Council archive · source document
Minor Change Report - 151999.982601.3 (As Published)
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The original application was lodged and assessed under the now superseded Shire of Noosa
Planning Scheme 1990.
Pursuant to s81 of the Planning Act 2016, 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:
• Rural Zone Code;
• Reconfiguring a Lot Code;
• Works Code;
• Flood Hazard Overlay Code, to the extent relevant.
The proposed change is limited to allowing sufficient area on the site to accommodate a Secondary
dwelling to be sited slightly outside the approved building envelope and to the western side of the
main dwelling house.
While not part of this application the proposed new building to be located within the new building
envelope area remains in close proximity with the existing Dwelling house and does not introduce
a new land use.
The proposal is consistent with the relevant assessment provisions of the Shire of Noosa Planning
Scheme 1990 and does not raise any additional planning issues under Noosa Plan 2020 that would
warrant refusal of the requested change.
Rural Zone Code
While no building work is proposed as part of this application, the amended building envelope
potentially does not achieve compliance with AO8.4(d) of the Rural Zone Code which requires
buildings and structures within the Rural Zone to maintain a minimum setback of 10 metres from
side boundaries on allotments exceeding 1 hectare in area. The amended building envelope
provides a 6.0 metre setback to the western side boundary.
Assessment
Subject to further assessment, the proposal is likely able to maintain an appropriate separation
from surrounding development, does not impact agricultural land, flood-prone land or covenant
areas and is supported by the adjoining landowner at 36 Eucalypt Way who has confirmed that the
setback variation will not result in any notable amenity impacts.
Accordingly, it is agreed that the opportunity for a building envelope which may result in buildings
that with a reduced setback will not adversely affect the character, function or amenity of the
locality.
Page 5 of 9
Document Set ID: 24985722
Version: 7, Version Date: 09/09/2026
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