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Minor Change Report 132004 5744 13 [As Published] · 132004.5744.13

of 14

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               2.     BACKGROUND
               The site obtained a Development Permit for a Retirement Community (169
               Dwelling/Accommodation Units & Ancillary Facilities) that was issued on 15 December 2005. At
               the time the original application was publicly notified, no submissions were lodged with Council.
               There have been several other minor changes and generally in accordance amendments made
               against the property since the original approval in late 2005. The latest change approval
               development permit was issued on 28 June 2024 which sought to:
               •      Incorporate previous carparking changes made for ‘Building B’;
               •      Reconcile an additional 7 visitor spaces constructed outside of the original approval.
               There are no other specific approvals which relate to the current application.
               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 but instead assists in re-affirming the lawful 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
               •      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 following codes from Noosa Plan 2020 are applicable to this development:
               •      Medium Density Residential Zone Code;
               •      Noosaville Local Plan Code;
               •      Special Residential Code;
               •      Works Codes.

                                                                                                        Page 4 of 14

Document Set ID: 23418906
Version: 6, Version Date: 04/03/2025

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