Minor Change Report 51997 2399 01

               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 development
                        remains generally consistent with the original approval;
               •        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 following codes from the Noosa Plan 2020 are applicable to this development:
               •        Tourist Accommodation Zone Code;
               •        Noosaville Local Plan Code;
               •        Dual Occupancy and Multiple Dwelling Code;
               •        Works Codes;
               •        Flood Hazard Overlay Code.
               Applicant Request – Awning Unit 4
               The existing dwelling did not provide sufficient weather and sun protection to the balcony. The
               proposed retractable awning would allow the balcony to be provided with a covered area having
               dimensions of 5.4m 2m (10.8m2) which would be of adequate size, shape dimensions to support
               outdoor living opportunities that to meet the needs of the occupants and protect the habitable living
               areas of the dwelling.
                    •    the deck extension would enhance liveability of the dwelling and promote outdoor living and
                         it would better respond to Noosa Shire’s subtropical climate and improve its passive design.
                    •    the proposed awning is a low profile, open and lightweight and retractable structure and
                         would maintain visual and acoustic privacy for adjoining residents and not unreasonably
                         obstruct views;
                    •    the awning will provide an adequate separation from the adjoining land uses, being
                         positioned a minimum of 3m from the eastern side boundary;
                    •    the proposed awning will not impact on landscaping provisions;
                    •    the proposed setback will be consistent with the predominant character of the area and
                         maintain the visual continuity and pattern of buildings, in that:
                             o the adjoining property to the east comprises a large 3 storey building which provides
                                 a minimum setback of 5.5m from its outermost projection at the 3rd storey to the
                                 front boundary;
                             o the adjoining property to the west comprises a large 3 storey building which provides
                                 a minimum setback of 3m from its outermost projection at the 3rd storey to the front
                                 boundary
               Assessment of Request
               The proposed additional of the retractable awning to the third level of the building façade is
               consistent with the relevant built form provisions of the Noosa Plan in that the retractable roof form
               will be of a lightweight appearance that will blend with the main façade and not add any additional
               bulk to the building appearance. The proposed setback of 7 metres and does not comply with
               Acceptable outcome AO13.1 the Zone Code, however will not have any detrimental impact on


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Document Set ID: 22140814
Version: 7, Version Date: 16/12/2022