Meeting papers

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;
•    The Noosa Plan.
The following codes from the Noosa Plan 2006 are applicable to this development:
•    Community Uses Code
•    Landscaping Code
•    Engineering Works Codes
•    Biodiversity Overlay Code
•    Natural Hazards Overlay Code
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 development
     relates to an extension of the existing approved use;
•    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 development approval issued over the premises was approved under the Noosa Plan
2006. The change application is to be assessed under the Noosa Plan 2006, and regard be given
to the current planning scheme in effect i.e., Noosa Plan 2020.
Development for the purpose of a Community Use (Wellbeing – Type 2 Social) was and is
inconsistent with the intent of the Rural Zone of the Noosa Plan 2006 and Noosa Plan 2020.
Assessment of the original application included regard to the planning need, and compatibility with
the surrounding area, and was subsequently approved by Council subject to conditions.


Condition 1 – Approved Plans
1.   Development undertaken in accordance with this approval must generally comply with the
     approved plans of development. The approved plans are listed in the following table unless
     otherwise amended by these conditions.

        Plan No.   Rev.   Plan/Document Name                                       Date

        L002       A      Landscape Concept Plan, prepared by Sunshine Gardens     20.9.2015




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