Delegated Report - OPW23/0050.02 (As Published)

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The original application was lodged and assessed under the now superseded Noosa Plan 2020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superseded and current planning schemes.

 

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