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Our ref: 230221
Council ref: OPW19/0266.02


17 October 2023

The Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565

Attention:          Nadine Gorton - Development Assessment
Via:                [email protected]

Dear Nadine,

RE:       Request for Minor Change to Approval
          Development Permit for Operational Works - Earthworks, Landscaping, Stormwater
          215 David Low Way Peregian Beach
          Lot 1 on SP286680
          Council Ref: OPW19/0266.02

In accordance with Section 78 of the Planning Act 2016, please find enclosed a request for a Minor Change to
the Development Permit for Operational Works - Earthworks, Landscaping, Stormwater (Council ref:
OPW19/0266.02).

This request is made on behalf of Hutchinson Builders, who were the applicant for the original application. In
support of the application, please find enclosed the following:

      •   Landscape Architect’s letter of support/response (Attachment 1).
      •   Revised Landscape Plans prepared by Andrew Gold Landscape Architect (Attachment 2).

Payment of $2,516.00 will be made upon Council issuing the relevant tax invoice.


Background
On 15 October 2020, Council issued a development approval for Operational Works – Earthworks, Landscaping,
Stormwater for works associated with the development in the rear portion of the site. On 26 October 2022,
Council issued a Change to Development Approval in relation to construction changes to the stormwater
drainage system, the carparking area, changes to sections of landscaping and minor gate modifications resulting
in approved amended plans and a change to Condition 38.

More recently an on-site meeting was held on 04 October 2023 to discuss the as-constructed landscaping, which
diverted away from the approved plans. As confirmed by Council via email on 05 October 2023, the proposed
changes required the lodgement of a minor change application to the Operational Works approval, with
particular reference to the landscape plan.




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Proposed Changes to Approved Plans
The purpose of this Minor Change application is a result of the on-site meeting held with Council 04 October
2023 in relation to as-constructed landscaping, which diverted away from the approved plans. As part of the
application, Council requested the following supporting information:

     •    Revisions to the plans to include the locations of the artificial turf and where soft landscaping is retained,
     •    Percentage of the landscape area converted to artificial turf,
     •    Justification(s) on the need to replace the soft landscaping with the artificial turf,
     •    Management of the artificial turf, including expected life span and waste management at the end of
          life, and
     •    Address the micro plastic concerns with proposed filtration methods and how it is separated from
          stormwater.

A Response to each item has been prepared by Andrew Gold Landscape Architecture (Attachment 1) and should
be read in conjunction with the amended Landscaping Plans (Attachment 2).

As a result of the amended Landscaping Plans the approved plans table under Condition 1 will be required to be
updated. It is noted that the amended Landscaping Plans do not impact any other approved plans, nor any
Conditions of approval (other than the approved plans table).



Change Application - Planning Act 2016
The proposed changes to the Development Permit and associated conditions, are considered a ‘Minor Change’
under section 78 of the Planning Act 2016, as.


     •    The proposed changes do not result in prohibited development;
     •    The proposed changes do not trigger referral to any additional referral agencies.
     •    The proposed changes do not trigger public notification, noting that the development was publicly
          notified as part of the original Development Application; and,
     •    The proposed changes will not result in a substantially different development to that which was
          approved, as detailed below.

As stated above, the changes will not result in a substantially different development. To demonstrate this, an
assessment against Schedule 1 of the DA Rules has been carried out. Overall, it is determined that the proposed
changes to the approval will not result in a substantially different development to that which was approved,
given the following:

     •    The change does not seek to alter the intended/approved use of the site;
     •    No new land uses or works are proposed to occur as a result of the changes;
     •    The changes do not seek to introduce a new parcel of land;
     •    The proposal does not dramatically change the built form in terms of scale, bulk and appearance;
     •    The proposal will not change the ability of the proposed development to operate as intended;
     •    The change will not remove a component that is integral to the operation of the development. All
          components of the development are maintained.
     •    The change will not introduce new impacts or increase the severity of known impacts;
     •    The change does not remove any incentive or offset components of the approval; and,
     •    No changes or impacts to infrastructure provision are proposed.


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Our ref: 230221

Page 3

For these reasons outlined above, it is considered that the proposed change constitutes a Minor Change to the
approved development. On this basis, it is considered that the request should be dealt with pursuant to the
provisions outlined within Section 81 of the Planning Act 2016.


Proceeding
We trust this correspondence provides you with sufficient information in relation to the proposal and we look
forward to receiving a positive decision from Council at your earliest convenience.

Should you have any further questions in relation to this matter, please feel free to contact me direct.

Yours faithfully,


ADAMS + SPARKES
TO WN P L ANN ING




Cameron Adams
MANAGING DIRECTOR


Encl:     Landscape Architect’s letter of support/response (Attachment 1).
          Revised Landscape Plans prepared by Andrew Gold Landscape Architect (Attachment 2)
          DA Form 5




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