2022-04-12 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     12 APRIL 2022


2.    BACKGROUND
A development approval for a Town Planning Consent (TPC) for a duplex was issued 13 March
1979.
Concerns were raised with regard to the proposal’s compliance with site cover, gross floor area
and setback requirements when it was submitted and as a result the applicant provided 2 other
options for consideration.
•     Option 1: the enclosed space the southern boundary would become an open roofed deck
      with privacy screens orientated to the south.
•     Option 2: The southern deck removed from the proposal.
Each option provided to Council officers resulted in the exceedance of site cover and gross floor
area and intrusion into the front setbacks than specified in the Noosa Plan.
The applicant has advised Council officers that the original plans submitted with the application are
the ones they want considered by Council and are reflected in this report accordingly.
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;
•     The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
•     Coastal Communities Local Plan Code;
•     Medium Density Residential zone Code;
•     Dual Occupancy and Multiple Dwelling Code.
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 use does not
       change and relates to an existing and approved building and use;
•      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
Under the Noosa Plan 2020, the site is zoned medium density residential and is intended to be
developed for dual occupancy and multiple dwellings in a range of dwelling sizes and styles. Under
s81(4) and (5) of the Planning Act 2016 the assessment manager must consider the planning
scheme in effect at the time of the original development approval and may consider the planning
scheme in effect when the change is made.

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