2019-12-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                            10 DECEMBER 2019


2.   BACKGROUND
A development approval for a Material Change of Use - Multiple Housing - Type 4 Conventional
(3 Units) was approved by Council at the Ordinary Meeting on 15 August 2019. The Minor
Change application is back before Council due to the original decision being made by Council.
Three submissions were received in relation to the original application. The main planning issues
with the original application were in regards to setbacks, height, view lines and privacy of
adjoining properties. These issues were addressed throughout the assessment process and
appropriately conditioned.
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:
   Noosaville Locality Code;
   Residential Uses Code;
   Landscaping Code; and
   Natural Hazard Overlay Code
The minor change application has been found to generally comply with all applicable statutory
instruments. The pertinent issues arising out of the assessment are discussed below.
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 changes
     are relatively minor in nature and do not result in a change of use or a dramatic change to
     the built form in terms or scale, bulk and appearance;
   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 mattes prescribed by regulation;
   the original application was impact assessable, therefore the change would not cause the
     application to change the level of assessment.
Applicant’s Request
The minor change application requests to change Condition 2 to reflect updated plans for the
development. The applicant states that the proposed changes are a result of further design and
development and fire service regulations.



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