2020-05-13 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                              13 MAY 2020


   Planning Regulation 2017;
   The Noosa Plan.
The following codes from the Noosa Plan are particularly applicable to this development:
   Tewantin & Doonan Locality Code
   Biodiversity Overlay Code
   Natural Hazard Overlay Code
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 Council is required to have regard to the matters set out in s81(2) of the Planning Act 2016
in considering the application for a minor change before making its decision under s81A(2).
Amongst the matters to be considered by the Council under s81(2) are those in subsection (da)
including all matters Council would or may assess against or have regard to if the change
application were a development application.
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 proposed
     changes maintain a similar but reduced front print, and do not raise new or additional
     impacts;
   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.
Nevertheless, Council is required to consider all matters it would have been required to consider
if the change application were a development application. These are dealt with hereunder:
3.3. Statutory Instruments
South East Queensland Regional Plan
The subject land is designated Regional Landscape and Rural Production Area under the South
East Queensland Regional Plan (SEQRP) and has been similarly designated since the regulatory
provisions took effect in 2004. These regulatory provisions imposed strict controls on subdivision
of land, but did not apply to land for which a rezoning approval applied or to land zoned
‘residential’. The intent of the SEQRP provisions being to stop fragmentation of rural lands and
bushland, achieve a more compact urban form and maintain inter-urban breaks.
The proposed changes to the proposal plan do not raise any additional conflicts with the SEQRP
but the proposed subdivision continues to conflict with the SEQRP and the proposed changes to
the plans do not address this conflict. The proposal results in the creation of rural settlement
type lots within an area where the intent is to protect the landscape, environmental values and
capacity for rural production.
The proposed subdivision is prohibited under the Planning Regulations 2017 and an application
for subdivision would not be able to be lodged with Council today.




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