3.0 Cover Letter

Page 2

Minor Change
Background Information

On the 15th of September 2023 Noosa Council issued a Development Approval for a Material Change of Use for Aquaculture at 14-16
Action Street Noosaville (subject site).


The subject site is characterized by an existing steel framed and steel-clad shed comprising concrete hardstand and two driveways to
Action Street. The subject site is located at the corner of Action Street. Existing landscaping is located along the western boundary and
comprises large hardwood species on a sloping bank which adjoins properties 39-43 Rene Street. This landscaping forms the basis for this
application.


The subject site owner was made aware of issues with the existing landscape dropping branches onto neighbouring properties along Rene
Street. At the time advice was sought from Arborist who advised the tree species, height and proximity to existing structures was a safety
risk. The arborists were contracted to undertake the work however complaints were made, and Council advised that an application to
change the existing Development Approval to lawfully remove the landscaping is required.


It is noted that MCU23/0038 imposed conditions to provide street trees and feature landscaping to the street frontage of the development
(Condition 8, a-b). Condition 8 c), required the development to retain the existing landscape onsite.


For the applicant to lawfully remove the existing landscape for safety reasons this application seeks a Minor Change to amend Condition 8
c) and provide new landscaping as per the attached Landscape Plans prepared by our office.



Proposed Minor Change

Figure 1 below illustrates the extent of the existing landscaping located along the site’s western boundary.




Figure 1 - Site Plan prepared by Building Suncoast Green, 2023.

Page 3

As stated above the applicant and property owner wishes to remove the existing landscape along the western property boundary.


Figure 2 below illustrates the proposed landscaping to be supplemented into the western landscape portion of the site once existing
vegetation is removed.




Figure 2 - Proposed Landscape Plan prepared by Building Suncoast Green, 2023

Changes to the Decision Notice are required as follows.


8. A minimum of 15% of the development site must be landscaped. The works must be undertaken in accordance with
Noosa Plan 2020 for that specific area and must include in particular:
    a. provision of one (1) 45 litre feature tree (Cupaniopsis anarcardioides or Banksia integrifolia or Xanthostemon
    chrysanthus) in the north eastern corner of the development site (on the northern side of the driveway);
    b. provision of a minimum of four (4) 25-45 litre street trees (Cupaniopsis anarcardioides or Banksia integrifolia or
    Xanthostemon chrysanthus) along the Action Street frontage, located between back of kerb and the footpath; and
    c. retention of the existing landscaping onsite. Remove existing landscape along the western boundary and replace
    with the landscaping shown on the approved plans prepared by Building Suncoast Green.

Further to the above requested change, the list of Approved Plans would also need to be updated as followed.


Plan No.                      Rev.    Plan/Document Name                                                         Date


PA-LAB-016                      0.01 Site Layout3- 202220929 prepared by Provectus Algae                         14/02/2023


2023-47                          B    Proposed Landscape Plan by Building Suncoast Green                         07/11/2023


2023-47                          B    Landscape Schedule by Building Suncoast Green                              07/11/2023

Page 4

Minor Change Assessment
The Planning Act 2016 defines a minor change as a change to the approval that;
(i)          would not result in substantially different development;
In determining whether the proposed change would result in substantially different development, the assessment manager or
referral agency must consider the individual circumstances of the development, in the context of the change proposed.
A change may be considered to result in a substantially different development if the proposed change:
  involves a new use; or                                                The proposed change does not include a new use from what
                                                                        has been approved for the site.
  Results in the application applying to a new parcel of                The proposed change applies to the same land parcel.
  land; or
  Dramatically changes the built form in terms of scale,                The change relates to existing landscaping at the back of the
  bulk and appearance; or                                               site. New landscape is proposed so as to maintain the intent
                                                                        and purpose of this portion of the land. The change is not
                                                                        considered to affect changes to the built form in terms of
                                                                        scale, bulk and appearance.
  Changes the ability of the proposed development to                    No change incurred.
  operate as intended; or
  Removes a component that is integral to the operation of              No change incurred.
  the development; or
  Significantly impacts on traffic flow and the transport               No change incurred.
  network, such as increasing traffic to the site; or
  Introduces new impact or increased the severity of                    The proposed change does not increase the severity of
  known impacts; or                                                     known impacts, nor does it introduce additional impacts.
  Removes an incentive or offset component that would                   The proposed change does not remove an incentive or an
  have balanced the negative impact of the development;                 offset.
  or
  Impacts on infrastructure provisions.                                 The proposed change does not impact infrastructure
                                                                        provisions.


(ii) if a development application for the development, including the change, were made when the change application is made
would not cause –
  (a)   The inclusion of prohibited development in the                  The change does not include any prohibited development.
        application; or
  (b) Referral to a referral agency, other than to the chief            Not required.
        executive, if there were no referral agencies for the
        development, application; or
  (c)   Referral to extra referral agency, other than to the            Not required.
        chief executive, or
  (d) a referral agency, in assessing the application under             No additional triggers or aspects require referral assessment.
        section 55(2), to assess the application against, or
        have regard to, a matter, other than a matter the
        referral agency must have assessed the application
        against, or had regard to, when the application was
        made; or
  (e)   public notification      was not required        for the        Public notification was not required by original application.
        development application

We have determined that the application can be accepted as a Minor Change to the development approval.
As a result of the change, we kindly ask the Assessment Manager to amend the Decision Notice as implied within this report,
including approval of the submitted plans (as relevant).