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Minor Change Report 132003.221035.1 (As Published)

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               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     dramatically change the built form in terms of scale, bulk and appearance.
               •      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               The original application was lodged and assessed under the now superseded 1990 planning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:
               •      Low Density Residential Zone Code;
               •      Low Density Housing Code;
               Front Setback
               Acceptable Outcome AO9.1 of the Low Density Residential Zone Code states:
               AO9.1 Buildings and structures have a setback of 6 metres from the road frontage, provided that
                     setback to one frontage may be reduced to 4.5 metres where the lot:
                          a.      has frontage to more than one road; and
                          b.      is less than 600m2 in area; or
                          c.      is less than 15 metres in width.
               The applicant is proposing a front setback of 3.5m for the proposed storage room and as such
               does not comply with AO9.1 of the Low Density Residential Zone Code. The proposal is therefore
               required to comply with corresponding Performance Outcome PO9 of the Low Density Residential
               Zone Code, which states:
               PO9        Buildings and structures are designed and sited to:
                          a.      provide a high level of amenity to users of the subject site and adjoining premises,
                                  including provision of visual and acoustic privacy and access to sunlight;
                          b.      not unreasonably obstruct views or cause overlooking of private open space or
                                  habitable areas of adjoining premises;
                          c.      provide adequate distance from adjoining land uses;
                          d.      preserve existing vegetation that will help buffer development;
                          e.      allow for space and landscaping to be provided between buildings including
                                  adequate area at ground level for landscaping with trees, shrubs and outdoor living;
                          f.      be consistent with the predominant character of the streetscape; and


                                                                                                         Page 4 of 6

Document Set ID: 24644059
Version: 6, Version Date: 10/04/2026

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