Development Assessment Report - 30 Hastings Street, Noosa Heads · 51983.3225.25

3.       Legislative Context and Assessment of Development Application

This Change to Development Permit is lodged in accordance with Section 78 and 79 of the
Planning Act 2016.


It is our view that the proposed development satisfies the definition of a ‘Minor Change’ in
accordance with the definitions of Schedule 2 of the Planning Act 2016, on the following basis:
     -    The development would not, as a result of the change, result in prohibited development,
          or require further referral to a referral agency; or,
     -    The change to the development in would not trigger the need for public notification.


The proposed development will not result in ‘Substantially Different Development’ as defined
within Schedule 1 of the Development Assessment Rules, with the development not resulting in:
     -    The introduction of a new use, or apply to a new parcel of land;
     -    A dramatic change to the built form in terms of scale, bulk and appearance compared to
          the development approved under 51983.3225.16, with no exceedance to building height,
          or notable increase in setbacks or site cover;
     -    The removal of a component that is integral to the operation of the development; and,
     -    Impacts to road or service infrastructure or result in new impacts or increase the severity
          of known impacts.


In accordance with Schedule 81 of the Planning Act 2016, the application is to be assessed
against the planning scheme that was in effect of the time the originating development
application was lodged. Despite this, Council can give weight to the Noosa Plan 2020, to the
degree considered relevant.


In terms of the assessment of the development, noting that the development does not introduce
a new land use, an assessment against the previously approved development for the site, as well
as the historical arrangement has been provided.


As per the Table 2 below, the proposed development remains consistent with both the approved
outcomes under 51983.3225.16, as well as the historic approval and therefore should be
approved by Council. Whilst elements like site cover have not been addressed, this is due to the
documentation contained within 51983.3225.16 not detailing the approved outcome and the
proposed development not containing an overall site cover calculation. Despite this Figure 5
below demonstrates that the development does not contain a demonstrably different site cover
to that approved under 51983.3225.16.




Development Assessment Report                                                                       7
URBN Ref: 251003