Minor Change Letter - 100988 RAL · RAL25/0004.01

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3.0       COMPLIANCE WITH DEFINITION OF ‘MINOR CHANGE’ (SCHEDULE 2 OF PA
          2016)

Schedule 2 of the Planning Act 2016 provides a definition of a ‘minor change’, which
contains a series of criteria to determine what constitutes a ‘minor change’ to an approval
detailed as follows:

minor change means a change that—

      (b) for a development approval—
          (i) would not result in substantially different 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
               (B) referral to a referral agency, other than to the chief executive, if there were
                   no referral agencies for the development application; or
               (C) referral to extra referral agencies, 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
               (E) public notification if public notification was not required for the development
                   application.

An assessment of the proposed change with reference to the above criteria is provided as
follows:

          (i) (The change) would not result in a substantially different development

When determining what constitutes a substantially different development, Schedule 1:
Substantially Different Development of the Development Assessment Rules applies.
Schedule 1 provides a list of criteria that may constitute a substantially different
development as follows:

          Involves a new use; or
          Results in the application applying to a new parcel of land; or
          Dramatically changes the built form in terms of scale, bulk and appearance; or
          Changes the ability of the proposed development to operate as intended; or
          Removes a component that is integral to the operation of the development; or
          Significantly impacts on traffic flow and the transport network, such as increasing
           traffic to the site; or
          Introduces new impacts or increase the severity of known impacts; or
          Removes an incentive or offset component that would have balanced a negative
           impact of the development; or
          Impacts on infrastructure provisions.

An assessment is provided as follows:




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Involves a new use

The ‘proposed change’ does not involve a new use.

Results in the application applying to a new parcel of land

The ‘proposed change’ does not involve a new parcel of land.

Dramatically changes the built form in terms of scale, bulk and appearance

The ‘proposed change’ does not dramatically change the built form in terms of scale, bulk
and appearance.

Changes the ability of the proposed development to operate as intended

The ‘proposed change’ does not change the ability of the proposed development to operate
as intended.

Removes a component that is integral to the operation of the development

The ‘proposed change’ does not remove a component that is integral to the operation of
the works.

Significantly impacts on traffic flow and the transport network, such as increasing traffic to
the site

The proposed change will have no significant impact on traffic flow and the transport
network.

Introduces new impacts or increase the severity of known impacts

The ‘proposed change’ does not introduce new impacts or increase the severity of known
impacts.

Removes an incentive or offset component that would have balanced a negative impact of
the development

The ‘proposed change’ does not remove an incentive or offset component that would have
balanced a negative impact of the development.

Impacts on infrastructure provisions

The ‘proposed change’ does not impact on infrastructure provisions.

    (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




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The application,   if   remade   including   the   change   would      not   comprise   prohibited
development.

       (B) referral to a referral agency, other than to the chief executive, if there
           were no referral agencies for the development application

The application, if remade including the change would not trigger referral to any referral
agencies.

       (C) referral to extra referral agencies, other than to the chief executive

The application, if remade including the change would not trigger referral to any referral
agencies.

       (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

The application, if remade including the proposed changes would not require referral.

       (E) public notification if public notification was not required for the
           development application.

Public notification was not required for the original development application. If the
application was to be remade to include the change, the application would remain ‘code
assessable’ and not require public notification.




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[email protected]                     Murray & Associates (QLD) Pty Ltd                         September 26

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4.0     REQUESTED CHANGES

The following section outlines required / requested changes to the Conditions of Approval
and the Approved Plans. Please note additions are in Bold and elements to be removed
are in Red.

Condition 7 requires amending to read as follows -

Landscaping Works

7. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific
area and must include in particular:

      a. 5m and 10m wide landscaped buffers as shown on the Approved Plan of
         Subdivision.
      b. Provision of 1 street tree within the road reserve for every 8 metres of new road.
      c. Buffer plantings to the landscape open space link that provides access to Lot
         100.
      d. Vegetated landscape planting of the Lot 101 (Park).
      e. Adjacent to proposed Lot 1 - a 2m landscape buffer is provided along the
         eastern boundary of Lot 100.
      f. Adjacent to proposed Lot 2 - a single row of Syzgium smithii planted at 6m
         centres and mulched at the base (minimum of 1m2 of mulch) is provided
         along the eastern boundary of Lot 100.
      g. planting works to the median strip that do not interfere with driver sight lines
         both while plants are growing and when they are fully grown.
      h. removal of all weeds species listed in the following standards and legislation:
            I.   declared plants under the Land Protection (Biodiversity Act 2016 and
                 sub-ordinate Regulation 2016).
           II.   The Noosa Biosecurity Plan 2020

Comment:

The proposed minor change requires the above changes to Condition 7 to align with the
Minor Change for the associated Operational Work approval OPW25/0057.




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[email protected]                      Murray & Associates (QLD) Pty Ltd                   September 26

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5.0   SUMMARY

Pursuant to Section 78 of the Planning Act 2016, we hereby request Council issue a
‘Change to the Existing Approval Notice’ in support of the ‘proposed change’. Should
further information or clarification be required in relation to the above / attached
documentation, please don’t hesitate to contact me on (07) 5441 2188.

Yours faithfully,




Blake Bell BRTP, M.P.I.A., CPP, MDIA
Director / Principal Town Planner
MURRAY & ASSOCIATES (QLD) PTY LTD




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                                                            Appendix A



Current Titles Search




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