Minor Change Report 132000 200359 3 · 132000.200359.3

               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
               •      The Noosa Plan 2020.
               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
                      includes internal floor plan changes only (ie no change to external built form) and does not
                      introduce a new use;
               •      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               The original application was lodged and assessed under the now superseded 1990 Planning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. The Planning Act 2016 requires minor change applications to be assessed against the
               planning scheme in effect at the time of the original application (ie the 1990 scheme), however
               Council may give weight to the planning scheme in effect at the time of the minor change
               application being lodged (Noosa Plan 2020).
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Low Density Residential Zone Code;
               •      Low Density Housing Code.
               Existing Condition 9 & 15
                      9.      Development undertaken in accordance with this approval must generally comply with
                              the approved plans of development. The approved plans are numbered 95:456 WD1
                              titled Site Plan prepared by Nicholas Mandikos & Associates and dated Nov ‘99, 95:456
                              WD1.2 titled Site Plan - Levels prepared by Nicholas Mandikos & Associates and dated
                              Mar ‘01, 95:456 WD2 titled Ground & First Floor Plans prepared by Nicholas Mandikos
                              & Associates and dated Nov ’99, 95:456 WD3 titled Basement & Roof Plans prepared
                              by Nicholas Mandikos & Associates and dated Nov ‘99, 95:456 WD4 titled Elevations
                              prepared by Nicholas Mandikos & Associates and dated Dec ’99, and 6398-S1 to 6398-
                              S3 prepared by Leddy Sergiacomi & Associates Pty Ltd and dated 12/99 and as may
                              be amended by these conditions.
                      15.     Development undertaken in accordance with this approval must generally comply with
                              the approved plans of development contained in Condition 9 and the approved plans
                              listed in the following table and may be amended by these conditions and annotations
                              on these plans.



                                                                                                     Page 6 of 13

Document Set ID: 23038130
Version: 5, Version Date: 22/12/2024