Minor Change Report 51994 1165 01 [As Published] · 51994.1165.01

               2.     BACKGROUND
               A town planning consent for a Duplex dwelling was approved on 9 May 1994.
               A Show Cause Notice was issued on 8 February 2023 - Inspection of the premises by Council
               officers found that there were new works being conducted at the rear of Unit 2 which were built to
               the side boundary setback and in breach of approved plans.
               Works ceased and an application was lodged early March 2023.
               A site inspection was carried out by a planner
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      The Noosa Plan 2020.
               3.2. Statutory Process
               The applicant has requested to make a minor change to a development approval under s78 of the
               Planning Act 2016. An application for a minor change to a development approval can only be made
               in circumstances where a change would constitute a ‘minor change’.
               The proposed change to the development approval requested by the applicant is determined to
               constitute a minor change on the grounds that:
               •      the development would not result in substantially different development as the development
                      relates to a minor alteration to Unit 2;
               •      the change does not include prohibited development;
               •      the change would not require the application to be referred to an additional referral agency
                      or cause a referral agency to have regard to new matters prescribed by regulation;
               •      where the original application was code assessable, the change would not cause the
                      application to become impact assessable.
               3.3. Statutory Instruments – Planning Scheme
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •     Medium Density Residential Zone Code;
               •     Noosaville Local Plan Code;
               •     Dual Occupancy and Multiple Dwelling Use Code;
               •     Works Codes.
               The original development approval was issued on 9 May 1994, approved under the 1990 Planning
               Scheme.
               Additional conditions will be imposed rather than amendments to existing conditions of approval
               as the development relates to Unit 2 only. The key matters of consideration includes the following:
               Site Cover
               Site cover provisions under the 1990 Scheme and Noosa Plan 2020 remain the same. The
               development was approved with a site cover of 39%, where 40% is allowed. The applicant seeks
               additional site coverage of 6m2 which takes the site cover of the whole development to ~40%, and
               as such complies with both the 1990 Scheme and Noosa Plan 2020 requirements.




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Document Set ID: 22385438
Version: 5, Version Date: 27/06/2023