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Minor Change Report OPW21 0202 01 (As Published) · OPW21/0202.01

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Development Engineer, Diogo Carrico
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                  OPW21/0202.01

                    Development Approval             OPW21/0202

                    Applicant                        Travis Heath McCarthy

                    Request Received On              20 February 2025

                    Report Reviewed By               Mark Lewis

                    Decision Due Date                20 March 2025


                    PROPERTY DETAILS

                    Property Address                 522 Cooroy Mountain Rd Cooroy Mountain Qld 4563

                    RP Description                   Lot 9 RP 864130

                    Land Area                        119,872m2

                    Existing Use of Land             Rural


                    STATUTORY DETAILS

                    SEQRP Designation                Regional Landscape and Rural Production Area

                    Zone                             Rural

                    Precinct                         Not applicable

                    Local Area Plan                  Not applicable

                    Overlays                         Agricultural Land; Biodiversity; Bushfire; Waterways; Water
                                                     Resource Catchment; Water Supply Buffer Area

                    Assessment Type                  Minor Change to Development Approval



               1.      PROPOSAL
               The applicant seeks approval to change to an existing development approval.
               The locality and proposal plan are included below.



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Document Set ID: 23625724
Version: 3, Version Date: 14/03/2025
Full text of the other 5 pages

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Figure 1 — Locality

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Document Set ID: 23625724
Version: 3, Version Date: 14/03/2025

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                                                     Figure 2 – Proposed Plan

               2.     BACKGROUND
               Two driveway accesses were approved by Council under OPW21/0202, on 28 January 2022.
               The subject change application still considers two driveway accesses, however, the civil design
               has been amended to better suit the existing terrain and to better address existing drainage flow
               paths.
               Only changes to Condition 1 (Approved Plans) have been considered – refer below.
               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

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Document Set ID: 23625724
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                      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 now superseded add relevant
               planning scheme. 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:
               •      Driveways and Parking Code;
               Existing Condition 1
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                          Plan No.           Rev.   Plan/Document Name                          Date

                          C10                B      Driveway Layout and Long Sections 10 December 2021
                                                    prepared by RECOR consulting
                                                    engineers

                          C20                B      Line of Sight Assessment, Driveway 1 10 December 2021
                                                    of 2 Line of site west prepared by
                                                    RECOR consulting engineers

                          C21                B      Line of Sight Assessment, Driveway 1 10 December 2021
                                                    of 2 Line of site east prepared by
                                                    RECOR consulting engineers

                          C22                B      Line of Sight Assessment, Driveway 2 10 December 2021
                                                    of 2 Line of site west prepared by
                                                    RECOR consulting engineers

                          C23                B      Line of Sight Assessment, Driveway 2 10 December 2021
                                                    of 2 Line of site east prepared by
                                                    RECOR consulting engineers

               Applicant’s Request
               The applicant has requested existing condition 1 be replaced to reflect the new approved plans.



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Document Set ID: 23625724
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               Assessment of Request
               Council considers the request relevant for the changes proposed.
               Recommendation
               It is recommended existing condition 1 be amended to read as follows:
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.


                         Plan No.          Rev.    Plan/Document Name                      Date

                         C20               B       Line of Sight Assessment, Driveway 1 10 December 2021
                                                   of 2 Line of site west prepared by
                                                   RECOR consulting engineers

                         C21               B       Line of Sight Assessment, Driveway 1 10 December 2021
                                                   of 2 Line of site east prepared by
                                                   RECOR consulting engineers

                         C22               B       Line of Sight Assessment, Driveway 2 10 December 2021
                                                   of 2 Line of site west prepared by
                                                   RECOR consulting engineers

                         C23               B       Line of Sight Assessment, Driveway 2 10 December 2021
                                                   of 2 Line of site east prepared by
                                                   RECOR consulting engineers

                         11 March 2025

                         C20               B       “General Arrangement Plan”              10 July 2024
                                                   Prepared by RECOR

                         C20               B       “Driveway Longitudinal and Typical 10 July 2024
                                                   Sections”
                                                   Prepared by RECOR

                         C20               B       “Driveway Setout Plan”                  10 July 2024
                                                   Prepared by RECOR


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
               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 83(9) of the Planning Act 2016.
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Document Set ID: 23625724
Version: 3, Version Date: 14/03/2025

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               RECOMMENDATION
               With regard to Application No. OPW21/0202.01 to make a minor change to an existing approval
               for Vehicle Crossovers situated at 522 Cooroy Mountain Rd Cooroy Mountain Qld 4563 and
               described as Lot 9 RP 864130, Council on 11 March 2025 decided to:
               A.     Approve the change.
               B.     Amend condition 1 to read as follows:
                    1. Development undertaken in accordance with this approval must generally comply with the
                       approved plans of development. The approved plans are listed in the following table unless
                       otherwise amended by these conditions.

                         Plan No.           Rev.   Plan/Document Name                       Date

                         C20                B      Line of Sight Assessment, Driveway 1 10 December 2021
                                                   of 2 Line of site west prepared by
                                                   RECOR consulting engineers

                         C21                B      Line of Sight Assessment, Driveway 1 10 December 2021
                                                   of 2 Line of site east prepared by
                                                   RECOR consulting engineers

                         C22                B      Line of Sight Assessment, Driveway 2 10 December 2021
                                                   of 2 Line of site west prepared by
                                                   RECOR consulting engineers

                         C23                B      Line of Sight Assessment, Driveway 2 10 December 2021
                                                   of 2 Line of site east prepared by
                                                   RECOR consulting engineers

                         11 March 2025

                         C20                B      “General Arrangement Plan”               10 July 2024
                                                   Prepared by RECOR

                         C20                B      “Driveway Longitudinal and Typical 10 July 2024
                                                   Sections”
                                                   Prepared by RECOR

                         C20                B      “Driveway Setout Plan”                   10 July 2024
                                                   Prepared by RECOR




                                                                                                     Page 6 of 6

Document Set ID: 23625724
Version: 3, Version Date: 14/03/2025

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