MCU14/0106 & OPW15/0001 Compiled Information Request Response

                                                                                                               Noosa Civic Expansion
                                 28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive



                  (2)           In deciding whether a change is a minor change under subsection (1)(d), the planning
                                instruments or law in force at the time the change was made apply (the applicable law).
                  (3)           Application of the applicable law does not stop a change mentioned in subsection (1)(d)(ii) or
                                (iv) from being a minor change only because the applicable law, if applied to the application as
                                originally made, would require referral to any additional referral agencies or involve impact
                                assessment.”

            The change to the development application, as described herein, is consistent with the above
            definition of the term “minor change” contained in section 350 of the SPA.
            In particular, according to our assessment, the proposed change:
            (a)         does not result in a substantially different development, having regard to Statutory
                        Guideline 06/09 – Substantially different development when changing applications and
                        approvals, as the change:
                        (i)        does not result in the application involving a new use with different or additional
                                   impacts. The proposed uses, as applied for in the original application material,
                                   remain unchanged;
                        (ii)       does not result in the application applying to a new parcel of land. The land the
                                   subject of the development application does not include a parcel of land not
                                   previously included in the development application. The change seeks to remove
                                   part of the site from the development application;
                        (iii)      does not dramatically change the built form in terms of scale, bulk and appearance.
                                   No changes to the built form are proposed;
                        (iv)       does not change the ability of the proposal to operate as intended. The key
                                   operational characteristics of the proposed development remains unchanged,
                                   including the arrangement of uses and the location of the vehicular access points;
                        (v)        does not remove an offset component that is integral to the operation of the
                                   development;
                        (vi)       does not significantly impact on traffic flow and the transport network. The access,
                                   parking and servicing arrangement remain unchanged;
                        (vii)      does not introduce new impacts or increase the severity of any known impacts.
                                   The proposed change removes part of the site from the development application.
                                   It will not introduce any new impacts or increase the severity of any known impacts
                                   on the site;
                        (viii)     does not remove an incentive or offset component that would have balanced a
                                   negative impact of the development;
                        (ix)       does not impact on infrastructure provision, location or demand;
            (b)         does not require the application to be referred to any additional referral agencies; and
            (c)         does not change the type of development approval sought.
            Section 351(1) requires the Applicant to provide the assessment manager with written notice of
            the changes. This correspondence constitutes such a notice.
            Pursuant to section 351(2) of the SPA, the change being made by the Applicant would not, if the
            application were remade including the change, result in the application not being a properly made
            application or involve prohibited development.
            We note that pursuant to section 352 of the SPA, Noosa Shire Council, as the assessment
            manager, is required to give a copy of this notice to any referral agencies for the original
            application. The development application at the time of lodgement required referral to:



June 2015                                                    Cardno HRP                                                           44