Planning Statement Pre Response Request · 131999.982963.5

  Page 3


Section 81(2) and (3) of the Planning Act 2016 specifies what the responsible entity (in this instance the
Court) must consider when assessing and deciding applications for minor changes including the
following:

      (2) When assessing the change application, the responsible entity must consider—

             (a) the information the applicant included with the application; and
             (b) if the responsible entity is the assessment manager and submissions were properly made
                 about the development application—the submissions; and
             (c) any pre-request response notice or response notice given in relation to the change
                 application; and
             (d) all matters the responsible entity would or may assess against or have regard to, if the
                 change application were a development application; and
             (e) another matter that the responsible entity considers relevant.

      (3) For subsection (2)(d), the responsible entity—
          (a) must assess against, or have regard to, the matters that applied when the development
              application was made; and
          (b) may assess against, or have regard to, the matters that applied when the change
              application was made.

The applicable planning instruments that Council must have regard to are:
         •     State Planning Regulation;
         •     State Planning Policy; and
         •     The Noosa Plan.

The proposal does not change the use or scale of impacts and is consistent with the higher order State
Planning Regulations and Planning Policies. Management plans relating to Bushfire Management,
Vegetation Protection and Koala Management exist for the site and the proposed alterations do not
affect these plans.

The Noosa Plan includes the site in the Detached Housing zone which details that a dwelling is accepted
development and required to comply with the Detached House Code. It is noted that there are no site
specific provisions in the Noosa Heads locality or Detached House Code of the Noosa Plan relating to
the Bayview Road houses and the site is only affected by the Natural Hazards Overlay with reference
to a Bushfire- Potential Impact Buffer.

The Court Order for the site includes a number of conditions and development parameters specifically
relating to the Bayview Road Houses. These conditions relate to aspects such as height as well as
colours and materials to minimize impacts on the surrounding area. These conditions along with a
comparison of the current planning requirements and the proposal are detailed in the table below:

                     Court Approval                  Noosa Plan              Proposal

 Building            As per Architectural Sketches   2 storeys               2 storeys
 Height
                     Not to exceed RL71              8 metres                Less than RL71

 Site Cover          Not to exceed Architectural     40% for two storey or   26.5% (214m2)
                     Sketch Drawings (area not       50% and 30%
                     detailed)                                               Increases site cover by 0.5%.
                                                                             New      bedroom      partially
                     26% (209m2)                                             located over existing deck

 Gross       Floor   Not to exceed Architectural     Non specified           Additional 15m2 proposed.
 Area                Sketch Drawings:                                        New      bedroom      partially
                                                                             located over existing deck
                     260M2