Minor Change Report 132004 4321 01 [As Published] · 132004.4321.01

               Precinct C2 was subject to a further application to create the existing residential lots.
               The subject site is described as Lot 57 (and does not adjoin the escarpment) and therefore this
               condition is not applicable to the proposed alterations and additions to the dwelling.


               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
               •      Noosa Plan 2020 (25 September 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 the alterations
                      and additions will not dramatically change the built form;
               •      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               The original application was lodged and assessed under the now superseded Town Planning
               Scheme 1990. The Planning Act 2016 requires minor change applications to be assessed against
               the planning scheme in effect at the time of the original application (Town Planning Scheme 1990);
               however, Council may give weight to the planning scheme in effect at the time of the minor change
               application being lodged (Noosa Plan 2020).
               The subject site was zoned Special Facilities (Tourist Resort Complex as shown on Plan of
               Development 390-PD3) and was within Precinct C2 of the Plan of Development no.39 under Town
               Planning Scheme 1990. Under the Noosa Plan 2020, the site is zoned Low Density Residential
               and is within the Noosa Heads Local Plan area. A Dwelling House was a consent development
               (consistent use) on this site under the superseded planning scheme and is identified as Accepted
               Development, subject to requirements and a consistent use under the current planning scheme.
               The proposed extension for the unenclosed structure complies with most superseded planning
               scheme requirements for the site, including setbacks (Noosa Springs Drive is not a Council owned
               road and forms part of the body corporate) and height complies. The superseded planning scheme
               prescribed a maximum site cover of 35% required which cannot be achieved as the previous site
               cover approved was for 262.5m2 or 35.8%. Additional site cover will be approximately 12.5m2 or
               an additional 0.16%, bringing the total (approved) site cover from 268.5m2 to 281m2 or 37.5%.
               The proposed extension also complies with the Low Density Residential Zone Code and Low
               Density Housing Code under the Noosa Plan 2020. The proposed roofed structure meets all


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Document Set ID: 23445529
Version: 4, Version Date: 19/03/2025