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Minor Change Application
Friday, 21st July 2023 Our Ref: 22336 Your Ref: MCU22/0180 & OPW22/0257 NOOSA COUNCIL PO BOX 141 TEWANTIN QLD 4565 ATTENTION: THE CHIEF EXECUTIVE OFFICER VIA EMAIL: [email protected] Dear Sir, MINOR CHANGE APPLICATION MATERIAL CHANGE OF USE APPLICATION AND OPERATIONAL WORKS APPLICATION 14 OREALLA CRESCENT, SUNRISE BEACH, QLD, 4567 LOT 141 ON RP132135 In relation to the abovementioned Development Approval for dual occupancy originally granted by Council on 17th January 2023, on behalf of the applicants, CF Deighton & MT Deighton, we hereby make a change application pursuant to Clause 78 of the Planning Act 2016. Please find enclosed the following documentation to facilitate Council’s assessment of the request: ▪ Planning Act Form 5, duly completed; ▪ Attachment 1 – Vehicle Access Egress Letter (Prepared by ML Traffic Engineers); and ▪ Attachment 2 – Amended Site Plan (Prepared by AAA Design & Development Pty Ltd).2,516 We understand a fee of $2,516.00 applies to this application. Payment will be made electronically once an outstanding payment email with Council’s number is received. PROPOSED CHANGES The applicant is seeking approval to amend the approved site plan to remove the turntable and replace it with a wider driveway and an on-site turning area. The proposal is supported by a letter from ML Traffic Engineers which demonstrates that a B99 car can enter and leave the site in forward gear, in accordance with AO12.2 in the Dual Occupancy and Multiple Dwelling Code in the Noosa Plan 2020. To incorporate the proposed change into the approved documents amendments to conditions 15 and 16, and the list of approved plans are required. These changes are discussed below.
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Please note that any text to be deleted is shown as struckthrough, and any new text is shown
in bold.
PROPOSED AMENDMENTS TO CONDITIONS
Condition 14
This condition includes a reference to the original site plan and as shown below should be
updated to refer to the new revision of the plan:
“The existing mature native trees located road reserve identified on the AAA Design &
Development Proposed site plan, drawing number 3951-A100 Rev D F must be
retained in accordance with an Arborist Report (or part thereof) prepared by a qualified
person* and endorsed through an Operational Works approval”.
Condition 15
At present, condition 15 reads as follows:
“A car turntable must be installed to provide vehicles of the existing residence the
opportunity to exit the site in a forward gear. The turntable must be generally in
accordance with AAA Design’s Proposed – Site Plan (3951-A100, Revision D) dated 9
November 2022”.
As the proposed site plan allows for a B99 vehicle to enter and leave the site in forward gear
without the need for the approved turntable this condition can now be deleted.
Condition 16
At present, condition 16 reads as follows:
“A sealed access driveway must be provided from Ventura Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance
with the conditions of this Decision Notice and be generally in accordance with AAA
Design & Development Pty Ltd’s Proposed – Site Plan (3951-A100, Revision D) dated
9 November 2022”.
To reflect the proposed amendments this condition should be altered as shown below to
require the provision of sealed access driveways from Ventura Street and Orealla Crescent,
as shown on the amended site plan.
“A Sealed access driveways must be provided from Ventura Street and Orealla
Crescent to all parking and manoeuvring areas of the development. The works must
be undertaken in accordance with the conditions of this Decision Notice and be
generally in accordance with AAA Design & Development Pty Ltd’s Proposed – Site
Plan (3951-A100, Revision D F) dated 9 November 2022 17 July 2023”.
PROPOSED AMENDMENTS TO APPROVED PLANS
To include the revised plan in the approval, the list of the Approved Plans will need to be
amended as shown in the table below.
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Approved Plans
Plan no. Rev. Plan/Document Name Date
35951-A100 D Proposed – Site Plan prepared by AAA Design & 09/11/2022
3951-A100 F Development Pty Ltd 17/07/2023
3951-A101 B Existing Residence – Ground Floor prepared by 30/06/2022
AAA Design & Development Pty Ltd
3951-A102 B Existing Residence – Elevations prepared by 30/06/2022
AAA Design & Development Pty Ltd
3951-A104 D Proposed – Lower Floor Plan prepared by AAA 09/11/2022
Design & Development Pty Ltd
3951-A105 D Proposed – Ground Floor prepared by AAA 09/11/2022
Design & Development Pty Ltd
3951-A106 D Dimensions – Ground Floor prepared by AAA 09/11/2022
Design & Development Pty Ltd
3951-A107 D Proposed – Elevation 1 prepared by AAA Design 09/11/2022
& Development Pty Ltd
3951-A108 D Proposed – Elevations prepared by AAA Design 09/11/2022
& Development Pty Ltd
3951-A109 D Proposed – Section A-A prepared by AAA Design 09/11/2022
& Development Pty Ltd
For completeness, the list of approved drawings referenced in condition 57 should also be
amended to reflect Council’s letter dated 24th February 2023 which approved updated plans.
The updated drawings are included in the table below.
MINOR CHANGE
The Planning Act 2016 defines a minor change as:
A minor change, for a development approval, is a change to the approval that —
i. would not result in a substantially different development; and
The DA Rules provide the following guidance of what constitutes a significantly different
development:
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“In determining whether the proposed change would result in substantially different
development, the assessment manager or referral agency must consider the individual
circumstances of the development, in the context of the change proposed”.
The DA Rules also include several tests which are set out in the table below.
Description / Provisions Comment / Response
A change may be considered to result in a substantially different development if the
proposed change:
• Involves a new use; or No new land use is proposed.
• Results in the application applying to No new land is included as part of the
a new parcel of land; or application.
• Dramatically changes the built form in The proposed change does not alter the
terms of scale, bulk and appearance; built form of the existing dwelling.
or
• Changes the ability of the proposed No changes are made to the proposed
development to operate as intended development that will impede its
(for example, reducing the size of a operation as a dual occupancy.
retail complex may reduce the
capacity of the complex to service the
intended catchment); or
• Removes a component that is integral The proposed change does not involve
to the operation of the development; removal of a component that is integral
or to the operational of the development.
• Significantly impacts on traffic flow The proposed change does not result in
and the transport network, such as any impacts on traffic flow and the
increasing traffic to the site; or transport network, such as increasing
traffic to the site.
• Introduces new impacts or increases The proposed change does not
the severity of known impacts; or introduce any new impacts, nor will it
increase the severity of known impacts.
• Removes an incentive or offset No incentive or offset components were
component that would have balanced included in the original approval
the negative impact of the
development; or
• Impacts on infrastructure provisions. The proposed development does not
impact upon infrastructure provisions.
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ii. if a development application for the development, including the change, were
made when the change application is made would not cause—
Description / Provisions Comment / Response
A. the inclusion of prohibited No prohibited development is proposed.
development in the application; or
B. referral to a referral agency, other The original application triggered
than to the chief executive, if there referral. No new referrals are triggered.
were no referral agencies for the
development application; or
C. referral to extra referral agencies, No extra referrals are required.
other than to the chief executive; or
D. a referral agency to assess the No additional referral assessment
application against, or have regard triggers/aspects are applicable.
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 No change.
notification was not required for
the development application.
Based on the assessment set out above, the proposed changes are consistent with the
definition of a minor change in the Planning Act.
PLANNING SCHEME ASSESSMENT
Clause 81 of the Planning Act outlines what Council should consider when assessing minor
change applications. In this respect Clauses 81(4) and 81(5) read as follows:
81 (4) “The responsible entity must consider the statutory instrument, or other
document, as in effect when the development application for the development
approval was properly made.
81 (5) However, the responsible entity may give the weight the responsible entity
considers is appropriate, in the circumstances, to—
(a) the statutory instrument or other document as in effect when the
change application was made; or
(b) if the statutory instrument or other document is amended or
replaced after the change application is made but before it is
decided—the amended or replacement instrument or document; or
(c) another statutory instrument—
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(i) that comes into effect after the change application is made
but before it is decided; and
(ii) that the responsible entity would have been required to
consider if the instrument had been in effect when the
development application for the development approval was
properly made.
Comment:
The original application was assessed against the Noosa Plan 2020, and this remains the
relevant assessment document. As none of the relevant assessment benchmarks in the Noosa
Plan 2020 have changed since the application was approved, it is considered that the
development remains consistent with the matters that applied when the original application
was assessed. In this respect, it should also be noted that the revised design continues to
comply with AO12.2 of the Dual Occupancy and Multiple Dwelling Code as it will provide a
vehicle manoeuvring area on site which will allow vehicles to enter and leave the site in a
forward gear. On this basis, the proposal complies with the associated Performance Outcome,
PO12 as it will provide safe vehicular access to and from the site, without adversely impacting
on the safety of the road network.
CONCLUSION
The application seeks approval for a minor change to the approved site plan to remove the
turntable and replace it with a widened driveway and on-site turning area. The assessment
set out above, confirms that the proposed change is consistent with the definition of a minor
change in the Planning Act and the development continues to be consistent with the relevant
assessment benchmarks in the Noosa Plan 2020. On this basis, we believe the proposed
minor change warrants Council’s support.
Should you have any questions with respect to the above, please do not hesitate to contact
me direct.
Yours faithfully
PROJECT URBAN
Mick Sheppard
Director
Email: [email protected]