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.