Cover Letter - Minor Change Application

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Figure 1 – Approved reconfiguring a lot plan (RAL21/0009.01)

On 31 October 2022, Council issued a Development Permit for Approval for Operational Works –
Drainage Works, Earthworks, Stormwater relating to the reconfiguring a lot approval.


The Proposal

The proposed application seeks an approval to make minor changes to the existing approval, which would
involve:
    • Changing the application into a 2 into 2 lot reconfiguration with an access easement by removing 51
         Ward Street from the application;
    • Removing the staging of the application
Figure 2 below illustrates an updated plan of subdivision

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Figure 2 – Proposed Plan of Reconfiguration


Please refer to Attachment 1 – Proposed Plan of Reconfiguration for further details.

Changes to Plans/Conditions of Approval

As a result of approving the proposed changes, it is requested that the following changes (identified in red)
are made to the plans/conditions of approval:

       Approved Plans
1.     Development undertaken in accordance with this approval must generally comply with the approved
       plans of development. The approved plans are listed in the following table unless otherwise amended
       by these conditions.
         Plan No.           Rev.    Plan/Document Name                                      Date
         2021-14_C          C       Plan of Development, prepared by Dayna Cook             14/03/2022
                                    Town Planning
         2021-14/D          D       Plan of Development, prepared by Lindsay                16/10/22
                                    Consulting

       Property Access and Driveways
2.     A sealed access driveway must be constructed extending from the existing formation in Hay Street to
       Lots 401 and 402. The works must be undertaken in accordance with an Operational Works approval
       and be generally in accordance with drawing number 2021-1087-13 Revision 2 prepared by Blackall
       Range Consulting Engineers dated September 2021 24-0608-C3 Revision A prepared by Lindsay
       Consulting dated 15/10/24.

       Stormwater Drainage
8.     The site must be provided with a stormwater drainage system connecting to a lawful point of
       discharge. The works must be undertaken in accordance with an Operational Works approval and be
       generally in accordance with drawing number 2021-1087-13 Revision 2 prepared by Blackall Range
       Consulting Engineers dated September 2021 24-0608-C3 Revision A prepared by Lindsay
       Consulting dated 15/10/24. The works must include in particular:
           a. all private structures (headwalls, scour protection, frog flaps etc) wholly contained within the
              private property;

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           b. discharge to the Hay Street road reserve in a manner that does not cause scour or damage
              to the road reserve;
           c.   In Stage 1, The provision of inter-allotment drainage within proposed Lot 401 to convey runoff
                from proposed Lot 201;
           d. the use of gravity stormwater drainage and not surcharge pits. Condition 8 is imposed
              pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.


13.      In Stage 1, A private easement for drainage purposes must be registered in favour of proposed Lot
         201 against the title of proposed Lot 401. The easement must be a minimum 1.5 metre wide and
         widened where necessary to wholly encompass the drainage infrastructure.

        Earthworks and Retaining Walls
17.      All earthworks and associated retaining walls/batters must be undertaken in accordance with an
         Operational Works approval, be generally in accordance with drawing number 2021-1087-03
         Revision 2 prepared by Blackall Range Consulting Engineers dated September 2021 24-0608-C4
         Revision A prepared by Lindsay Consulting dated 15/10/24 and be contained entirely within the
         subject site unless written permission from the respective landowner(s) is provided to Council.


18.      Delete.



Statutory Process and Assessment Requirements

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change relates to
         a changing the reconfiguration into a 2 into 2 lot realignment and minor design modifications ;
    + The change would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to extra referral agencies;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor change’ to
the approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application the assessment
manager must consider:

(2)(da) all matters the responsible entity would or may assess against or have regard to, if the change
application were a development application.

(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.

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(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in the
circumstances, to— (a) the statutory instrument or other document as in effect when the change application
was made;

The original development application was submitted under the Noosa Plan 2020 and there have been no
changes to the planning scheme that would affect the assessment of the application.

The proposal 2 into 2 lot reconfiguration remains compliant with the Noosa Plan 2020 and will not result in
any different or additional impacts.

Conclusion

The above report demonstrates that the proposal involves a minor change under the Planning Act 2016.
Overall, the proposed development will remain compliant with the requirements of the applicable codes
under the Noosa Plan 2020. Consequently, the minor change application should be supported


Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to the
requested minor change to a development approval. Should you have any questions in relation to the
proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,



Marcus Brennan
B. Urb. Reg. Plan.