Ozcare Noosa Minor Change v1

3.0 Minor Change Test
The Act defines a ‘minor change’ as per the following in accordance with Schedule 2:
   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.
The proposed changes have been assessed against the criteria for a ‘minor change,’ as defined under Schedule 2
of the Act, and further described below:


       (i) The proposed change to the development application will not result in a substantially different
           development
Schedule 1 of the Development Assessment Rules describes the circumstances of ‘substantially different
development’. The proposed change has been assessed against the relevant criteria for ‘substantially different
development’ as outlined below:
Table 3         Substantially different development test
                  Criteria                                                   Demonstrated Compliance

 (a) Involves a new use.                       The change to the approval does not involve a new use.

 (b) Results in the application                The application does not apply to a new parcel of land.
     applying to a new parcel of
     land.                                     The bushfire management clearing over Lot 1 on SP 239726 (Attachment 4) and
                                               works contained within the Draft Infrastructure Agreement (Attachment 10) are
                                               occurring separately to the minor change application as per the pre-lodgement advice
                                               (Attachment 3) and have been provided for information purposes only as part of this
                                               application.

 (c) Dramatically changes the                  The change to the approval does not result in a dramatic change in the appearance of
     built form in terms of scale,             the existing built form, please refer to section 2.2 of this letter. The majority of the
     bulk and appearance.                      proposed works are occurring within the existing building footprint occurring on-site. It
                                               is also proposed to replace the existing single level Banksia North and Banksia South
                                               wings with a double storey configuration, consistent with Performance Outcome PO17
                                               of the Community Facilities Zone Code. The proposed extensions are occurring within
                                               the south-east portion of the site and can not be seen from any public vantage point.
                                               Although the building footprint is slightly extending to the south, the overall impervious
                                               area site cover of the development is reducing from 13,516m2 or 54.1% currently, to
                                               13,449m2 or 53.8% proposed. The minor extension in building footprint to the south is
                                               occurring within the ‘Future Expansion Area’ shown on with original approved plans,
                                               refer to Figure 1, Figure 2 and Attachment 9. Accordingly, the proposed extension in



80 Cooyar Street, Noosa Heads | 216575 DA | 7190526                                                                                     14