L02 To NSC - lodge Pre-Repuest · 131999.982963.6

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Section 81(2) and (3) of the Planning Act 2016 specifies what the responsible entity (in this instance the
Court) must consider when assessing and deciding applications for minor changes including the
following:

      (2) When assessing the change application, the responsible entity must consider—

            (a) the information the applicant included with the application; and
            (b) if the responsible entity is the assessment manager and submissions were properly made
                about the development application—the submissions; and
            (c) any pre-request response notice or response notice given in relation to the change
                application; and
            (d) all matters the responsible entity would or may assess against or have regard to, if the
                change application were a development application; and
            (e) another matter that the responsible entity considers relevant.

      (3) For subsection (2)(d), the responsible entity—
          (a) must assess against, or have regard to, the matters that applied when the development
              application was made; and
          (b) may assess against, or have regard to, the matters that applied when the change
              application was made.

The applicable planning instruments that Council must have regard to are:
             State Planning Regulations 2017;
             State Planning Policy 2017; and
             The current planning scheme of the Noosa Shire (Noosa Plan 2020).

The proposal does not change the use or scale of impacts and is consistent with the higher order State
Planning Regulations and Planning Policies. Management plans relating to Bushfire Management,
Vegetation Protection and Koala Management exist for the site and the proposed alterations do not
affect these plans.

The Noosa Plan 2020 includes the subject site in the Low Density Residential zone which details that a
dwelling is accepted development and required to comply with the following:-

        Acceptable Outcomes AO4, AO5, AO7, AO8, AO9, AO10, AO11, AO12, AO13, AO14, AO15,
        AO16, AO17, AO18, AO19, AO20, AO21 of the Low Density Residential Zone Code

        Acceptable Outcomes AO1.1, AO2, AO3, AO5,AO6, AO7, AO8, AO9, AO10, AO11, AO12,
        AO13, AO14, AO15, AO16, AO18, AO19, AO20, AO21 and AO22 of the Low Density Housing
        Code.

Detached House Code. It is noted that there are no site specific provisions in the Noosa Heads locality
or Low Density Housing Code of the Noosa Plan 2020 relating to the Bayview Road Houses and the
site is only affected by the following overlays in the Noosa Plan 2020 – Bushfire, Environment – Enhance
or Protect and Local Koala Habitat.

The Court Order for the site includes a number of conditions and development parameters specifically
relating to the Bayview Road Houses. These conditions relate to aspects such as height as well as
colours and materials to minimize impacts on the surrounding area. These conditions along with a
comparison of the current planning requirements and the proposal are detailed in the Figure 3 below: