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Minor Change Letter
Attention: Development Services
Noosa Shire Council
Minor Change Request
Address: 5/6 Advance Place Sunrise Beach QLD 4567
Lot and Plan: 5 BUP104876
Proposal: Extension to Multiple Dwelling (Patio on Unit 5)
Approval Number: 51995.1534
I am writing to request a Minor Change (Section 81 of the Planning Act 2016) to the existing approval
(51995.1534), for an Extension to Multiple Dwelling (Patio on Unit 5).
In accordance with Schedule 2 of the Planning Act 2016 and Schedule 1 of the DA Rules, the
proposed development is considered to be a minor change. Refer to Appendix A and Appendix B for
assessment against the definition of a minor change and substantially different development.
The Minor Change constitutes two parts:
1. Change to the dimensions of the patio already approved under 51995.1534.02
An approval was previously granted for a patio extension to a multiple dwelling, however, upon
receipt of the approval, it was determined that the patio dimensions shown on the approved set of
plans had been incorrectly labelled. The patio depth was approved at 3 metres and the width was
approved at 4.85 metres; however, the intent was to have a patio with a depth of 4.85 metres and a
width of 3.1 metres.
Other than the 100mm added to the width, this is simply a labelling error, therefore, the original site
plan was accurate in terms of proportions and layout. There will be no change to the approved
setbacks. Further, no changes to the height of the patio are proposed.
2. New deck and spa
The proposal is for a new 16sqm floored deck under the above-mentioned, previously approved
patio roof. The dimensions of the deck are 3.6m x 4.5m.
As the deck does not rise more than 450mm from ground level, it is not considered that this will
result in any amenity impacts on the existing or surrounding residents of the apartment building.
The second component of the proposed development is a new spa at the rear of the dwelling that
is partially (approximately 1.8m) above-ground. The spa is set back from the rear boundary by 2.5m
and 2.8m from the side boundary, meaning the development achieves adequate separation from
adjoining dwelling units.
Overall, the proposed development is small-scale and does not create any burden on the existing
development.
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The approved plans and drawings listed as part of the development approval should include the
proposed plans for Lot 0/5, 5/6 Advance Place Sunrise Beach QLD 4567. Please refer to the table
below:
Proposed Plans and Drawings:
Document Title Drawing Number Date
Overall Site Plan 2 June 2022
Proposed Floor Plans 3 June 2022
North/South/East Elevations 4 June 2022
Elevations 5 June 2022
It is considered that the proposed change constitutes a minor change (section 81) to an existing
development approval under section 78, subdivision 2 of the Planning Act 2016.
Yours Sincerely,
Lillian Sheppard
Town Planner
Page 3
Appendix A – Minor Change Definition
Planning Act – Schedule 2
In accordance with Schedule 2 of the Planning
Act 2016, a minor change means a change for a Comments:
development approval that:
(i) would not result in substantially different The proposal does not result in substantially different
development; and development. Refer to Appendix B - substantially
different development test.
(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 proposed change will not include prohibited
the application; or development.
b) referral to a referral agency, other than to The proposed minor change does not require referral
the chief executive, if there were no to a referral agency.
referral agencies for the development
application; or
c) referral to extra referral agencies, other The proposal does not required referral to extra
than to the chief executive; or referral agencies.
d) a referral agency to assess the application Assessment by a referral agency is not required.
against, or have regard to, matters
prescribed by regulation under section
55(2), other than matter the referral
agency must have assessed the application
against, or have had regard to, when the
application was made; or
e) public notification if public notification was The minor change does not require public
not required for the development notification.
application.
Page 4
Appendix B – Substantially Different Development.
DA Rules - Schedule 1
Substantially Different Development Test
1. An assessment manager or responsible entity may determine that the change is a minor change to a
development application or development approval, where – amongst other criteria – a minor change
is a change that would not result in ‘substantially different development’.
2. An assessment manager or responsible entity must determine if the proposed change would result in
substantially different development for a change—
a. made to a proposed development application the subject of a response given under section
57(3) of the Act and a properly made application;
b. made to a development application in accordance with part 6;
c. made to a development approval after the appeal period.
3. 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.
4. A change may be considered to result in a substantially different development if the proposed change:
a) involves a new use; or The proposal does not involve a new use.
b) results in the application applying The proposed development does not require an application for a
to a new parcel of land; or new parcel of land.
c) dramatically changes the built The proposed change will not dramatically increase in the scale,
form in terms of scale, bulk and bulk or appearance of the development.
appearance; or
d) changes the ability of the proposed The minor change will not affect the ability of the development to
development to operate as operate as intended as a Multiple Dwelling.
intended; or
e) removes a component that is The proposal does not remove an integral part of the
integral to the operation of the development.
development; or
f) significantly impacts on traffic flow The proposal does not impact the existing use of the site. There
and the transport network, such as will be no increase to the traffic to the site.
increasing traffic to the site; or
g) introduces new impacts or increase The site was approved for a residential use and this use will
the severity of known impacts; or remain. The are no new impacts
h) removes an incentive or offset There are no incentives or offsets removed as part of the proposed
component that would have minor change.
balanced a negative impact of the
development; or
i) impacts on infrastructure There will be no impact on the existing infrastructure.
provisions.