L02 To NSC - lodge Pre-Repuest · 131999.982963.6

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        grandchildren who requires wheel chair access.


PRE-REQUEST RESPONSE

Section 78 of the Planning Act 2016 details the responsible entity for assessing a changes application
after the appeal period. The Act details that the responsible entity is the Planning & Environment Court
where:

      (b) the P&E Court, if—
           (i) the change application is for a minor change; and
           (ii) the development approval was given because of an order of the court; and
           (iii) there were any properly made submissions for the development application; or

The proposed changes are minor as detailed below, the development approval was issued under a
Court Order and there were submissions to the development application. Therefore the responsible
entity for assessing the application is the Planning and Environment Court.

As part of the changes application process the Act details that anyone who proposes to make a change
application must give notice of the proposal to any affected entity. In this instance the affected entities
are the assessment manager (Noosa Council) and referral agencies and the applicant is seeking a pre-
response notice from Council detailing that they have no objection to supporting the proposed changes.


MINOR CHANGE

Section 78 of the Planning Act 2016 describes a changes application can either be either ‘minor
changes’ or ‘other changes’. The proposed changes to the development approval constitute a minor
change as detailed below.

minor change means a change that—

(b) for a development approval—

   (i) would not result in a substantially different development –

        The changes to the dwelling do not change the use or the significantly alter the appearance or
        impacts of the building on the site.

   (ii) 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

          The proposed changes do not include any prohibited development.

          (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

          The proposal does not raise any new matters for referral agencies to consider.

          (E)   public notification if public notification was not required for the development application.

          The original approval was impact assessable. The proposed changes do not significantly alter
          the building or impact on the surrounding area

The proposed changes are considered minor changes under the Act.