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DA20250050_Minor Change Statement · 132010.574.01

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7 May 2025

Attention: Development Services
Noosa Shire Council



                               Minor Change Request


To Whom It May Concern,

                            Lot 36, 36/512 David Low Way, Castaways Beach QLD
  Address:
                            4567
  Lot and Plan:             36 SP111721
  Proposal:                 Conversion of patio to habitable area
  Approval Number:          132010.574


I am writing to request a Minor Change (Section 81 of the Planning Act 2016) to the existing
approval for a Material Change of Use for a Dwelling House.

In accordance with Schedule 2 of the Planning Act 2016 and Schedule 1 of the DA Rules,
the proposed development is considered to be a minor change. Refer to Appendix A and
Appendix B for assessment against the definition of a minor change and substantially
different development.

The proposed development generally complies with the conditions of the approval with the
exception of Condition 1 (Approved Plans).

The approved plans and drawings listed as part of the development approval should include
the proposed plans for Lot 36, 36/512 David Low Way, Castaways Beach QLD 4567. Please
refer to the table below:

                             Proposed Plans and Drawings:
       Document Title                Drawing Number                       Date
   Cover sheet and Site Plan             CD/A01                       28 April 2025
     Lower Level – Bed 4                 CD/AO3                       28 April 2025
          Elevations                     CD/AO5                       28 April 2025




     ABN 92 616 054 141 | www.buildableapprovals.com.au | [email protected]
Full text of the other 3 pages

Page 2

The following reasons support the request for a minor change approval:

       ▪   The proposed development will infill an existing patio and therefore, will have no
           additional impact on the site or surrounding locality.
       ▪   Given the above, there will also be no additional impact on the amenity of
           adjoining or nearby properties.
       ▪   In relation to the Coastal Protection and Scenic Amenity Overlay, as above the
           proposed development will infill and existing patio and therefore will have no
           additional impact on the local dune system or surrounding ecosystem.


It is considered that the proposed change constitutes a minor change (section 81) to an
existing development approval under section 78, subdivision 2 of the Planning Act 2016.

Yours Sincerely,

Joe Sevillano




     ABN 92 616 054 141 | www.buildableapprovals.com.au | [email protected]

Page 3

                  Appendix A – Minor Change Definition
                                  Planning Act – Schedule 2

In accordance with Schedule 2 of the Planning
Act 2016, a minor change means a change for a                           Comments:
development approval that:
(i) would not result      in   substantially   different   The proposal does not result in
    development; and                                       substantially different development.
                                                           Refer to Appendix B - substantially
                                                           different development test.


(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 proposed change will not include
      application; or                                      prohibited development.
   b) referral to a referral agency, other than to the     The proposed minor change does not
      chief executive, if there were no referral           require referral to a referral agency.
      agencies for the development application; or
   c) referral to extra referral agencies, other than      The proposal does not required referral
      to the chief executive; or                           to extra referral agencies.
   d) a referral agency to assess the application          Assessment by a referral agency is not
      against, or have regard to, matters prescribed       required.
      by regulation under section 55(2), other than
      matter the referral agency must have
      assessed the application against, or have had
      regard to, when the application was made; or
   e) public notification if public notification was not   The minor change does not require
      required for the development application.            public notification.




   ABN 92 616 054 141 | www.buildableapprovals.com.au | [email protected]

Page 4

         Appendix B – Substantially Different Development.
                                     DA Rules - Schedule 1

                       Substantially Different Development Test
1. An assessment manager or responsible entity may determine that the change is a minor
   change to a development application or development approval, where – amongst other
   criteria – a minor change is a change that would not result in ‘substantially different
   development’.
2. An assessment manager or responsible entity must determine if the proposed change
   would result in substantially different development for a change—
      a. made to a proposed development application the subject of a response given
           under section 57(3) of the Act and a properly made application.
      b. made to a development application in accordance with part 6.
      c. made to a development approval after the appeal period.
3. 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.
4. A change may be considered to result in a substantially different development if the
   proposed change:
a) involves a new use; or                      The proposal does not involve a new use.

b) results in the application applying to a    The proposed development does not require an
  new parcel of land; or                       application for a new parcel of land.
c) dramatically changes the built form in      The proposed change will not dramatically
  terms of scale, bulk and appearance; or      increase in the scale, bulk or appearance of the
                                               development.
d) changes the ability of the proposed         The minor change will not affect the ability of the
  development to operate as intended; or       development to operate as intended.
e) removes a component that is integral        The proposal does not remove an integral part of
  to the operation of the development; or      the development.
f) significantly impacts on traffic flow and   The proposal does not impact the existing use of
   the transport network, such as              the site. There will be no increase to the traffic to
   increasing traffic to the site; or          the site.
g) introduces new impacts or increase          The site was approved for a residential use and this
  the severity of known impacts; or            use will remain. There are no new impacts.
h) removes an incentive or offset              There are no incentives or offsets removed as part
  component that would have balanced a         of the proposed minor change.
  negative impact of the development; or
i) impacts on infrastructure provisions.       There will be      no   impact    on   the   existing
                                               infrastructure.




   ABN 92 616 054 141 | www.buildableapprovals.com.au | [email protected]

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