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Minor Change Report OPW18 0341.01
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL Author Environment Officer, Conor Neville Development Assessment APPLICATION DETAILS Application No. OPW18/0341.01 Development Approval Operational Works - Clearing Vegetation under planning scheme, Earthworks Applicant Blue Care C/- Calibre Consulting Request Received On 16 February 2021 PROPERTY DETAILS Property Address Grasstree Ct Sunrise Beach Qld 4567 RP Description Lot 6 RP 901384 Land Area 8697m² Existing Use of Land Vacant Land STATUTORY DETAILS SEQRP Designation Urban Footprint Locality Sunrise Beach Zone Community Facilities Overlays Acid Sulfate Soils, Biodiversity, Bushfire, Landslide Assessment Type Minor Change to Development Approval PROPOSAL The applicant seeks approval to change to an existing development approval for Operational Works - Clearing Vegetation under planning scheme, Earthworks. The applicant seeks approval to change to an existing development approval to reflect changes to the higher order approval. The higher order approval (Council file 132008.1128.04) changes to conditions required the submission of a revised Ecological Management Plan to reflect the approved staging of the development. background A development approval for Operational Works - Clearing Vegetation and Earthworks was issued on 22 May 2020. Since that time a change to the higher order approval permitted the staging of the development subject to providing a revised and staged Environmental Management Plan. assessment 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; The Noosa Plan. The following codes from the Noosa Plan are applicable to this development: Engineering Works Codes 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 change is to reflect the staging approved by the higher order approval; 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. Statutory Instruments – Planning Scheme The proposed works generally comply with the relevant Engineering Works Codes of The Noosa Plan and have submitted a revised Environmental Management Plan to reflect the staging of the development. It is considered that the only change required is a change to the approved plans table to endorse the new revised Environmental Management Plan. Condition 1 Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. Plan No. Rev. Plan/Document Name Date 5001-100 Proj No: 18-001942 A Bulk Earthworks Application, prepared by Calibre 08/04/2020 5001-102 Proj No: 18-001942 D Tree Retention and Clearing Plan, prepared by Calibre 08/04/2020 5001-106 Proj No: 18-001942 B Earthworks Detail Plan, prepared by Calibre 08/04/2020 5001-107 Proj No: 18-001942 B Earthworks Sections, prepared by Calibre 08/04/2020 5001-108 Proj No: 18-001942 A Retaining Walls Setout Plan, prepared by Calibre 08/04/2020 5001-109 Proj No: 18-001942 A Retaining Wall Typical Details, prepared by Calibre 08/04/2020 N/A 3 Ecological Management Plan prepared by Gondwana Ecology Group P/L 08.05.2019 Applicant’s Request Endorse the new revised Environmental Management Plan Version 4, dated February 2021 Assessment of Request The application is supported, as the request complies with the higher order approval condition to provide a revised EMP to align with the staging of the development. cONSULTATION Referral Agencies Not applicable Other Referrals Not applicable conclusion & reasons for decision The proposed change complies with the higher order approval condition to provide a revised EMP to align with the staging of the development. RECOMMENDATION With regard to Application No. OPW18/0341.01, to make a minor change to an existing approval for Clearing Vegetation under planning scheme, Earthworks situated at Grasstree Ct Sunrise Beach Qld 4567 described as Lot 6 RP 901384, Council on decided to: A. Approve the change. B. Amend condition 1 to read as follows: Plan No. Rev. Plan/Document Name Date 5001-100 Proj No: 18-001942 A Bulk Earthworks Application, prepared by Calibre 08/04/2020 5001-102 Proj No: 18-001942 D Tree Retention and Clearing Plan, prepared by Calibre 08/04/2020 5001-106 Proj No: 18-001942 B Earthworks Detail Plan, prepared by Calibre 08/04/2020 5001-107 Proj No: 18-001942 B Earthworks Sections, prepared by Calibre 08/04/2020 5001-108 Proj No: 18-001942 A Retaining Walls Setout Plan, prepared by Calibre 08/04/2020 5001-109 Proj No: 18-001942 A Retaining Wall Typical Details, prepared by Calibre 08/04/2020 N/A 4 Ecological Management Plan Stage 1 –Lot 6 prepared by Gondwana Ecology Group P/L 5 February 2021 C. Note the report is provided in accordance with Section 83(9) of the Planning Act 2016 [word/footer1.xml] Page 4 of 4 [word/header1.xml] 3
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