Minor Change Report 51901 4147 05 [As Published]

A minor change to a town planning consent for a Multiple Dwelling (3 units) (51901.4147.03) for 3
spa pools (1 per unit) within the front boundary setback were approved 23 November 2004.
A minor change to a town planning consent permit for a Multiple Dwelling (3 units) (51901.4147.04)
for an open carport within the rear boundary setback was approved 21 December 2005.
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
•    Noosa Plan 2020 (25 September 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 does
     not:
     o     involve a new use; or
     o     result in the application applying to a new parcel of land; or
     o     dramatically change the built form in terms of scale, bulk and appearance; or
     o     change the ability of the proposed development to operate as intended; or
     o     remove a component that is integral to the operation of the development; or
     o     significantly impact on traffic flow and the transport network, such as increasing traffic
           to the site; or
     o     introduce new impacts or increase the severity of known impacts; or
     o     remove an incentive or offset component that would have balanced a negative impact
           of the development; or
     o     impact on infrastructure provisions.
•    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 1973 planning
scheme. Pursuant to s81 of the Planning Act 2017, Council must consider the planning scheme in
effect when the original development application was lodged, however Council may give weight to
Noosa Plan 2020 as the planning scheme in effect at the time of the minor change application
being lodged.
The following codes from Noosa Plan 2020 are applicable to this development:
•    Medium Density Residential Zone Code;
•    Noosa Heads Local Plan Code;
•    Dual Occupancy and Multiple Dwelling Code;

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