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RAL250001 - Minor Change Application - Amended 5.8.25

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      14th July 2025 – Amended on 5th August 2025

      Our Reference: #682
      Council File Reference: RAL25/0001

      Noosa Shire Council
      BY EMAIL [email protected]

      Dear Sir / Madam,

      RE:     REQUEST FOR MINOR CHANGE TO DEVELOPMENT PERMIT – RAL25/0001 – DEVELOPMENT
              PERMIT FOR RECONFIGURING A LOT – 1 LOT INTO 9 LOTS INVOLVING LAND AT 44 HOY
              ROAD, LAKE MACDONALD QLD 4563 (LEGALLY DESCRIBED AS LOT 3 ON RP171041)

      In accordance with s. 78 of the Planning Act 2016 and on behalf of Indigo Group Australia Pty Ltd, we
      wish to make a minor change to the abovementioned Development Approval for Reconfiguring a Lot
      – 1 Lot into 9 Lots involving land at 44 Hoy Road, Lake Macdonald Qld 4563 (legally described as Lot 3
      on RP171041).

      BACKGROUND

      On 30 April 2025, Noosa Council approved a development application for Reconfiguring a Lot – 1 Lot
      into 9 Lots. This application was subject to Code Assessment. Figure 1 below denotes the currently
      approved development layout.




                                           Figure 1 – Extract of Approved Plans




                                                                                                                   P: 07 5452 5207
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                                                                                                PO Box 1043 Maroochydore Q 4558
                                                                                               innovativeplanningsolutions.com.au
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Page 2

      PROPOSED MINOR CHANGES

      This application seeks to make minor amendments to the approved conditions as outlined below:

      Water and Sewer Connections

          6. An underground connection to reticulated water must be provided to each lot in accordance
             with the standards and requirements of Northern SEQ Distributor–Retailer Authority
             (Unitywater).

              A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
              (Unitywater) must be submitted to Council that certifies an underground connection to
              reticulated water has been provided to each lot.

      Comment: As evidenced by the attached correspondence, Unitywater has responded negatively to
      our request to service the development with an underground connection to reticulated water. As
      such, we are seeking approval for an alternative condition that allows for the establishment of suitable
      onsite water supply systems.

      Landscaping Works

          10. The development site must be landscaped. The works must be undertaken in accordance with
              an Operational Works approval and the Noosa Plan 2020 Schedule 2 – Landscape for that
              specific area and must include in particular:
                  a. …
                  b. provision of 1 street tree within the road reserve for every 8 metres of new road.
                  c. …
                  d. …

      Comment: Provision of 1 street tree per 8m is the requirement for urban areas. The provision for rural
      residential areas is 1 street tree per 12m. It is requested that the condition be amended accordingly
      (per discussions between Council’s environmental specialist and our consulting environmentalist –
      Litoria).

      Land Rehabilitation

          16. The land area identified as ‘Proposed Environment Covenant over Lot 9’ & in accordance with
              Approved Plan, must be revegetated and rehabilitated* in accordance with an operational
              works. The works must include a detailed ecological rehabilitation plan, prepared by a suitably
              qualified person* and must include in particular:
              (a) – (h)




                                                                                                                 P: 07 5452 5207
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                                                                                Level 1, 9 First Avenue, Maroochydore Qld 4558
                                                                                              PO Box 1043 Maroochydore Q 4558
                                                                                             innovativeplanningsolutions.com.au

Page 3

                 (i) control of all weeds species listed in the following standards and legislation:
                       i. …
                      ii. …
                     iii. Council Listed Environmental Weeds, Exotic Grasses and other plants identified in
                          writing by Council

      Comment: Condition 16.i.ii should be deleted on the following grounds: The condition is open-ended,
      and the terms are not defined. The Council's biosecurity plan already lists Council-declared pest
      species, and Schedule 3 includes environmental weeds. We need to maintain the existing grass cover
      to prevent erosion. Some of this cover includes 'improved pasture' species, which are 'exotic grasses'
      but are not declared by the Council under the Biosecurity Plan, such as Rhodes Grass. We must retain
      these grasses in the short term to protect the soil from erosion, maintain soil health and moisture and
      avoid land degradation. In the long run, the new plantings envisaged by the balance of the condition
      will help shade the exotic grasses out. Therefore, removing the condition will not affect the approval
      or the intended environmental outcome and will prevent adverse environmental effects that could
      lead to land degradation.

      ASSESSMENT OF CHANGE AGAINST THE PLANNING ACT 2016

      Consideration has been given to the relevant matters for assessing a minor change per the Planning
      Act 2016, having regard to the definition of minor change in Schedule 2 and the assessment criteria in
      Section 81 of the Act.

      Schedule 2 of the Planning Act 2016 outlines the definition of a minor change for a development
      approval:

              Schedule 2 – minor change means a change that –
              …
              (b) for a development approval –
              (i) would not result in substantially different development; and
              (ii) if a development application for the development, including the change, were made when the
              change application is made would not cause –
              (A) the inclusion of prohibited development in the application;
              (B) referral to a referral agency, other than to the chief executive, if there were no referral
              agencies for the development application; or
              (C) referral to extra referral agencies, other than to the chief executive; or
              (D) a referral agency, in assessing the application under section 55(2), to assess the application
              against, or have regard to, a matter, other than a matter the referral agency must have assessed
              the application against, or had regard to, when the application was made; or
              (E)pubic notification if public notification was not required for the development application.




                                                                                                                    P: 07 5452 5207
Page 3 of 7                                                                                                E: [email protected]
                                                                                   Level 1, 9 First Avenue, Maroochydore Qld 4558
                                                                                                 PO Box 1043 Maroochydore Q 4558
                                                                                                innovativeplanningsolutions.com.au

Page 4

      Response – The proposed change to the development are considered to satisfy the minor change
      provisions as:

       (a) The proposed change to the approved development does not result in substantially different
           development as the proposed development as:

              •   Is for the same land use – no change to the approved use is proposed.
              •   Is for the same parcel of land – the change does not involve new land.
              •   Does not dramatically change the scale of the proposed development – the change does
                  not dramatically change the scale of the approved development.
              •   Does not change the ability of the development to operate as intended – the change does
                  not change the ability of the of the development to operate as intended.
              •   Does not remove any component integral to the development – the change does not
                  remove any component integral to the development.
              •   Does not significantly impact on traffic flow or the transport network – the change does
                  not significantly impact on traffic flow or the transport network.
              •   Does not introduce new impacts or increase known impacts – does not introduce new
                  impacts or increase known impacts.
              •   Does not remove an incentive or offset component that would have balanced a negative
                  impact of the development – does not remove an incentive or offset component that would
                  have balanced a negative impact of the development
              •   Does not impact of the provision of infrastructure – the change does not impact on the
                  provision of infrastructure.

          (b) The development does not propose the inclusion of prohibited development.

          (c) The development does not result in referral to additional referral agencies that were not
              required by the original application.

          (d) The original development application was subject to code/impact assessment. Were a fresh
              application required to be lodged incorporating the prosed change, such an application would
              also be subject to code/impact assessment. As such, the proposed changes do not alter the
              level of assessment.

      Therefore, we consider the proposed development changes to be deemed a “minor change”. Pursuant
      to Section 81 of the Planning Act 2016 the assessment criteria for considering an application for a
      minor change is as follows:

              81 Assessing and deciding application for minor changes
              (1) This section applies to a change application for a minor change to a development approval.
              (2) When assessing the change application, the responsible entity must consider—




                                                                                                                  P: 07 5452 5207
Page 4 of 7                                                                                              E: [email protected]
                                                                                 Level 1, 9 First Avenue, Maroochydore Qld 4558
                                                                                               PO Box 1043 Maroochydore Q 4558
                                                                                              innovativeplanningsolutions.com.au

Page 5

              (a) the information the applicant included with the application; and
              (b) if the responsible entity is the assessment manager—any properly made submissions about
              the development application or another change application that was approved; and
              (c) any pre-request response notice or response notice given in relation to the change application;
              and
              (d) if the responsible entity is, under section 78(3)(ba) or (bb), the Minister—all matters the
              Minister would or may assess against or have regard to, if the change application were a
              development application called in by the Minister; and
              (da) if paragraph (d) does not apply—all matters the responsible entity would or may assess
              against or have regard to, if the change application were a development application; and
              (e) another matter that the responsible entity considers relevant.

      The proposed minor change to the approval takes into account the considerations which are required
      to be made by the Assessment Manager pursuant to Section 81 of the Planning Act 2016, by virtue of
      the following:

          1. The proposed change meets the ‘test’ of a minor change and will not result in substantially
             different development;
          2. The proposed change does not require further referral to any additional state assessment
             agency than those already included in the original development application;
          3. The proposed change to the original application does not result in any material change to the
             existing development permit.

      APPROVAL PACKAGE AMENDMENTS

      As a consequence of the proposed changes, it is requested that the decision notice be amended to
      reflect the following:

          6. The development must provide a minimum 45,000 litres of on-site water storage for domestic
             purposes on each lot. Lot 1 must be provided with an additional static water supply dedicated
             for firefighting purposes. The dedicated static supply must be provided in accordance with
             section 7 of the Bushfire hazard memo listed within this Decision Notice.

          10. The development site must be landscaped. The works must be undertaken in accordance with
              an Operational Works approval and the Noosa Plan 2020 Schedule 2 – Landscape for that
              specific area and must include in particular:
                  a. the works shown on the Approved Plans.
                  b. provision of 1 street tree within the road reserve for every 12 metres of new road.
                  c. Native revegetation provided along the eastern road reserve that abuts the
                       vegetation covenant on Lot 9.
                  d. removal of all weeds species listed in the following standards and legislation:




                                                                                                                     P: 07 5452 5207
Page 5 of 7                                                                                                 E: [email protected]
                                                                                    Level 1, 9 First Avenue, Maroochydore Qld 4558
                                                                                                  PO Box 1043 Maroochydore Q 4558
                                                                                                 innovativeplanningsolutions.com.au

Page 6

                           i. declared plants under the Land Protection (Biodiversity Act 2016 and
                              subordinate Regulation 2016).
                          ii. The Noosa Biosecurity Plan 2020

          16. The land area identified as ‘Proposed Environment Covenant over Lot 9’ & in accordance with
              Approved Plan, must be revegetated and rehabilitated* in accordance with an operational
              works. The works must include a detailed ecological rehabilitation plan, prepared by a suitably
              qualified person* and must include in particular:
                  a. Be generally in accordance with concept rehabilitation plan referenced in this
                      approval
                  b. Minimum planting density:
                            i. Canopy Trees 5m centres
                           ii. Small trees 3m centres
                          iii. Shrubs 3m centres
                  c. Mature native vegetation within the waterway corridor must be retained in situ
                  d. details of the treatment to all batters, armoury, plantings, weed treatment, location
                      of services/utilities and rehabilitation.
                  e. Revegetation of the road reserve adjacent lot 9 covenant
                  f. a species palette and densities table incorporating the species selection of only native
                      local species suitable for the site
                  g. a maintenance period of no less than 3 years for the proposed covenant area
                  h. measurable and achievable criteria on which the performance of the floristic and
                      structural component of the re-vegetation strategy can be assessed annually over
                      three years, including no weeds at the end of the rehabilitation period
                  i. control of all weeds species listed in the following standards and legislation:
                            i. Scheduled plants under the Noosa Biosecurity Plan 2020
                           ii. Undesirable Plant Species listed in Table SC6.3.5.1 of the Planning Scheme
                               Policy 2 Landscaping of the Noosa Plan 2020
                          iii. Council Listed Environmental Weeds, Exotic Grasses and other plants
                               identified in writing by Council

      APPLICATION FEE

      In accordance with Councils’ Fees and Charges Register, a Minor Change Application for a Change to
      conditions and plans as detailed above requires a fee of $1,135.00. The relevant fee will be paid to
      Council following receipt of Council’s payment advice.




                                                                                                                 P: 07 5452 5207
Page 6 of 7                                                                                             E: [email protected]
                                                                                Level 1, 9 First Avenue, Maroochydore Qld 4558
                                                                                              PO Box 1043 Maroochydore Q 4558
                                                                                             innovativeplanningsolutions.com.au

Page 7

      SUMMARY

      In summary, the above assessment demonstrates that the proposed changes can be considered a
      minor change to the approval under the Planning Act 2016 and we request favorable consideration in
      relation to same.

      I trust the above is relatively straightforward and I understand an invoice for payment of the Council
      application fees will be emailed once the application has been processed.

      Should you require anything further or wish to discuss any aspect of the above, please do not hesitate
      to our office on 07 5452 5207.

      Yours sincerely




      James Brownsworth
      DIRECTOR
      INNOVATIVE PLANNING SOLUTIONS




                                                                                                                P: 07 5452 5207
Page 7 of 7                                                                                            E: [email protected]
                                                                               Level 1, 9 First Avenue, Maroochydore Qld 4558
                                                                                             PO Box 1043 Maroochydore Q 4558
                                                                                            innovativeplanningsolutions.com.au

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