Minor Change Report 132004 240022 4 (As Published) · 132004.240022.4

               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 (26 September 2025).
               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 proposal does
                      not:
                      o     dramatically change the built form in terms of scale, bulk and appearance; or
                      o     introduce new impacts or increase the severity of known impacts; or
               •      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               The original application was lodged and assessed under the now superseded 1990 planning
               scheme. 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 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:
               •      Tourist Accommodation Zone Code;
               •      Noosa Heads Local Plan Code;
               •      Business Activities Code;
               •      Entertainment Activities Code
               •      Works Codes;
               •      Land Subject to Acid Sulfate Soils Overlay Code
               •      Flood Hazard Overlay Code
               •      Landslide Hazard Overlay Code


               Council’s records indicate that the original development approval does not include conditions or
               approved plans specifically delineating these landscaped areas. The current Minor Change
               Decision Notice only applies landscaping conditions to areas outside the pool area in the lower
               terrace and the planter that straddles the property boundary.
               Importantly, the proposal retains landscaping in key locations around the pool to preserve amenity
               and the existing tropical character. At the rear of each poolside deck, fencing will be reinstated,
               and a 1-metre-wide landscaped strip will be maintained and enhanced to screen pool furniture from
               the adjoining units.

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Document Set ID: 24375140
Version: 4, Version Date: 17/12/2025