Town Planning Report - Minor Change Unit 3 September 2021

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      While the site is a designated Unexploded Ordinance Area (UXO), the application is not for a material
      change of use but rather seeks to change the current Town Planning Consent1. It is noted the renovations
      and modifications to other units within the Group Housing Development have been considered a “minor
      change” despite the UXO designation.


      Having regard to the above and given the nature of the changes being proposed which do not significantly
      alter the built form, cause any offsite amenity impacts or change the nature of the use, the proposed
      changes can be considered a “minor change”.


      Planning scheme

      Under section 81 of the Planning Act 2016, at (4) the Council, being the responsible entity … must consider
      the statutory instrument, or other document, as in effect when the development application for the
      development approval was properly made. Further, at (5) … may give the weight the responsible entity
      considers is appropriate, in the circumstances, to (a) the statutory instrument or other document as in effect
      when the change application was made; or … .


      Consequently, the application is to be assessed against the planning scheme in force at the time the original
      approval was granted which was the Schedule to the Planning Scheme 1985 (1985 Planning Scheme) and
      may give weight it considers appropriate to the Noosa Plan 2020.


      It is not known what zoning applied to the site under the 1985 Planning Scheme; however, the current
      development parameters for the site have been provided in a recent minor change application for Unit 4,
      which are discussed below (51995.1530.04).


      Under the Noosa Plan 2020, the subject site is included in Medium Density Zone. Under the Noosa Plan
      2020, the current use of the site could be considered a Multiple Dwelling. This is because there is no
      definition of a Group Housing Development provided under the Noosa Plan 2020.


      In terms of the Noosa Plan 2020, the most relevant code is the Medium Density Residential Zone Code
      (MDRZC). In terms of the former 1985 Planning Scheme the most relevant provisions appear under part 5.8
      – Group Housing Developments, which are limited. It is not known if a planning scheme policy applied for
      a Group Housing Development at the time the original Town Planning Consent was granted.


      Having regard to both planning schemes and previous assessment reports, the key issues to be addressed
      are site cover, gross floor area and impacts upon amenity. The other relevant aspects of the development
      relate to building setbacks for the proposed new stairs and landing area and changes to the private open
      space areas.


      Site Cover

      1 Planning Regulation 2017, Schedule 10, Part 4, Division 3, Table 1




      20035 – Robert Leonard Jackson                          Page 8