Council archive · source document
Minor Change Report 132003.221035.1 (As Published)
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The original application was lodged and assessed under the now superseded 1990 planning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
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalUsed in these records
Minor Change Report 132003.221035.1 (As Published).pdfRelated documentApplication case desk ↗
About this file
- File size
- 1.5 MB (small file)
- File type
No other editions are linked here.