Cover Letter - Minor Change Application

Statutory Process

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’
under section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change
       relates to a minor addition involving a retractable awning above an existing balcony
       associated with Unit 4;
    + The change would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor
change’ to the approved development. On this basis, it is considered that the request should be
dealt with pursuant to provisions outlined within Section 81 of the Planning Act 2016.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application:

(4) The responsible entity must consider the statutory instrument, or other document, as in effect
when the development application for the development approval was properly made.

(5) However, the responsible entity may give the weight the responsible entity considers is
appropriate, in the circumstances, to— (a) the statutory instrument or other document as in effect
when the change application was made;

The 1997 Strategic Plan was in effect when the original application was made.

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was
made. In this circumstance, it is considered that weight should be afforded to the Noosa Plan 2020
when assessing the proposed changes, as this document sets out the current planning intent for the
Shire over the next 20 years.

The proposed development would be associated with a Multiple Dwelling development under the
Noosa Plan 2020. The subject site is located within the Tourist Accommodation Zone and the
Noosaville Local Plan Area. A Multiple Dwelling is impact assessable, however, the following codes
would be most applicable to the assessment:
    + Noosaville Local Plan Code;
    + Tourist Accommodation Zone Code;
    + Dual Occupancy and Multiple Dwelling Code;
    + Works Code

The inclusion of the proposed retractable awning does not raise any issues against the
abovementioned codes except for front setback requirements. An assessment against most relevant
outcomes is provided below: