Minor Change Report OPW23 0023 01 [As Published] · OPW23/0023.01

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Figure 1 — Locality

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Document Set ID: 22449679
Version: 3, Version Date: 05/06/2023

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                                                    Figure 2 – Canal Fencing


               2.     BACKGROUND
               A development approval for Operational Works - Vehicle Crossover was approved on 2 March
               2023.
               The applicant has requested that the application be changed to include another item, the fencing
               adjacent to the canal revetment wall.


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Document Set ID: 22449679
Version: 3, Version Date: 05/06/2023

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               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
               •       The Noosa Plan 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;
               •       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 the Noosa Plan 2020 are applicable to this development:
               •       Low Density Residential Zone Code;
               •       Noosaville Local Plan Code;
               •       Waterways Works Codes;
               Assessment
               It is noted that the fencing is an open pool fence type.
               The applicant has provided:
                     i. a photo of the installed fencing and
                    ii. certification letter from a Registered Professional Engineer of Queensland (RPEQ) that
                        states that fencing will not impact of flood storage within the site and has not impacted on
                        the stability of the revetment wall.
               It is considered that no changes are required to the existing conditions and approved plans to
               include the fencing. It is recommended that the following additional condition be included:
               Any fencing installed adjacent to the revetment wall:
                      i. must be of an open design,
                     ii. must not reduce the flood storage within the site or the movement of flood waters within the
                          canal, and
                    iii. must not impact on the structural integrity of the revetment wall
               4.      CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
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Document Set ID: 22449679
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               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. OPW23/0023.01 , to make a minor change to an existing approval
               for Operational Works - Vehicle Crossover situated at 13 Saltwater Ave Noosaville Qld 456613
               Saltwater Ave Noosaville Qld 4566 described as Lot Lot 878 SP 102594, Council on 6 June 2023
               decided to:
               A.     Approve the change.
               B.     Amend the Decision Details to include fencing on the canal frontage.
               C.     Include the following additional condition:
                    Any fencing installed adjacent to the revetment wall:
                      i. must be of an open design,
                     ii. must not reduce the flood storage within the site or the movement of flood waters within the
                           canal, and
                    iii. must not impact on the structural integrity of the revetment wall




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Document Set ID: 22449679
Version: 3, Version Date: 05/06/2023