planning report minor change

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Figure.3 — Approved and Proposed Landscape plans

Background

e 25 January 2023 - Council Approval
e 5 June 2023 — Minor Change issued for changes to the frontages and additions for a lift
e 8April 2025 — Final Plan Seal Inspection

Minor Change Test

An assessment against the meaning of minor change and a response about the proposed
application is provide below. The Planning Act 2016 defines a minor change as a change to the
approval that:

i. would not result in a substantially different development’;
(“In determining whether the proposed change would result in substantially different development, the
assessment manager or referral agency must consider the individual circumstances of the development, in the
context of the change proposed.)

Schedule 1 of the Development Assessment Rules set outs provisions for a substantially different
development. A change may be considered to result in a substantially different development if the
proposed change results in any of the following outlined in Table 1 below.

Table 1 - Substantially different development

 

Provisions of Schedule 1 of the DA Rules Response

 

(a)

Involves a new use

There is no new use proposed onsite

 

(b)

results in the application ap plying to a new parcel of
land; or

No new parcel of land is introduced

 

(c)

dramatically changes the built form in terms of
scale, bulk and appearance; or

Although the design changes slightly, the building is
sited in the same location as approved with the
same height, setbacks, plot ratio and site cover. The
modification to the approved plans do not
dramatically change the scale, bulk or appearance
of the development.

 

changes the ability of the proposed development to
operate as intended; or

No change to the use approved.

 

removes acomponent that is integral to the
operation of the development; or

No essential component of the development is
proposed to be removed.

 

significantly impacts on traffic flow and the transport
network, such as increasing traffic to the site; or

The proposal does not trigger any additional traffic
or car parking to that originally approved.

 

 

introduces new impacts or increase the severity of
known impacts; or

 

No newimpacts or the severity of impacts is likely to
result from the plan modifications.

 

 

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(h) removes an incentive or offset component that Does notremove an offset or incentive components
would have balanced a negative impact of the of the development.
development; or
(i) impacts on infrastructure provisions. Thereis no additional impacts on infrastructure.

 

 

 

 

Given the above, the proposed change to the existing approval is a minor change in accordance
with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.

Deciding the Request

In accordance with S81 of The Planning Act 2016, Council must only consider the information

provided and any other matter considered relevant, including — all matters Council would or may
assess against or have regard to, if the change application were a development application.

Council must only consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made. However, may give
weight they consider appropriate, in the circumstances, to—

(a) the statutory instrument or other document as in effect when the change application was
made (Superseded Planning Scheme); or

(b) if the statutory instrument or other document is amended or replaced after the change
application is made but before it is decided—the amended or replacement instrument or
document; or

(c) another statutory instrument—
(i) that comes into effect after the change application is made but before it is decided; and
(ii) that the responsible entity would have been required to consider if the instrument had
been in effect when the development application for the development approval was properly
made.

Therefore, in accordance with the above the proposal is assessed against the conditions of
approval and the Noosa Plan 2020. The proposal complies with all these instruments and approval
and is discussed below.

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Assessment

The key development parameters from the existing approval are outlined below and an
assessment of the differences is provided thereafter.
Table 2— Development Parameters

 

 

 

 

 

 

 

 

Criteria Approval Proposal Compliance
Boundary setbacks (up to 4.5m height)

* Side 1.5m (NW) 1.5 metres 0.3m to tank PO

* Side 1.5m (SE) 1.5 metres 0.3m to tank PO
Landscaped open space 239m? (40%) 238m* (40%) Both comply
Soft landscaping 173m? 169m? Both comply

 

As outlined in the Table, the proposal is generally in accordance with the existing approval apart
from the new slimline 3,000L water tank being located along the boundaries. The tanks were put
in after the construction of the building after it was decided to not locate the tanks under the
driveway. A picture of the slimline tanks is included below.

 

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Figure.4 — Photos of 3,000L slimline tanks (southern and northern side boundaries)

The Noosa Plan 2006 included rainwater tanks as being part of the landscaped area, whereas the
current Noosa Plan 2020 definitions do not specifically mention rainwater tanks. Rainwater tanks

are not assessable building work for houses, but they are for dual occupancies. A copy of the
relevant definitions are included below.

landscaped area (including landscaped buffer areas, landscaped building setback and
landscaping) means part of a site comprising predominantly soft landscaping and set aside for the
purposes of enhancing or protecting the amenity of the site. The term includes the areas occupied
by a rainwater tank and bicycle racks, swimming pools or ponds and garden paths, but does not
include impervious surfaces such as driveways, vehicle access lanes, vehicle parking and
manoeuvring areas, waste storage areas, and the like.

Figure.5 — Noosa Plan 2006 definition for Landscaped Area

 

landscaped area (including landscaped buffer areas, landscaped building setback and landscaping) means part of a site comprising
predominantly soft landscaping and set aside for the purposes of enhancing or protecting the amenity of the site. The term includes the
areas occupied by bicycle racks, swimming pools or ponds and garden paths, but does not include impervious surfaces such as
driveways, vehicle access lanes, vehicle parking and manoeuvring areas, waste storage areas, and the like.

 

 

 

Figure.6 — Noosa Plan 2020 definition for Landscaped Area

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The changes to the location of the tanks still meet the required minimum landscaped area

requirements. The location of plantings in front of the tanks also still provide for landscaping along
boundaries with adjoining premises — consistent with the requirements of The Noosa Plan.

Changes to Conditions
As a result of the proposed changes the following conditions require changing:

Approved Plans
Update the approved plans to show the additional tanks.

- MCU Plans (add additional plan by Archend)
- OPW Plans (replace stormwater plan by Recor and Element with updated tanks shown)

If you have any further queries in relation to the above, please do not hesitate to contact myself.

Regards,

Jack Lewis B.Sc Hons UNSW M.Plan Otago RPIA
Planner/Director

Pivotal Perspective Pty Ltd

0406 334 227