2020-03-16 General Committee Agenda

GENERAL COMMITTEE MEETING REPORT                                                     16 MARCH 2020


      8.     The proposed development is contrary to Overall Outcomes 14.157.2(b) and (d) and
             Specific Outcomes 1, 8 and 10 of the Water Sensitive Design Code as modelling for
             stormwater treatment has not included all relevant run-off areas.
      9.     Insufficient detail has been provided to demonstrate the extent and potential impact of
             the proposed height variation for the dwelling units.
      10.    The proposed development is contrary to the draft Noosa Plan provisions, which
             reinforce the current Noosa Plan’s requirements for an appropriate response to the
             site’s natural hazards and protection of the site’s environmental values including
             vegetation retention.
B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1     Background
A report on this application was prepared for the Planning and Environment Committee Meeting
on 10 March 2020 recommending that the application be refused.
Assessment within the original report determined that the application was not a minor change given
a number of parking spaces were partly located outside the easement on adjoining land which did
not previously form part of the original application.
The Planning Act 2016 defines a minor change as:
(a)   for a development application –
      (i)    does not result in substantially different development; and
      (ii)   if the application, including the change, were made when the change is made—would
             not cause -
             (A)   the inclusion of prohibited development in the application; or
             (B)   referral to a referral agency if there were no referral agencies for the development
                   application; or
             (C)   referral to extra referral agencies; or
             (D)   a referral agency, in assessing the application under section 55(2), to assess the
                   application against, or have regard to, a matter, other than a matter the referral
                   agency must have assessed the application against, or had regard to, when the
                   application was made; or
             (E)   public notification if public notification was not required for the development
                   application;…
The Development Assessment Rules (DA Rules) note that a change may be considered to result
in a substantially different development if any of the following apply to the proposed change:
(a)   involves a new use; or
(b)   results in the application applying to a new parcel of land; or
(c)   dramatically changes the built form in terms of scale, bulk and appearance; or
(d)   changes the ability of the proposed development to operate as intended; 27 or
(e)   removes a component that is integral to the operation of the development; or
(f)   significantly impacts on traffic flow and the transport network, such as increasing traffic to the
      site; or
(g)   introduces new impacts or increase the severity of known impacts; or


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