Cover Letter - Minor Change Application

Statutory Process

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change relates to
         a minor addition involving a roofed patio to an existing multiple dwelling;
    + The changes would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor change’ to
the approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application:

(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.

(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in
the circumstances, to— (a) the statutory instrument or other document as in effect when the change
application was made;

The 1995 Town Planning Scheme applied when the original application was made.

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
In this circumstance, it is considered that weight should be afforded to the Noosa Plan 2020 when
assessing the proposed changes, as this document sets out the current planning intent for the Shire over
the next 20 years.

The proposed development would be defined as a Multiple Dwelling under the Noosa Plan 2020. The
subject site is located within the Medium Density Residential Zone and the Coastal Communities Local Plan
Area. A Multiple Dwelling is assessable against the following benchmarks contained within the Noosa Plan
2020:
    + Coastal Communities Local Plan Code;
    + Medium Density Residential Zone Code;
    + Dual Occupancy and Multiple Dwelling Code;
    + Works Code

An assessment of the proposed changes against the key development parameters within the above-
mentioned codes is provided below.