Minor Change Report 132001 210326 1 [As Published] · 132001.210326.1

               Precinct D was subject to a further application to create the existing residential lots.
               Condition 9 of this approval requires:
               9.     All residential buildings on Lots 39 to 55 on plans GTP-D-PALMS-1A and GTP-D-PALMS-
                      2A, dated 17.1.2000, by Noosa Mapping & Surveys Pty Ltd (Attachment 1) shall be set back
                      a minimum of 6 metres from the common boundary of the lot and the fire access reserve
                      required by Condition 8, generally to the south-west. All fences and pools shall be set back
                      a minimum of 2 metres from the common boundary. Development Control By-laws under the
                      Mixed Use Development Scheme are to contain provisions that comply with this minimum
                      standard.
               The subject site is described as Lot 69 (and does not adjoin the escarpment) and therefore this
               condition is not applicable to the proposed alterations and additions to the dwelling.
               3.     ASSESSMENT
               3.1. 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;
               •      Schedule to the Town Planning Scheme 1990 and
               •      The Noosa Plan 2020.


               3.2. 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 alterations
                      and additions will not dramatically change the built form;
               •      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 matters prescribed by regulation;
               •      where the original application was code assessable, the change would not cause the
                      application to become impact assessable.


               3.3. Statutory Instruments – Planning Scheme
               The original application was lodged and assessed under the now superseded Town Planning
               Scheme 1990. The Planning Act 2016 requires minor change applications to be assessed against
               the planning scheme in effect at the time of the original application (Town Planning Scheme 1990),
               however Council may give weight to the planning scheme in effect at the time of the minor change
               application being lodged (Noosa Plan 2020).
               The subject site was zoned Special Facilities (Tourist Resort Complex as shown on Plan of
               Development 390-PD3) and was within Precinct D of the Plan of Development no.39 under Town
               Planning Scheme 1990. Under the Noosa Plan 2020, the site is zoned Low Density Residential
               and is within the Noosa Heads Local Plan area. A Dwelling House was a consent development
               (consistent use) on this site under the superseded planning scheme and is identified as a
               consistent use under the current planning scheme.

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Document Set ID: 23337319
Version: 8, Version Date: 12/12/2024