2018-12-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 11 DECEMBER 2018


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 whole of the Noosa Plan is applicable to this application. However, the following Codes are
more specific to the assessment:
    Noosaville Locality Code
    Business Uses Code
    Landscaping Code
    Engineering Works 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’. Schedule 2 of the Planning
Act 2016 set outs the meaning of a minor change as:
Minor change means a change that—
(b)   For a development approval—
      (I)    would not result in substantially different development; and
      (ii)   If a development application for the development, including the change, were made
             when the change application is made would not cause—
             (A)   The inclusion of prohibited development in the application; or
             (B)   Referral to a referral agency, other than to the chief executive, if there were no
                   referral agencies for the development application; or
             (C)   Referral to extra referral agencies, other than to the chief executive; or
             (D)   A referral agency to assess the application against, or have regard to, matters
                   prescribed by regulation under section 55(2), other than matters the referral
                   agency must have assessed the application against, or have had regard to, when
                   the application was made; or
             (E)   Public notification if public notification was not required for the development
                   application.
Under the Planning Act 2016 section 68(1) the Development Assessment Rules Schedule 1
outlines the following provisions to determine if the development is a ‘substantially different
development’:
4.    A change may be considered to result in a substantially different development if the proposed
      change:
      (a)    Involves a new use; or
      (b)    Results in the application applying to a new parcel of land; or
      (c)    Dramatically changes the built form in terms of scale, bulk and appearance; or
      (d)    Changes the ability of the proposed development to operate as intended; or
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