Minor Change Report 51987 2949 6 · 51987.2949.6

               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 it will not change
                      the use of the original approval and will not increase the scale of the 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 following codes from the Noosa Plan 2020 are applicable to this development:
               •      High Density Residential Zone Code;
               •      Noosa Heads Local Plan Code;
               •      Dual Occupancy and Multiple Dwelling Code;
               •      Works Codes.


               Gross Floor Area/Plot Ratio
               Superseded Planning Scheme
               The proposal exceeded the maximum GFA permitted for the site under the superseded planning
               scheme. When the proposal was approved the site was zoned Residential Low density and
               exceeded the maximum GFA (max. 2140m²) for that zoning, however, prior to that zoning the land
               was zoned Residential ‘B’ which permitted a greater GFA (3568m²) and there had been a previous
               approval over the site for a much larger development. The proposal GFA was 3120m², 448m²
               under the Residential ‘B’ maximum GFA. The proposal was seen to be a compromise between the
               2 zoning provisions and the planners report provides the following grounds to support the proposal
               despite the conflict with the scheme:
                    1. The site is constrained by slope such that a larger building is necessary to enable a viable
                        construction.
                     2. The site was previously zoned Residential ‘B’ which permitted larger developments up to 3
                        storeys. The subject proposal is 3 storey in part only.
                     3. A previous approval provided for 44 x 2 bedroom units




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Document Set ID: 22389003
Version: 4, Version Date: 08/05/2023