Cover Letter - Minor Change Application

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Figure 1 – Constructed vehicle crossover

+ On 15 June 2025, Council’s Development Compliance Officer issued an email advising that the
   conditions of approval had not been met. Specifically, it was mentioned that a pre-start meeting had not
   occurred prior to the construction of the driveway, and the driveway design was not in accordance with
   the approved plans. The officer advised that a new application would need to be submitted.


The Proposal
The proposal involves a retrospective application for a Development Permit for Operational Works - Vehicle
Crossover at the premises to rectify the non-complying design. The crossover has a maximum width of 6m
and has a reverse flare crossover to the kerb. The geometry of the crossover is shown in Figure 2 below.

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Figure 2 – Constructed vehicle crossover

Statutory Process

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change relates to
         a minor change to a residential driveway design;
    + The change would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor change’ to
the approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application:

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(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.

(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in the
circumstances, to— (a) the statutory instrument or other document as in effect when the change application
was made;

The Noosa Plan 2020 (21 September 2020) was in effect at the time that the original application was made
and that this change application was made and there have been no changes to the planning scheme that
would affect the assessment of the application.

Assessment Benchmarks

Pursuant to Table 5.8.2 of the Noosa Plan 2020, the application is assessable against the following applicable
works codes:
    + Driveways and Parking Code;

Acceptable Outcome AO2.1 and Performance Outcome PO2 require that:

AO2.1
Design and construction of driveways, including across the footpath, is in accordance with Council Standard
Drawings as appropriate for the particular type of development as annotated on the drawings.

PO2
Driveways and crossovers
(a) are suitable and safe for their intended use; and
(b) match Council infrastructure.

The proposed vehicle crossover generally accords with Council’s Standard Drawing RS-049, which
contemplates a 6-metre-wide driveway where a double garage is constructed to the front boundary. The
proposal incorporates a reverse flare design, which constitutes a minor variation from the standard drawing.
Notwithstanding this variation, the design is considered suitable and safe for the intended residential use
and will integrate with Council’s existing infrastructure at the kerbside.

Changes to Conditions

As a result of the changes, to the conditions would be amended as follows:

    •    Delete Conditions 4–15: These conditions are no longer relevant since construction has been
         completed.
    •    Amend Condition 16 as follows:

         16.      Driveway crossovers must be constructed generally in accordance with Council’s
                  Standard Drawings RS-049 and RS-050, except as varied by the approved plans, and
                  any associated addendum."

Changes to Approved Plans

It is also requested that the list of approved plans be updated to reflect the plans ‘as amended’

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Conclusion

The above report demonstrates that the proposal involves a minor change under the Planning Act 2016 and
appropriately responds to the provisions and intent of the Noosa Plan 2020. Overall, it has adequately been
demonstrated that the proposed changes comply with the performance and/or overall outcomes of the
relevant codes and the vehicle crossover is safe and appropriate for use. Consequently, the minor change
application should be supported.

Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to the
requested minor change to a development approval. Should you have any questions in relation to the
proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,



Marcus Brennan
B. Urb. Reg. Plan.