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250404 Minor Change · 132004.240137.1

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    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
Full text of the other 2 pages

Page 2

    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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