2021-11-09 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               9 NOVEMBER 2021


bathroom into the courtyard area. This proposal brought the gross floor area total for the entire
site to 1872m2, which was over and above what was allowed for the site.
On 8 October 2020, an application for a minor change was refused for changes to Unit 6 to include
additional gross floor area of 15m2, which are the changes outlined in this report. The applicant
incorrectly appealed the decision to the Development Tribunal, which the Tribunal eventually
confirmed. This application is under the Planning and Environment Court jurisdiction, not the
Building Tribunal. The applicant decided to not proceed with an appeal with the Planning and
Environment court, instead choosing to lodge another application for consideration by Council.

3.   ASSESSMENT
3.1. 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:
    Noosaville Local Plan Code;
    Medium Density Residential Code;
    Medium Density Zone Code.
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 as the proposal is
     minor in nature due to a small increase of GFA and site cover relating to an approved use;
    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 mattes 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
Under the Noosa Plan 2020, the site is zoned medium density residential and is intended to be
developed for dual occupancy and multiple dwellings in a range of dwelling sizes and styles. The
proposed changes relate to approval number 11876 TC as it affects Unit 6. The proposal seeks to
change Condition 27 to reflect the new plans for Unit 6.
Condition 27
Submission to and approval by Council of building plans in accordance with the Building Act,
Council’s By-laws and Policies, the conditions of this approval and substantially in accordance with
plans 9714 SK10-12 drawn by Frank Macchia Architect and dated March 1998 and the Shire of
Noosa Planning Scheme apart from where amendments are required or dispensations have been
granted in conjunction with this approval.


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