Planning Statement Minor change · 51901.4446.01

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                         Subject site




Figure 2 Site location



2. PREVIOUS APPROVALS OVER THE SITE

The site has an existing approval over the site for a Multiple Dwelling of 3 Units under TPC467.




3.0 THE DEVELOPMENT APPLICATION

The applicant seeks Council approval to change TPC 467 to enable the following alterations to the
exclusive use area in front of Unit 3:

         New in-ground pool and associated pool fencing along eastern portion of courtyard.
         New timber decking over existing tiles within existing alcoves.
         Removal of existing paving tiles and replacement with grass in centre of courtyard
         New timber decking along western boundary approximately 175mm above ground level
         Existing vegetation across western front portion of site to be retained

Proposal plans prepared are included in Appendix A .

4. PERMISSIBLE CHANGE TO A DEVELOPMENT APPROVAL

An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to what
defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

        b) for a development approval, is a change to the approval that —
          (i) would not result in a 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

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                 (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, in assessing the application under section 55(2), to assess the
                 application against, or have regard to, a matter, other than a matter the referral agency must
                 have assessed the application against, or had regard to, when the application was made; or
                 (E) public notification if public notification was not required for the development application.

The proposed changes are considered to constitute a minor change as per the Planning Act as detailed
below:

             The proposed changes to the use will not result in substantially different development as
                detailed in 4.1 below
             If the application including the proposed changes were remade it would not:
                     - Include prohibited development
                     - Require referral to any referral agencies or additional referral agencies
                     - Do not vary the level of assessment

4.1. Assessment of Substantially Different Development

The Development Assessment Rules provide guidance on determing whether a proposed change to a
development approval results in substantially different development. The proposed changes have been
reviewed against this criteria with the changes not considered to be a substantially different development
as detailed below:

                     (a) involves a new use;

                      No new use proposed.

                     (b) results in the application applying to a new parcel of land;

                      No new parcel of land to be utilised.

                     (c) dramatically changes the built form in terms of scale, bulk and appearance;

                      No dramatic changes to the built form. Changes relate to landscaping of the site.

                     (d) changes the ability of the proposed development to operate as intended;

                      No changes in the ability of the proposed development to operate as intended.

                     (e) removes a component that is integral to the operation of the development;

                      Does not remove a component that is integral to the operation of the development.

                     (f) significantly impacts on traffic flow and the transport network, such as increasing traffic
                       to the site;

                      No change to carparking or vehicles.

                     (g) introduces new impacts or increase the severity of known impacts;

The proposed change to the existing approval are considered to meet the requirements detailed under
the Planning Act and the Development Assessment Rules for a Minor Change and will not result in a
substantially development.


5. ASSESSMENT

The site is included in the Noosa Heads Locality which provides a Semi Attached Housing zoning over
the property. The proposal has been reviewed against the provisions of the Noosa Plan and is
considered to generally fulfill the provisions of the planning scheme.

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The proposed changes to the landscape open space on the site provide additional soft landscaping for
the unit whilst maintaining existing vegetation at the front of the site.

The proposed changes are considered to meet the test for a minor change as per the Planning Act and
will not impact on the surrounding area. The application is requested to be favourably considered.

Please find attached:

        Proposal plans
        Community Management Statement – refer to clause 12.3 which states that the exclusive use
         areas may be used for swimming pools
        Owners consent
        IDAS Form 5

If you have any queries in relation to the application please do not hesitate to contact me.



Yours faithfully,




Nadine Gorton
Senior Planner
martoo consulting pty. ltd

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_______________________________Appendix
Appendix A:    Proposal Plans

Separate attachment