Minor Change Report 131999 982846 3 [As Published] · 131999.982846.3

               2.     BACKGROUND
               On 16 September 1999, Council approved a Material Change of Use for a Dwelling house in a
               Sand Dune Problem Area (Council ref. 131999.982846 / 17447 DA).
               On 16 May 2016, a minor change approval was issued for an extension to the dwelling house for
               the purpose of a garage and bin storage area along the side boundary.
               On 19 March 2018, a minor change approval was issued for retrospective approval for retaining
               walls that has been constructed within the eastern portion of the property.
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      The Noosa Plan 2020.
               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 extent of works
                      relate to a lift to support the existing dwelling on the allotment;
               •      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 following codes from the Noosa Plan 2020 are applicable to this development:
               •      Low Density Residential Zone Code;
               •      Low Density Housing Code;
               •      Coastal Protection and Scenic Amenity Overlay Code;
               •      Landslide Hazard Overlay Code.
               The original development permit was approved under the 1990 Planning Scheme. The Planning
               setback requirements under the scheme at the time of the approval and current planning
               instrument remain the same.
               The proposed change triggers assessment against Acceptable Outcome AO9.3 of the Low Density
               Residential Zone Code states:
               AO9.3 Buildings and structures meet the following minimum setbacks to boundaries other than
                     road frontages and rear boundaries:
                          a.      1.5 metre setback up to 4.5 metres height;
                          b.      2 metres setback between 4.5 metres and 7.5 metres height; and
                          c.      2.5 metres if above 7.5 metres height.

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Document Set ID: 22495661
Version: 3, Version Date: 21/07/2023