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191014 Minor Change Application
Our Ref: 19-159
Council Ref: MCU17/0559
18 October 2019
The Manager
Brisbane City Council
GPO Box 1434
BRISBANE QLD 4001
Dear Sir / Madam,
REQUEST FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL IN
ACCORDANCE WITH SECTION 81 OF THE PLANNING ACT 2016
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (DUPLEX) – 16
GRANT STREET, NOOSA HEADS QLD 4567 DESCRIBED AS LOT 87 ON RP92518
We act on behalf of the Applicant, Candida Investments Pty Ltd, regarding the
Development Permit issued by Noosa Shire Council on 6 August 2018 with regards to
land at 16 Grant Street, Noosa Heads QLD 4567.
In accordance with Section 81 of the Planning Act 2016, we request the Assessment
Manager responsible for the application make a change to the approval in accordance
with the details provided below. The approval was a Development Permit for a Material
Change of Use – Multiple Housing (Type 2 Duplex).
In accordance with Section 78(3) of the Planning Act, we confirm Noosa Shire Council
as the responsible entity for the application.
The changes proposed relate to an amended design and building materials.
• The proposal includes amendments to the approved façade and roof design to
facilitate the development of a 9 Star Energy Rated Duplex;
• The proposed minor change involves a lower pitched roof to enable the design
elements required to achieve a 9 Star Energy Rating;
• The proposed changes to the façade are minor and consist primarily of changes to
the screening addressing the street;
• The proposed dwelling is referred to as a PassivHaus, which are designed to create
a completely air-tight environment which then use a ventilation system to control air
quality, temperature and humidity;
• The proposed building includes double glazing glass, Energy Recovery Ventilation,
and higher levels of insulation compared to built to code homes;
• PassivHaus designs are highly energy efficient and significantly reduce building
emissions, achieving 90% energy reduction. As such, these homes will be almost
energy neutral.
Plan A Town Planning Pty Ltd Level 3, 16 McDougall Street, Milton Q 4064 p 07 3846 0807 abn 17 634 960 937
Town Planning & Development Consultants PO Box 1661 Milton Q 4064 e [email protected] www.planatownplanning.com.au
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• The proposed dwelling will be the first PassivHaus built in Noosa and represents the
future of sustainable dwellings in this area;
• The proposal will be otherwise generally consistent with the approved development.
The proposed changes will remain consistent with the approved Material Change of Use
and does not seek any additional aspects of development.
We consider the proposed change is a “Minor Change” to the original Development Permit.
We make this request to change a development approval under Section 81 in that it
constitutes a minor change under the provisions of the Act.
A minor change means a change that for a development approval
1) would not result in substantially different development; and
2) 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 application; or
b. referral to a referral agency, other than to the chief executive, if there
were no referral agencies for the development application; or
c. referral to extra referral agencies, other than to the chief executive; or
d. a referral agency to assess the application against, or have regard to,
matters prescribed by regulation under section 55(2), other than matters
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 required for the
development application.
Our assessment of the above is as follows:
In relation to point (1), the proposal would not constitute substantially different development.
Substantially different development is outlined in Schedule 1 of the Development
Assessment Rules under the Planning Act 2016 as follows:
1) A change may be considered to result in a substantially different development if
the proposed change:
a) involves a new use; or
b) results in the application applying to a new parcel of land; or
c) dramatically changes the built form in terms of scale, bulk and
appearance; or
d) changes the ability of the proposed development to operate as intended;
or
e) removes a component that is integral to the operation of the development;
or
f) significantly impacts on traffic flow and the transport network, such as
increasing traffic to the site; or
Plan A Town Planning Pty Ltd Level 3, 16 McDougall Street, Milton Q 4064 p 07 3846 0807 abn 17 634 960 937
Town Planning & Development Consultants PO Box 1661 Milton Q 4064 e [email protected] www.planatownplanning.com.au
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g) introduces new impacts or increase the severity of known impacts; or
h) removes an incentive or offset component that would have balanced a
negative impact of the development; or
i) impacts on infrastructure provisions.
The proposal is not substantially different as outlined above on the basis that:
• The proposal does not involve a new use. The proposed use will remain a Material
Change of Use.
• The application will remain over the land at 16 Grant Street, Noosa Heads (Lot 87 on
RP92518).
• The minor changes to the roof and façade are necessary to ensure that the buildings
comply with the required 9 Star Energy Rating provisions;
• Building scale and bulk will remain as existing;
• The approved house will continue to operate as intended;
• The changes do not include removal of any component which would be integral to the
operation of the development;
• The proposal will not have any changes to traffic movements on site;
• The changes will not introduce new impacts or increase the severity of known impacts;
• The changes do not remove an incentive or offset component;
• The proposal will be otherwise generally consistent with the approved development;
• The proposal will not impact on infrastructure provisions.
On the basis of the above, the proposal does not constitute substantially different
development.
In relation to point (2a), the proposal does not include prohibited development.
In relation to point (2b), (2c) and (2d), the original application was not subject to referral and
the proposed changes would not trigger any referrals.
In relation to point (2e), the proposal was not subject to public notification.
In accordance with the above, we confirm that the change proposed is a minor change
as outlined in Section 81 of the Planning Act 2016.
The application fees would be $ 2,164.00 for a Change under Section 81 of the Planning
Act (Minor Change). We request that an invoice is made to our Client such that we are
able to pay the applicable fee.
Please find attached the following information:
• Covering letter formally requesting the change;
• Copy of Previous Decision Notice; and
Plan A Town Planning Pty Ltd Level 3, 16 McDougall Street, Milton Q 4064 p 07 3846 0807 abn 17 634 960 937
Town Planning & Development Consultants PO Box 1661 Milton Q 4064 e [email protected] www.planatownplanning.com.au
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• Completed Planning Act Request Form.
We trust that the supplied information is all Council requires to address this matter.
In the event that you do require clarification or any further information please don’t
hesitate to the undersigned on (07) 3846 0807.
Yours faithfully,
Plan A Town Planning Pty Ltd
Peter Catchlove
Director
Plan A Town Planning Pty Ltd Level 3, 16 McDougall Street, Milton Q 4064 p 07 3846 0807 abn 17 634 960 937
Town Planning & Development Consultants PO Box 1661 Milton Q 4064 e [email protected] www.planatownplanning.com.au