetation on Council’s land adjoining the subject property for which a condition stipulated that it be retained.
Condition 6
6.	Existing trees within the public laneway on the southern boundary must be retained.
Applicant’s Request
The applicant wishes to remove the Grevillea shrubs highlighted in the below photo for the duration of the construction works. Upon completion of the project we propose reinstating 6 x 45Ltr Grevillea, Banksia, Red Flowered Silky Oak or alternatives as nominated by council. The applicant was asked particulars around use of the land and timing.  The applicant advises the use of public land being the constructed road and public laneway is required during the construction process.
The applicant requests that Condition 6 be amended to allow for the proposal.

Assessment of Request
There are two considerations relating to this request, being the use of this land and the removal of existing mature vegetation.

With regard to the use of the land, the applicant has received approval from Civil Operations to use this land from 24 September 2018 to 30 April 2019. In particular, Condition 11 of this permit relates to this public walkway:
11. Additional temporary closure of, and storage on the council easement adjacent to the site has been approved however this approval does not include removal of existing vegetation from this area with tree protection zones (TPZ) established around all existing trees within this area and must include full reinstatement to all impacted areas to minimum standard of established turf upon completion of the site activities to mitigate future erosion issues.
With regard to the removal of vegetation, the road permit prohibits this and the applicant has indicated their co-operation for the vegetation’s protection this during construction.  However, the applicant consideration of 45L trees to replace the existing mature trees is not considered to be an acceptable outcome on public land for the following reasons:
The Biodiversity Overlay (Environmental Protection) is located over a portion of the subject land and is part of a contiguous environmental linkage. Specific Outcome O18 in the Biodiversity Overlay Code in the Noosa Plan does not provide for the removal of vegetation located on slope in an Environmental Protection area. There is no probable solution for this outcome;
Removing mature vegetation within the subject land which slopes towards the beach and is within an erosion prone area is also considered problematic;
The existing trees provide a buffer to the property to the south (22 Arakoon). It will take some time for the trees proposed by the applicant to mature and to ‘replace’ the existing trees like for like and provide the equivalent screening value;
It has not been demonstrated that there is sufficient community benefit to warrant removal of this asset on Council controlled land.
For these reasons, the request is not supported.
cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
The application was forwarded to the following internal Council specialists:
Environment Officer, Development Assessment
conclusion & reasons for decision
The request is not supported for the reasons outlined under the assessment section of this report.
RECOMMENDATION
With regard to Application No. MCU18/0013.01, to make a minor change to an existing approval for Material Change of Use for a Detached House situated at 24 Arakoon Cres Sunshine Beach Qld 4567 described as Lot 794 RP 48111, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 16 October decided to:
A.	Refuse to change Condition 6.

[word/footer1.xml]
Page 4 of 4

[word/header1.xml]
3