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Cover Letter - Minor Change Application
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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