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250404 Minor Change · 132004.240137.1
Our Ref: 24-418
Council Ref: 2041/17/TP
4 April 2025
The Manager
Noosa Council
Postal Address
PO Box 141
Tewantin QLD 4565
Dear Sir / Madam,
REQUEST FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL IN ACCORDANCE
WITH SECTION 81 OF THE PLANNING ACT 2016 – 2041/17/TP
MATERIAL CHANGE OF USE – DEVELOPMENT PERMIT FOR SHOPS (12), MULTIPLE
DWELLING (169 UNITS), RESTAURANT, BARS (2) – SOFITEL NOOSA PACIFIC RESORT 14
HASTINGS STREET, NOOSA HEADS QLD 4567
We act on behalf of the Applicant, KL NOOSA PROPERTIES PTY LIMITED, with respect to the
above land.
In accordance with Section 81 of the Planning Act 2016, we request the Assessment Manager
responsible for the application make a change to the approval in accordance with the details
provided below.
The approval (2041/17/TP (BA 88/1210)) was issued on 12/12/1989 for shops (12), multiple
dwelling (169 units), restaurant, bars (2).
This Minor Change seeks to amend the approval facilitate the amalgamation of two units into one.
Currently, there is an exemption certificate being assessed by Council for internal works. This
exemption will cover the trigger for assessable building works under the flood overlay and the
demolition of the internal wall will not be assessable. The approved use of the site will be altered
slightly however with the number of approved units on site being reduced by once, hence the
lodgement of this minor change.
Outside of the number of approved units, the operation of the site will remain as lawfully existing,
traffic and parking arrangements will not be altered as part of this application, no changes to water
sewer or stormwater are proposed and no alterations are proposed to the exterior of the building.
For reference, the rooms being amalgamated as part of this proposal are rooms 607 and 605
which share a common wall. This wall is proposed to be demolished.
We consider the proposed change consists of a “Minor Change” to the original Development Permit
and we make this request to change a development approval under Section 81 as the modification
constitutes a minor change under the provisions of the Act.
Plan A Town Planning Pty Ltd Level 3, 16 McDougall Street, Milton Q 4064 p 07 3846 0807 abn 17 634 960 937
Town Planning & Development Consultants PO Box 1661 Milton Q 4064 e [email protected] www.planatownplanning.com.au
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A minor change means a change that –
(b) for a development approval
(i) would not result in substantially different development; and
(ii) if a development application for the development, including the change, were made when
the change application is made would not cause—
a. the inclusion of prohibited development in the application; or
b. referral to a referral agency, other than to the chief executive, if there were no referral
agencies for the development application; or
c. referral to extra referral agencies, other than to the chief executive; or
d. a referral agency to assess the application against, or have regard to, matters
prescribed by regulation under section 55(2), other than matters the referral agency
must have assessed the application against, or have had regard to, when the
application was made; or
e. public notification if public notification was not required for the development application.
Our assessment of the above is as follows:
In relation to item (b) (i), the proposal would not constitute substantially different development.
Substantially different development is outlined in Schedule 1 of the Development Assessment Rules
under the Planning Act 2016 as follows:
1) A change may be considered to result in a substantially different development if the
proposed change:
a) involves a new use; or
b) results in the application applying to a new parcel of land; or
c) dramatically changes the built form in terms of scale, bulk and appearance; or
d) changes the ability of the proposed development to operate as intended; or
e) removes a component that is integral to the operation of the development; or
f) significantly impacts on traffic flow and the transport network, such as increasing traffic
to the site; or
g) introduces new impacts or increase the severity of known impacts; or
h) removes an incentive or offset component that would have balanced a negative impact
of the development; or
i) impacts on infrastructure provisions.
The proposal is not substantially different as outlined above on the basis that:
• The proposal does not involve a new use and the uses of the site will remain as originally
approved for the purpose of a Multiple Dwelling.
• The proposal does not apply to a new parcel of land and continues to apply to Lot 7 on
RP802632.
• The proposed change does not dramatically change scale, bulk and appearance of the existing,
approved built form.
• The proposal does not change the ability of the development to operate as intended. The
premises will continue to operate as originally approved for the purpose of a Multiple Dwelling.
• The change does not include removal of any component which would be integral to the operation
of the development.
• The proposed changes will not alter traffic flow and the transport network.
• The change will not introduce new impacts or increase the severity of known impacts.
• The changes do not remove an incentive or offset component.
• The changes do not impact on infrastructure provisions.
Plan A Town Planning Pty Ltd Level 3, 16 McDougall Street, Milton Q 4064 p 07 3846 0807 abn 17 634 960 937
Town Planning & Development Consultants PO Box 1661 Milton Q 4064 e [email protected] www.planatownplanning.com.au
Page 3
On the basis of the above, the proposal does not constitute substantially different development.
In relation to item (b) (ii) (a), the proposal does not include prohibited development.
In relation to point (b) (ii) (b), (c) and (d), the original application was not subject to referral and the
proposed change would not trigger any additional referral requirement or referral agency assessment.
In relation to point (b) (ii) (e), the original development application was subject to Code Assessment
and public notification was not required. The proposed change remains Code Assessable.
In accordance with the above, we confirm that the change proposed is a minor change as outlined
in Section 81 of the Planning Act 2016 and requires amendment approved conditions only.
It is requested that Council issue an invoice addressed to our Client such that we can arrange
payment of the applicable fee.
Please find attached the completed Planning Act Form for your records.
We trust that the supplied information is sufficient for Council to address this matter.
In the event that you do require clarification, or any further information please do not hesitate to
contact the undersigned on (07) 3846 0807.
Yours faithfully,
Plan A Town Planning Pty Ltd
Josh Dixon
Senior Town Planner
Plan A Town Planning Pty Ltd Level 3, 16 McDougall Street, Milton Q 4064 p 07 3846 0807 abn 17 634 960 937
Town Planning & Development Consultants PO Box 1661 Milton Q 4064 e [email protected] www.planatownplanning.com.au
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