Minor Change Report 132001.210239.2 [As Published]

               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;
               •        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
               Pursuant to the Planning Act 2016, the proposed change must be assessed against the planning
               scheme in place at the time the original development application was lodged, but Council may give
               weight to the Noosa Plan 2020where considered appropriate.
               The existing dwelling is located in Sunshine Beach and is zoned Low Density Residential under
               the Noosa Plan 2020. A dwelling house is a consistent use, subject to a code assessment
               application.
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •        Low Density Residential Zone Code;
               •        Low Density Housing Code;
               •        Coastal Protection and Scenic Amenity Overlay Code.
               The proposed additions to the dwelling house maintain the required building setbacks, height etc
               but raises concerns with regard to site cover:
               The Noosa Plan 2020 includes an alternative provision to the QDC for site cover unlike the 1990
               planning scheme, seeking to manage the scale and bulk of buildings to ensure they are set in a
               landscape setting reflective of the Noosa style. The Low Density Residential Zone Code includes
               the following requirements for site cover

                   Performance Outcome                                        Acceptable Outcome
                   PO8                                                        AO8.1
                   Development:                                               Site cover of all buildings and structures on site does not
                           a. is of a scale compatible with surrounding       exceed:
                                development and the particular                          a. for a single storey building – 50%;
                                circumstances of the site;                              b. for a building of 2 storeys –
                           b. has a low site impact to maximise the                              i.    50% for one of the storeys; and
                                opportunity to retain site characteristics,                     ii.    30% for the other storey; or
                                such as native vegetation and natural                          iii.    40% for both storeys.
                                landforms;
                           c. allows the opportunity to provide soft
                                landscaping between buildings;
                           d. does not present an appearance of bulk
                                to adjacent properties, roads or other
                                areas in the vicinity of the site.



               The proposed dwelling is currently 3 storeys and was approved at 8.35m at the south-eastern
               edge, encroaches into front, side and rear setbacks and exceeds the current site cover
               requirements. The proposed changes will increase the dwelling’s site cover further for level 1 and
               level 2 as set out in the table below.:


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Document Set ID: 22884688
Version: 2, Version Date: 27/03/2024