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Request to Change Existing Approval
14 October 2021
The Chief Executive Officer
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565
Attention: Development Assessment
Dear Sir/Madam,
REQUEST TO CHANGE AN EXISTING APPROVAL (MINOR CHANGE) –PURSUANT TO SECTION 78 OF
THE PLANNING ACT 2016
Property Description: Lot 100 on SP323048
Property Address: 43 Eagle Drive, Tewantin Qld 4565
Development Type: Development Permit for Staged Reconfiguration of a Lot by Residential
Subdivision (2 Lots into 21 Lots)
Local Government: Noosa Shire Council
Planning Scheme: Noosa Plan 2020
DA Reference: REC17/0011
Our Reference: 60500
Applicant: Eagle Rise Developments Pty Ltd
1.0 PREAMBLE
On behalf of Eagle Rise Developments Pty Ltd and with reference to the abovementioned Development
Approval, we hereby request to change the existing approval pursuant to Section 78 of the Planning Act 2016.
This application provides a detailed overview of the ‘proposed change’ and clearly demonstrates compliance
with the minor change criteria set out in Schedule 2 of the Planning Act 2016. In addition, the completed
‘Planning Act Form 5’, Current Title Search and Company Owner’s Consent Form is attached at Appendix A of
this request.
The appropriate fee for an application of this nature ($2,218.00) will be paid to Council upon receipt of an
application reference number/invoice.
2.0 BACKGROUND & OVERVIEW OF ‘PROPOSED CHANGE’
The original development application underwent Code Assessment and was subsequently approved by Council
on 17 November 2017 (REC17/0011), granting approval for Reconfiguration of a Lot by Residential Subdivision
(2 Lots into 21 Lots). Since approval, a Negotiated Decision Notice request was submitted by Murray &
Associates (Qld) Pty Ltd, with a decision made by Council on 16 February 2018. A number of conditions of the
Negotiated Decision Notice were subsequently appealed and a Court Order was issued on 19 July 2019.
This request seeks to amend the approved plans to include the Amended Lot Layout Plan prepared by Haynes
Consulting Engineers attached at Appendix B of this request. The Amended Lot Layout Plan demonstrates the
proposed change to the staging of the development, introducing a fourth stage (2B) to the proposal. As
demonstrated by the orange shading on the Amended Lot Layout, proposed Lots 7 & 8 and the associated
access easement will be included in Stage 2B of the development. This will allow the applicant to retain the
existing shed structure in the interim and construct a dwelling house within proposed Lot 7 or 8, with the option
to further subdivide at a later date which will require the removal of the shed at that time.
It should be noted that this change does not represent any changes to the approved site layout, merely the
staging plan.
An assessment of the ‘proposed change’ against the minor change criteria outlined in Schedule 2 of the Planning
Act 2016 is provided in Section 3.0 below.
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3.0 COMPLIANCE WITH DEFINITION OF ‘MINOR CHANGE’ (SCHEDULE 2 OF PA 2016)
Schedule 2 of the Planning Act 2016 provides a definition of a ‘minor change’, which contains a series of criteria
to determine what constitutes a ‘minor change’ to an approval detailed as follows:
minor change means a change that—
(b) for a development approval—
(i) would not result in substantially different development; and
(ii) if a development application for the development, including the change, were made when the
change application is made would not cause—
(A) the inclusion of prohibited development in the application; or
(B) referral to a referral agency, other than to the chief executive, if there were no referral
agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(D) a referral agency to assess the application against, or have regard to, matters prescribed by
regulation under section 55(2), other than matters the referral agency must have assessed the
application against, or have had regard to, when the application was made; or
(E) public notification if public notification was not required for the development application.
An assessment of the proposed change with reference to the above criteria is provided as follows:
(i) (The change) would not result in a substantially different development
When determining what constitutes a substantially different development, Schedule 1: Substantially Different
Development of the Development Assessment Rules applies. Schedule 1 provides a list of criteria that may
constitute a substantially different development as follows:
➢ Involves a new use; or
➢ Results in the application applying to a new parcel of land; or
➢ Dramatically changes the built form in terms of scale, bulk and appearance; or
➢ Changes the ability of the proposed development to operate as intended; or
➢ Removes a component that is integral to the operation of the development; or
➢ Significantly impacts on traffic flow and the transport network, such as increasing traffic to the site;
or
➢ Introduces new impacts or increase the severity of known impacts; or
➢ Removes an incentive or offset component that would have balanced a negative impact of the
development; or
➢ Impacts on infrastructure provisions.
An assessment is provided as follows:
Involves a new use
The ‘proposed change’ seeks to amend the approved staging plan to reflect the inclusion of another stage (2B)
involving the subdivision of proposed Lots 7 & 8.
Results in the application applying to a new parcel of land
The ‘proposed change’ does not involve a new parcel of land.
Dramatically changes the built form in terms of scale, bulk and appearance
The proposed development does not propose any built form. As such, he ‘proposed change’ will not drastically
change built form.
Changes the ability of the proposed development to operate as intended
The ‘proposed change’ does not impact the approved development’s ability to operate as intended.
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Request to Change an Existing Approval August 2021
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Removes a component that is integral to the operation of the development
The ‘proposed change’ does not remove a component that is integral to the operation of the development.
Significantly impacts on traffic flow and the transport network, such as increasing traffic to the site
The ‘proposed change’ does not impact the traffic generated by the proposed development.
Introduces new impacts or increase the severity of known impacts
The ‘proposed change’ does not generate any new or additional known impacts.
Removes an incentive or offset component that would have balanced a negative impact of the development
The ‘proposed change’ does not remove an incentive or offset component that would have balanced a negative
impact of the development.
Impacts on infrastructure provisions
The ‘proposed change’ does not alter the current infrastructure provisions available to the subject site and
servicing arrangements of adjoining and surrounding lots.
(ii) if a development application for the development, including the change, were made
when the change application is made would not cause—
(A) the inclusion of prohibited development in the application
The application, if remade including the change would not comprise prohibited development.
(B) referral to a referral agency, other than to the chief executive, if there were no referral
agencies for the development application
The original application did not trigger referral to the chief executive. Remaking the application would not
trigger additional referral agencies.
(C) referral to extra referral agencies, other than to the chief executive
Remaking the application would not trigger any referral agencies.
(D) a referral agency to assess the application against, or have regard to, matters
prescribed by regulation under section 55(2), other than matters the referral agency
must have assessed the application against, or have had regard to, when the application
was made
If remade, the application would not cause the referral agency (DILGP/DTMR) to assess it against additional
matters prescribed by regulation under section 55(2), only the same matters which the application was originally
assessed against.
(E) public notification if public notification was not required for the development
application.
Public notification will not be required as part of the ‘proposed change’.
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4.0 CHANGE TO APPROVED PLANS
As stated above, Haynes Consulting Engineers have prepared the Amended Site Layout Plan detailing the
additional Stage 2B – please refer to Appendix B. As such, we wish to amend Condition 2 as follows:
Plan No. Rev. Plan Name Date
1702 C Detailed Lot Layout, prepared by Haynes 14/10/21
Consulting Engineers
5.0 SUMMARY
Pursuant to Section 78 of the Planning Act 2016, we hereby request Council issue a ‘Change to the Existing
Approval Notice’ in support of the ‘proposed change’. Should further information or clarification be required in
relation to the above / attached plan, please don’t hesitate to contact me on (07) 5441 2188.
Yours faithfully,
Blake Bell BRTP, M.P.I.A., CPP, MDIA
Director / Principal Town Planner
MURRAY & ASSOCIATES (QLD) PTY LTD
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Appendix A Planning Act Form 5, Current Title Searches & Company Owner’s Consent Form [OCR of page images] MURRAY®& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix A Planning Act Form 5, Current Title Searches & Company Owner's Consent Form
Page 6
Appendix B Amended Lot Layout Plan Prepared by Haynes Consulting Engineers [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix B Amended Lot Layout Plan Prepared by Haynes Consulting Engineers