Minor Change Report OPW22/0273.02

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               2.     BACKGROUND
               A development approval for Operational Works - Vehicle Crossover was approved on 13 March
               2023.
               The subject works have a lengthy history as the crossover was constructed without approval. The
               property owner has previously submitted 2 other applications that have been withdrawn after
               exhausting time frames and prior to a decision being made (OPW20/0172 and OPW21/0219).
               Council’s concerns with the constructed crossover are due to the blockage of overland flowpaths
               in the verge area. The blockage has the potential to pond water on the road reserve which may
               impact on the road formation but of greater concern is the potential for the ponded water to drain
               into the basement level of the adjoining residence.
               3.     ASSESSMENT
               The subject application (OPW22/0273.01) includes a condition for the rectification works to be
               carried out and accepted by Council no later than 13 October 2023. The specific date was included
               to address concerns with the constructed crossover due to the blockage of overland flowpaths in
               the verge area prior to the commencement of the ‘wet season’ (typically Nov-Jan).
               Council became aware that a change in property ownership had occurred of the subject site.
               Council recognised that it was increasingly unlikely that the works would be completed and
               accepted by Council by 13 October 2023. In the interest of Natural Justice, Council reached out to
               the new property owner to alert them of the impeding breach of condition. As a result, the applicant,
               under the authorisation of the new property owner, requested an extension to the works as he now
               has the financial means to undertake the work.
               After discussions internally and in interest of resolving the outstanding issue, Council considers
               the request to extend Condition 3 reasonable, as the following was provided to Council during early
               negotiations regarding this extension:
               1.     Written owner’s consent from the new owner of No 12 Grosvenor Terrace is provided to
                      Council indicating that they, as the property owner of 12 Grosvenor Terrace, Noosa Heads,
                      agree to the proposed works.
               2.     A written quote (including items (a), (b) and (c) below) and confirmed start- and end-dates
                      for the work by the principal contractor.
               3.     An Uncompleted Works Bond is submitted to, and accepted by, Council. The Uncompleted
                      Works Bond must be 150% of the total value of the works, including, but not limited to: (a)
                      the demolition of the existing vehicle crossover, (b) the construction of the proposed
                      crossover, and (c) the RPEQ supervision and certification. A cost breakdown schedule must
                      be submitted to Council as part of the submission of the Uncompleted Works Bond.
               As a result of the above, Council considers the requested extension to 3 November 2023
               reasonable (as per the written quote prepared by Urban Creations on 10 October 2023). Having
               received an Uncompleted Works Bond and in the interest in resolving the outstanding matter
               described above, it should be noted that Council is highly unlikely to support any further extensions.
               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.




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Document Set ID: 22619957
Version: 2, Version Date: 13/10/2023

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               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;
               •      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:
               •      Driveway and Parking Code.


               Condition 3
               The works required by the permit must be completed and accepted by Council by the 13 October
               2023.
               Until the works have been completed and accepted by Council the following property notation or
               similar will be placed on Council’s rates records for the subject property:
               The vehicle access to the property does not comply with Council's Local Laws and requires
               upgrading.
               Applicant’s Request
               The applicant is requesting that the 13 October 2023 time frame be extended to 3 November 2023.
               Assessment of Request
               For the reasons discussed above in Section 3, Council considers the requested change in date
               reasonable.


               It is recommended that Condition 3 be amended to read as follows:


               The works required by the permit must be completed and accepted by Council by the 3 November
               2023.
               Until the works have been completed and accepted by Council the following property notation or
               similar will be placed on Council’s rates records for the subject property:
               The vehicle access to the property does not comply with Council's Local Laws and requires
               upgrading.


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable

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               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. OPW22/0273.02 to make a minor change to an existing approval
               for Operational Works – Vehicle Crossover situated at 12 Grosvenor Tce Noosa Heads Qld 4567
               12 Grosvenor Tce Noosa Heads Qld 4567 described as Lot Lot 19 SP 188268, Council on 13
               October 2023 decided to:
               A.     Approve the change.
               B.     Amend condition 3 to read as follows:
                      The works required by the permit must be completed and accepted by Council by the 3
                      November 2023.
                      Until the works have been completed and accepted by Council the following property notation
                      or similar will be placed on Council’s rates records for the subject property:
                      The vehicle access to the property does not comply with Council's Local Laws and requires
                      upgrading.




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Document Set ID: 22619957
Version: 2, Version Date: 13/10/2023