Minor Change Report MCU22 0087 01 (As Published)

               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
               •    Noosa Plan 2020 (25 September 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 the proposal does
                    not:
                      o     involve a new use; or
                      o     result in the application applying to a new parcel of land; or
                      o     dramatically change the built form in terms of scale, bulk and appearance; or
                      o     change the ability of the proposed development to operate as intended; or
                      o     remove a component that is integral to the operation of the development; or
                      o     significantly impact on traffic flow and the transport network, such as increasing traffic
                            to the site; or
                      o     introduce new impacts or increase the severity of known impacts; or
                      o     remove an incentive or offset component that would have balanced a negative impact
                            of the development; or
                      o     impact on infrastructure provisions.
               •    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 original application was lodged and assessed under the Noosa Plan 2020. Pursuant to s81 of
               the Planning Act 2017, Council must consider the planning scheme in effect when the original
               development application was lodged, however Council may give weight to Noosa Plan 2020 as the
               planning scheme in effect at the time of the minor change application being lodged.
               The following codes from Noosa Plan 2020 are applicable to this development:
                    • Landslide Hazard Overlay Code
                    • High Density Residential Zone Code;
                    • Noosa Heads Local Plan Code;
                    • Dual Occupancy and Multiple Dwelling Code;
                    • Works Codes;
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:



                                                                                                      Page 15 of 34

Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025