Minor Change Request Pomona Subdivision

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Figure. 2 Preliminary Approval Subdivision Plan and Earthworks Plan (8 lots)
The application proposes changes to the earthworks for proposed lot 7, as shown in Figure 3
below.




Figure. 3 Proposed Subdivision Plan and Earthworks Plan (8 lots)

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Minor Change Test

An assessment against the meaning of minor change and a response about the proposed
application is provide below. The Planning Act 2016 defines a minor change as a change to the
approval that:

i. would not result in a substantially different development*;
      (*In determining whether the proposed change would result in substantially different
      development, the assessment manager or referral agency must consider the individual
      circumstances of the development, in the context of the change proposed.)

Schedule 1 of the Development Assessment Rules set outs provisions for a substantially different
development. A change may be considered to result in a substantially different development if the
proposed change results in any of the following outlined in Table 1 below.

Table 1 - Substantially different development

 Provisions of Schedule 1 of the DA Rules             Response
    (a) Involves a new use                            There is no new use proposed onsite
    (b) results in the application applying to a      No new parcel of land is introduced
         new parcel of land; or
    (c) dramatically changes the built form in        The subdivision design is in accordance
         terms of scale, bulk and appearance; or      with the original approval for 8 lots.
      (d) changes the ability of the proposed         No change to the use approved.
          development to operate as intended; or
      (e) removes a component that is integral to     No essential component of the
          the operation of the development; or        development is proposed to be removed.
      (f) significantly impacts on traffic flow and   The proposal does not trigger any
          the transport network, such as increasing   additional traffic or stormwater impacts
          traffic to the site; or                     that were not already considered and
                                                      approved.
      (g) introduces new impacts or increase the      No new impacts or the severity of impacts
          severity of known impacts; or               is likely to result from the plan
                                                      modifications.
      (h) removes an incentive or offset              Does not remove an offset or incentive
          component that would have balanced a        components of the development.
          negative impact of the development; or
      (i) impacts on infrastructure provisions.       There is no       additional   impacts   on
                                                      infrastructure.

Given the above, the proposed change to the existing approval is a minor change in accordance
with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.

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Deciding the Request

In accordance with S81 of The Planning Act 2016, Council must only consider the information
provided and any other matter considered relevant, including — all matters Council would or may
assess against or have regard to, if the change application were a development application.

Council must only consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made. However, may give
weight they consider appropriate, in the circumstances, to—

(a)   the statutory instrument or other document as in effect when the change application was
      made (Superseded Planning Scheme); or
(b)   if the statutory instrument or other document is amended or replaced after the change
      application is made but before it is decided—the amended or replacement instrument or
      document; or
(c)   another statutory instrument—
      (i) that comes into effect after the change application is made but before it is decided; and
      (ii) that the responsible entity would have been required to consider if the instrument had
      been in effect when the development application for the development approval was properly
      made.

Therefore in accordance with the above the proposal is assessed against the conditions of
approval and the Noosa Plan 2020. The proposal complies with all these instruments and approval
and is discussed below.

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 Assessment

The changed application is a direct result of the information request. This assessment will therefore
be in the form of a response to the information request issued on the 19 November 2024, which is
outlined below.


           1. Explore alternative design measures to wholly contain earthworks within
              proposed Lot 7 without encroaching onto Lot 4 on SP179876.
           2. Amended Owner’s Consent referring to the application type and the scope of
              the development.
           3. Including information regarding proposed legal agreements in the form of an
              easement/covenant over works in Lot 4.
           4. Provide additional detail demonstrating that the amended extent of fill does not
              reduce the available storage within the flood plain (i.e., the 1% AEP flood
              inundation line) or cause actional nuisance to adjoining properties. The
              additional detail must be prepared by a suitably qualified person (RPEQ) and
              include, but not be limited to:
                  •   Flood plain storage calculations; and
                  •   Afflux modelling / reporting.
           5. Provide additional detail demonstrating how the earthwork ‘crease’ will be
              treated to avoid scour and reduce the velocity of surface flow. The detail must
              be prepared by a suitably qualified person (RPEQ).
           6. Provide additional detail demonstrating how any flow directed into Lot 4 on
              SP179876 will be controlled, collected and discharged without causing scour
              or any actionable nuisance. The detail must be prepared by a suitably qualified
              person (RPEQ).
An alternative design is proposed which includes all the fill and associated batters on the proposed
lot 7, without encroaching onto Lot 4 SP179876. The adjoining owner provides their written consent
for the changed application to not include their site.
Furthermore, the filling for lot 8 and the stormwater basin design does not change as result of the
changes to the development, as shown in the Figures 4 & 5 below.

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Figure. 4 Preliminary Approval Earthworks Plan (8 lots with retaining)




Figure. 5 Proposed Earthworks Plan (8 lots with NO retaining)

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The pertinent issues in the issuing of the Preliminary Approval and subsequent changes to the
reduced subdivision yield for the Development Permit, related to the code provisions associated
with Acceptable Outcome AO19.1 of the Low Density Residential Zone Code, AO7.6 of the
Reconfiguring a Lot Code and AO9 of the Earthworks Code.

     AO19.1 For landscape amenity reasons, cut or fill is less than 1.5 metres in depth relative to
     the ground level.
     AO7.6 Development does not result in significant modification to natural landform or
     landscape features including:
            a) waterways and drainage lines;
            b) native vegetation or significant character trees;
            c) understorey vegetation;
            d) slope;
            e) rock outcrops; or
            f) views.
     AO9 Cut or fill is less than 1.5 metres in depth relative to the natural ground level.

Council’s delegated reporting of the matter is included as an attachment, with the following
summary of the assessment:

     •   The subdivision in its current form will unduly impact the level of amenity afforded in the
         area, in particular regard to the adjoining residents.
     •   The development will be conditioned for the amalgamation of Lots 6 and 7 to permit a
         reduction of earthworks.
     •   A development approval for preliminary approval will be issued subject to conditions
         pertaining to the amalgamation of Lots 6 and 7 and shifting of the building pad of Lot 8
         to the south.
     •    The lot layout and configuration of the proposed road alignment is an extension of the
         roadhead from the road associated with the adjoining development (Majestic Drive). The
         height of the road and the adjacent lots is required to achieve fall to the existing sewer
         infrastructure in Majestic Drive. To address the amenity impacts of the fill on the
         adjoining property to the north Lots 6 and 7 are to be amalgamated.

The proposal removes all the retaining along the northern boundary with Lot 4SP179876. The fill
is less than 2m in height and setback 4m (maximum). This adjoining property provides a letter of
support to the application. There will be no additional impacts to any adjoining owners because of
this minor change, with the batter completely contained on proposed lot 7.

In accordance with the relevant bounded assessment benchmarks for the Code assessable
application, the amended application meets the relevant Noosa Plan code requirements and
should be supported by the assessment manager.

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Changes to Conditions

As a result of the proposed changes, the following conditions require changing:

Condition 1 – Change to reflect the Updated Site Plan and Earthworks Plans
Condition 6 – Update Plan Numbers
Condition 8 – Update Engineering Plan
Condition 11 – Update Engineering Plan

If you have any further queries in relation to the above, please do not hesitate to contact myself.

Regards,




Jack Lewis B.Sc Hons UNSW M.Plan Otago RPIA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227