Town Planning Report

5     Assessment Under the Noosa Plan 2020
22. As identified above, this application contains two (2) elements to the proposal, which are as follows:
         •    Other Change to Development Permit 04/4029 – Extension to Existing Duplex Dwelling
         •    Reconfiguring a Lot (Boundary Realignment)

23. These matters will be separately addressed within Sections 8.1 and 8.2 below.


5.1 Other Change to Development Permit 04/4029 – Extension to Existing Duplex Dwelling
24. Section 82(2) of the Planning Act 2016 sets the parameters for Council when assessing and deciding change
    applications. It is noted that Council are to assess the change as if:

              ‘the change application were the original development application, with the changes included,
              but was made when the change application was made;’

23.     The Act proceeds to state under that:
             `To remove any doubt it is declared that the following matters apply, only to the extent the
             matters are relevant to assessing and deciding the change application in the context of the
             development approval’

25. In accordance with the Planning Bill 2015 Explanatory Notes, the phrase ‘in the context of the development
    approval’ is to be interpreted that the proposed change should not be considered in isolation. Neither
    however is the entirety of the development including the change re-assessed. Instead, it is intended the
    change be assessed with reference to the context of the development approval already existing for the
    development.

26. With recognition to the above, the proposed Change to Development Permit 04/4029 is to be assessed
    against the following Assessment Benchmarks of the Noosa Plan 2020:
•     Applicable Local Plan Code
•     Medium Density Residential Zone Code
•     Dual Occupancy and Multiple Dwelling Code
•     Works codes

27. Due to this application seeking a Change to an existing Development Approval, only the Assessment
    Benchmarks made relevant by the proposed Changes have been assessed below. As such, where the below
    sections are silent in relation to an assessable element, the Changed development is either seen to comply
    with that relevant assessment criteria, or that component has been given approval by Council under of the
    original Development Approval, and no further justification is required.

5.1.1     Dual Occupancy and Multiple Dwelling Code
28. The proposed changes to Development Permit 04/4029 as demonstrated in the Proposal Plans (Appendix
      2) complies with all the relevant Assessment Benchmarks of the Dual Occupancy and Multiple Dwelling
      Code on the basis that the development:
             •    Is located on urban land that is well serviced by sufficient urban facilities and therefore is suitable
                  for residential development – PO1 & PO2;
             •    Does not impact existing nor future infrastructure – PO3;
             •    Does not occur on battle-axe, rear lot on a site within excess of 10.5 metres – AO4;



    ASTP 220311                                                                                                     Page 11 of 19