Minor Change Report 51981 4258 03 [As Published] · 51981.4258.03

               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:
               •      the development would not result in substantially different development;
               •      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               The original application was lodged and assessed under the now superseded 1973 planning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:
               •      High Density Residential Zone Code;
               •      Coastal Communities Local Plan Code;
               •      Dual Occupancy & Multiple Dwelling Code;
               •      Coastal Protection and Scenic Amenity Code.
               Existing Condition 2
               Nature and Extent of Approved Use
               2.     Provision of at least 25 off-street car parking spaces, comprising 20 covered spaces and 5
                      uncovered spaces, and access thereto which are to be provided with a sealed pavement and
                      designed, drained, constructed and maintained in accordance with the Town Planning
                      Scheme, Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans
                      and specifications for these works are to be submitted to the Shire Engineer for approval in
                      conjunction with the Building Application.
                      2.1. 2 covered spaces are for exclusive use by Apartment 3.
                      2.2. 1 space is for exclusive use by the Manager’s Office.
               Applicant’s Request
               The reason for the request is to remove the word “exclusive” from Condition 3 as this requires
               amendment to the Community Management Statement.
               The applicant has requested existing Condition 3 be amended and replaced with the following
               amended condition:
               2.     Provision of at least 25 off-street car parking spaces, comprising 20 covered spaces and 5
                      uncovered spaces, and access thereto which are to be provided with a sealed pavement and
                      designed, drained, constructed and maintained in accordance with the Town Planning
                      Scheme, Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans
                      and specifications for these works are to be submitted to the Shire Engineer for approval in
                      conjunction with the Building Application.


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Document Set ID: 23478076
Version: 4, Version Date: 13/02/2025