Delegated Report - OPW23/0050.02 (As Published)

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1. PROPOSAL
The applicant seeks approval to change to an existing development approval.

The proposed changes relate to conditions 2 and 29 which currently prescribe that the application
will lapse if not substantially started by 12 January 2026.

The applicant is seeking to extend this period by two years to 12 January 2028.
No changes to the proposed design are proposed in this application.

The locality is included below.

 

 

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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;

e South East Queensland Regional Plan;

e Planning Regulation 2017; and

e¢ Noosa Plan 2020 (31 July 2020).

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This minor change application is triggered as the currency period is articulated within conditions of
development. Therefore, this minor change application also serves as an Extension Application
under Section 86 of the Planning Act 2026

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:

e the development would not result in substantially different development as the proposal
does not include a new use;

e 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The original application was lodged and assessed under the now superseded Noosa Plan 2020
(31 July 2020). Pursuant to s81 of the Planning Act 2017, Council must consider the planning
scheme in effect when the original development application was lodged, however Council may give
weight to Noosa Plan 2020 as the planning scheme in effect at the time of the minor change
application being lodged.

The following codes from the Noosa Plan 2020 are applicable to this development:

. Low Density Residential Zone Code; and
° Low Density Housing Code.

The applicant is seeking an extension of the currency period of the application as articulated within
conditions 2 and 29, by two years, from 12 January 2026 to 12 January 2028.

The currency period is not a matter specifically addressed within the triggered codes in both the
superseded and current planning schemes.

 

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Existing Condition

29. The Currency Period for this development approval lapses if the development has not

substantially started by 12 January 2026, unless an application to extend the currency
period is approved by Council

Applicant’s Request

The applicant has requested existing condition 29 be amended and replaced with the following
amended condition which extends the currency period by two years:

29. The Currency Period for this development approval lapses if the development has not

substantially started by 12 January 2028, unless an application to extend the currency
period is approved by Council

Assessment of Request
Refer discussion of condition 2 above.

Recommendation
It is recommended existing condition 29 be amended to read as follows:

29. The Currency Period for this development approval lapses if the development has not

substantially started by +2 January 2026 12 January 2028, unless an application to extend
the currency period is approved by Council

Administrative Amendments
e Incorporate the Endorsed Plans conditioned in DBW23/0027.02 in Condition 3.

e Undertake administrative amendment to the Development Permit for Operational Works,
replacing conditions 28-70 with conditions 1-42.

 

4. CONSULTATION

4.1. Referral Agencies

Not applicable

4.2. Internal Council Referrals
Not applicable

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5.

CONCLUSION & REASONS FOR DECISION

The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.

The report is provided in accordance with Section 83(9) of the Planning Act 2016.

RECOMMENDATION

With regard to Application Nos. DBW23/0027.02 & OPW23/0050.02 to make a minor change to
an existing approval for Development Permit for Building Works Assessable Against the Planning
Scheme — Dwelling House and Development Permit for Operational Works (Drainage, Stormwater
& Earthworks) situated at 50 Noosa Pde Noosa Heads Qld 4567 and described as Lot 22 N 21844,
Council on 6 February 2026 decided to:

A.
B.

Approve the change and extension to the currency period.

Amend condition 2 of the Development Permit for Building Works Assessable Against the
Planning Scheme to read as follows:

2. This development approval lapses if the works have not substantially started by 12
January 2028, unless an application to extend the currency period is approved by
Council

Amend condition 2 of the Development Permit for Operational Works to read as follows:

29. The Currency Period for this development approval lapses if the development has not
substantially started by 12 January 2028, unless an application to extend the
currency period is approved by Council

Update condition 3 of the Development Permit for Development Permit for Building Works
Assessable Against the Planning Scheme to reflect the “Enforcement of Amended Plans”
letter dated 23/04/2025.

Undertake administrative amendment to the Development Permit for Operational Works,
replacing conditions 28-70 with conditions 1-42.

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