Minor Change Report - MCU25 0025 01 (As Published) · MCU25/0025.01

               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; and
               •      Noosa Plan 2020 (20 March 2026).
               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;
               •    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               The original application was lodged and assessed under the now superseded Noosa Plan 2020
               (25 September 2020). Pursuant to s81 of the Planning Act 2017, Council must consider the
               planning scheme in effect when the original development application was lodged, however Council
               may give weight to Noosa Plan 2020 (20 March 2026) as the planning scheme in effect at the time
               of the minor change application being lodged.
               The following codes from Noosa Plan 2020 are applicable to this development:
               •      Rural Zone Code;
               •      Low Density Housing Code;

               Front Setback
              Acceptable Outcome AO8.4 of the Rural Zone Code states:
              AO8.4           In addition to the circumstances of AO8.1, to AO8.3 above, buildings and structures
                              meet the following minimum boundary setbacks:
                                a.     20 metres from a property boundary of adjoining land in the Environmental
                                       management and conservation zone;
                                b.     a distance greater than the width of the riparian buffer area shown on
                                       Biodiversity, Waterways and Wetland Overlay maps;
                                c.     10 metres from a road frontage; and
                                d.     10 metres from the side and rear boundaries or 6 metres where the lot area does
                                       not exceed 1 hectare, with the exception that if the height of the building or
                                       structure exceeds 9 metres the setback to the side and rear boundaries is equal
                                       to twice its height in metres.



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Document Set ID: 25056665
Version: 5, Version Date: 07/09/2026