1. 20230203_Council_Minor_Change_Cover_Letter

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The original staging involved the following buildings within each stage:
Stage 1 – Buildings 1, 2 & 3
Stage 2 – Building 4
Stage 3 – Building 5 & 6
Stage 4 - Buildings 7 & 8

The revised staging will involve a minor change to the proposed staging boundaries and reducing the proposed number of
stages from four stages to three stages.

The revised staging layout is illustrated in Figure 2 below:




                                                  Figure 2 – Proposed staging plan


The revised staging will involve the following buildings within each stage:
Stage 1 – Buildings 2, 3 & 4
Stage 2 – Buildings 5, 6, 7 & 8
Stage 3 – Building 1

The revised staging has been amended to assist with the finalisation and fit out of those buildings located towards the
rear of the site first, and Building 1 (Stage 3) closest towards the site’s entrance last.

The proposed staging still facilitates each stage to stand alone and function in its own right by providing turning
manoeuvring areas for service vehicles, adequate parking to cater for each stage, infrastructure services (including
stormwater) and landscaping.

It is anticipated that the proposed conditions of approval, list of approved plans and the ICN notice will be need to be
updated to reflect this proposed change.




JFP Ref: M2677P                                                                                                  Page 2

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In addition this cover letter, we also enclose the following information to accompany the application. These items include:
     DA Form 5
     Updated architectural Plans
     Owners Consent

Application background
On 6 May 2021, Council decided to approve an application for material change of use (34 Multiple Dwelling units) over
land at 101 and 105 Eumundi Noosa Rd, Noosaville (Council ref: MCU20/0150).

On 28 July 2021, Council issued a Negotiated Decision Notice, which partially agreed to representations relating to the
conditions of approval (Council ref: MCU20/0150).

On 23 November 2021, Council decided to approve a change ‘other’ application, which included a new parcel of land and
increased the number of multiple dwelling units from 34 to 53, over land at 99, 101 & 105 Eumundi Noosa Rd Noosaville
(Council ref: MCU20/0150.01

On 4 February 2022, Council endorsed a plan considered to be generally in accordance with the development approval.
This plan included a plunge pool into unit 401 in Building 4.

Requested change to approval and justification:

To assist council with the assessment of the proposed amendments we have prepared the following consequential
changes to the existing condition package to reflect the proposed change to development approval.

The proposed amendments to conditions are shown as strike throughs (deletions) or bold - type (additions).

Proposed amendments and justification:

Condition 2
Approved Plans
2. 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. In this
regard, the Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and
resubmitted to Council prior to the issue of any Development Permit for Operational Works.

    Plan No.                   Rev. Plan/Document Name                                           Date
    DA37                       0102 Staging Site Plan, prepared by                               19.08.21 28.02.23
                                    Blackburne Jackson Architecture

Comment
The list of approved plans is requested to be amended to reflect the proposed changes to the existing staging plan.




JFP Ref: M2677P                                                                                                Page 3

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Condition 3
3. The approved development must include a minimum of 50 small dwellings as defined by The Noosa Plan 2020.
Staging
        a. The development may be staged in accordance with the stage boundaries shown on the Approved Staging Plan
        (Dwg No. DA37 0102 Staging Site Plan). If staged, the development need not be completed sequentially in the
        stage order indicated on the Approved Plans provided that any vehicle access, onsite manoeuvring, car parking,
        landscaping and infrastructure services required to service the particular stage are constructed with that stage.



The above changes to the list of approved plans have been sought to reflect the proposed changes developments staging.

Assessment against the applicable provisions of the Act

In accordance with s.81 and Schedule 2 of the Act, please find below an assessment of the proposed change against the
‘minor change’ criteria of the Act.

    Criteria                                                       Response
    Minor change means a change that—
    ….
    (b) for a development approval—

         i)       Would not result in ‘substantially different     Complies refer to Table 2 below.
                  development’; and
         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      Complies – The proposed does not introduce prohibited
                       b) Referral to a referral agency, other     development.
                           than to the chief executive, if there   Complies – The proposed development does not require
                           were no referral agencies for the       the development to be referred to a referral agency nor
                           development application; or             additional matters prescribed by a regulation under
                       c) Referral to extra referral agencies,     section 55(2).
                           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




JFP Ref: M2677P                                                                                                  Page 4

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                      e) public notification if public                     Complies – The proposed amendment is minor in nature
                         notification was not required for the             and will not trigger the requirement for public
                         development application.                          notification.

Table 1 – ‘Minor change’ criteria (Schedule 2 - Dictionary)


The proposed change represents a minor change under Schedule 1 of the Development Assessment Rules, as the
outcome does not result in ‘substantially different’ development as outlined below.

    Substantially Different Criteria                              Response
    A change may be considered to result in a substantially different development if the proposed change:
        a) involves a new use                                     Complies – the change does not involve a new use
        b) results in the application applying to a new parcel Complies – the proposed change will not result in any
           of land; or                                            new parcels of land being included as part of the
                                                                  application
        c) dramatically changes the built form in terms of        Complies – the proposed changes do not involve any
           scale, bulk and appearance; or                         additional changes to the approved built form
        d) changes the ability of the proposed development Complies – the proposed change does not change the
           to operate as intended; or                             ability for the development to operate as intended
        e) removes a component that is integral to the            Complies – The proposed change does not remove a
           operation of the development; or                       component that is integral to the development
        f) significantly impacts on traffic flow and the          Complies – The proposed amendments will not result in
           transport network, such as increasing traffic to       any additional impacts not already addressed as part of
           the site; or                                           the original approval
        g) introduces new impacts or increase the severity of Complies The proposed amendment will not result in
           known impacts; or                                      increased severity of known impacts.
        h) removes an incentive or offset component that          Complies – the proposed change does not remove any
           would have balanced a negative impact of the           incentive or offset component of the proposed
           development; or                                        development.
        i) impacts on infrastructure provisions.                  Complies – the proposed minor change does not result in
                                                                  any adverse impacts on infrastructure provisions.
Table 2 – Substantially different criteria (Schedule 1 – Development Assessment Rules


Affected Entities
As no referrals were triggered as a result of the original application, and this request does not trigger referral to any
‘affected entities’.

Summary

As demonstrated above, the proposed changes to the development approval represent a minor change under s78 of the
Planning Act 2016 and Schedule 1 of the Development Assessment Rules, as the outcome of the development would not
result in a ‘substantially different development’, require additional referral agencies or change the level of assessment in
the event that the application was to be re-lodged. The change to approval also does not trigger public notification.

The applicable application fee for this application, calculated in accordance with the council’s current fees and charges
resolution is $2,330.00. This fee will be paid upon receipt of Council payment advice.




JFP Ref: M2677P                                                                                                        Page 5

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In support of our request, please find enclosed the following:
     Attachment A: DA Form 5
     Attachment B: Amended staging plan
     Attachment C: Existing approved plans
     Attachment D: Council’s fee acceptance

We look forward to receiving Council’s changed approval package for the application. Should you require any clarification
on any of the above issues please do not hesitate to contact me.




Yours faithfully,




TIMOTHY BALCOMBE
SENIOR DEVELOPMENT PLANNER
JFP URBAN CONSULTANTS

CC/- Altum Property Group




JFP Ref: M2677P                                                                                               Page 6