L01 to NSC -Amended lodge CA (003) · 51989.338.01

Statutory Requirements

Minor change for an existing development approval is defined in the Planning Act 2016 as:

   ‘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, in assessing the application under section 55(2), to assess the application against,
               or have regard to, a matter, other than a matter the referral agency must have assessed the
               application against, or had regard to, when the application was made; or
           (E) public notification if public notification was not required for the development application.’

“Substantially different development” is referenced in Schedule 1 of the State Development Assessment
Rules (”DA Rules”) includes any of the following:

   ‘4. A change may be considered to result in a substantially different development if any of the following apply to
       the proposed change:
       (a) involves a new use; or
       (b) results in the application applying to a new parcel of land; or
       (c) dramatically changes the built form in terms of scale, bulk and appearance; or
       (d) changes the ability of the proposed development to operate as intended; or
       (e) removes a component that is integral to the operation of the development; or
       (f) significantly impacts on traffic flow and the transport network, such as increasing traffic to the site; or
       (g) introduces new impacts or increase the severity of known impacts; or
       (h) removes an incentive or offset component that would have balanced a negative impact of the
             development; or
       (i)   impacts on infrastructure provisions.’

It is considered that the proposed changes are a minor change under the Planning Act and the resulting
development will not be a substantially different development as defined above under the DA Rules.


Development Assessment

In assessing this change application, Council, as its assessment manager, must consider that planning scheme as
in effect when the original development applications were properly made (S81 of Planning Act 2016). This change
application refers to this planning scheme as the 1985 Noosa planning scheme for both TPC2262 and TPC2811.
The Planning Act also provides for Council to be able to give appropriate weight to, among other things, the planning
scheme when the change application was made. This is the current version of the 2020 Noosa Plan.

The site is currently included in the Rural Residential Zone under the 2020 Noosa Plan.

The following comments are offered in relation to the assessment of this change application:

     1. This change application proposes to relocate the approved put put area out of that part of the site
        covered mostly by Council’s biodiversity overlay mapping under the 2020 Noosa Plan to an area
        which is not covered by any such overlay mapping in the 2020 Noosa Plan.

     2. That area in which the put out golf was approved will remain in its current condition.

     3. The proposed mini golf area within that land already approved for Par 3 golf and only minor alterations
        are necessary to three existing holes in the approved Par 3 golf course.

     4. The proposed min golf area is central within the site and clear of any biodiversity overlay mapping in
        the 2020 Noosa Plan.

     5. An additional 25 car parking spaces are proposed as part of this change application.