Minor Change Report MCU19 0008 02 [As Published] · MCU19/0008.02

               boundary with a pergola over a parking space built to the southern boundary. A cantilevered
               unroofed balcony was located 3m inside the 15m coastal building line
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      The Noosa Plan 2006 and 2020.
               3.2. Statutory Process
               The applicant has requested to make a minor change to a development approval under s78 of the
               Planning Act 2016. An application for a minor change to a development approval can only be made
               in circumstances where a change would constitute a ‘minor change’.
               The proposed change to the development approval requested by the applicant is determined to
               constitute a minor change on the grounds that:
               •      the development would not result in substantially different development as it is not introducing
                      a new land use and the built form remains of a similar bulk;
               •      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
               Under the Planning Act 2006 the assessment of an application for a minor change must consider
               the planning scheme in effect when the development application was properly made but may give
               weight to the current planning scheme.
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Low Density Residential Zone Code;
               •      Low Density Housing Code;
               •      Coastal Protection & Scenic Amenity Overlay Code;
               •      Landslide Hazard Overlay Code
               The proposed minor change has been assessed against the above codes and the pertinent matters
               arising out of the assessment are outlined and discussed below:

                Criteria                    Planning Scheme               Proposal                     Complies

                Site cover                  50%                           15% first floor              x
                                            50/30%                        29% lower floor
                                            40%                           29% ground floor

                Landscaped open space        20%                          35%                          



                Building height


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Document Set ID: 22356920
Version: 9, Version Date: 25/05/2023