Minor Change Report - RAL18/0023 02 (As Published) · RAL18/0023.02

               To accommodate the revised lot boundaries and conflict with the landscaping condition of the
               earlier reconfiguration and operational works approvals, the settlement agreement included:
               •      the requirement to make a development application or change application to seek a boundary
                      realignment in accordance with the proposed realignment (extract of settlement deed below);
                      and
               •      the requirement to make a change application to Council which seeks an amendment to the
                      existing ROL Approval (RAL18/0023) and the OPW Approval (OPW20/0145) to remove the
                      requirement in each of those approvals for a 10-metre landscape buffer with respect to Lot 4
                      on SP322201 only if the child care centre development is to be carried out over the lot.


               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; and
               •      Noosa Plan 2020 (25 September 2020).
               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 does
                      not:
                      o     involve a new use; or
                      o     result in the application applying to a new parcel of land; or
                      o     dramatically change the built form in terms of scale, bulk and appearance; or
                      o     change the ability of the proposed development to operate as intended; or
                      o     remove a component that is integral to the operation of the development; or
                      o     significantly impact on traffic flow and the transport network, such as increasing traffic
                            to the site; or
                      o     introduce new impacts or increase the severity of known impacts; or
                      o     remove an incentive or offset component that would have balanced a negative impact
                            of the development; or
                      o     impact on infrastructure provisions.
               •      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
               The original application was lodged and assessed under the now superseded Noosa Plan 2006.
               Pursuant to s81 of the Planning Act 2017, Council must consider the planning scheme in effect
               when the original development application was lodged, however Council may give weight to Noosa


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Document Set ID: 24379807
Version: 7, Version Date: 28/01/2026