40 arakoon cres change · 131999.982857.1

4.1.1 Deciding the Request

In accordance with S81 of The Planning Act 2016, Council must only consider the information
provided and any other matter considered relevant, including — all matters Council would or may
assess against or have regard to if the change application were a development application.

Council must only consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made. However, may give
weight they consider appropriate, in the circumstances, to—

       (a) the statutory instrument or other document as in effect when the change application was
       made (Superseded Planning Scheme); or
       (b) if the statutory instrument or other document is amended or replaced after the change
       application is made but before it is decided—the amended or replacement instrument or
       document; or
       (c) another statutory instrument—
                (i) that comes into effect after the change application is made but before it is decided;
                and
                (ii) that the responsible entity would have been required to consider if the instrument
                had been in effect when the development application for the development approval
                was properly made.



4.2      The New Noosa Plan 2020

The changes require assessment against the specific provisions of the Low Density Residential and
Low Density Housing Zone Codes. An assessment against the relevant provisions is provided below
with further assessment regarding the noncompliance provided thereafter.

Table 3: Summary of development aspects and
 Provision        Code Provision                                  Proposal                            Compliance

 PO5         –    AO5.1
 Secondary
 Dwellings        No more than one secondary dwelling is provid   No secondary dwelling proposed      Y
                  ed on any site regardless of site area.
                  AO5.2
                  A secondary dwelling:
                  a.   has a maximum gross floor area of 65m²;
                  b.   has no more than two bedrooms; and
                  c.   does not occur on any property
                       covered by a Building Unit Plan.

 PO7 - Building   AO7.1                                           Building Height in Metres
 Height           Buildings and structures are no more than 8 m
                  etres in building height and do not exceed 2    The existing building is >8m in     PO
                  storeys.                                        height relative to Natural Ground
                                                                  Level.
                  AO7.2
                  Where excavation is required, the maximum p     The new roof reduces the scale
                  ortion of the exposed external façade of the    of the encroachment from 1.3m
                  building cannot exceed 8m in building height.   to 0.7m along the eastern
                                                                  façade, and from 2.6m to 2.4m
                  Editor's note—refer to Figure AP313A            along the western façade.
                                                                  Building Height in Storeys
                                                                  The existing building is three
                                                                  storeys in section. The proposal
                                                                  reduces the prominence of any       PO
                                                                  three storey encroachments.

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