Minor Change and OPW Application

                                                                  DANYA COOK TOWN PLANNING


    Swept Layout Plan, Sheet 2 of 3                335-001-701                A        11.04.2023   BAX Engineering Pty Ltd
    Swept Layout Plan, Sheet 3 of 3                335-001-702                A        11.04.2023   BAX Engineering Pty Ltd

Change to Infrastructure Charges Notice

Considering the proposed change does not result in an increase in lot yield or a material change of use to the land, additional
infrastructure charges are not applicable. As such, change to the Infrastructure Changes Notice is not required.

Affected Entities

There are no affected entities for the development.

Consistency Assessment

In accordance with Section 81(3) of the Planning Act 2016, the responsible entity:

(a) must assess against, or have regard to, the matters that applied when the development application was made; and
(b) may assess against, or have regard to, the matters that applied when the change application was made.

The original application was approved by Council on the 9 March 2022, in accordance with the current Noosa Plan 2020 (25
September 2020). The proposed change has considered the current Planning Scheme, in particular, the Flood Hazard Overlay
Code and Biodiversity, Waterways and Wetlands Overlay Code.

It is acknowledged that a portion of the amended building envelope is located within the Flood Hazard Overlay, however,
compensatory earthworks can be undertaken on-site to ensure the building envelope is contiguous with land that is free
from inundation in the PMF event.

Furthermore, the unlawful fill imported on-site will be removed from the Biodiversity, Waterways and Wetlands Overlay
area.

Statutory Assessment

This assessment finds that the proposal constitutes a Minor Change in accordance with Section 78 and Section 81 of the
Planning Act 2016, as follows:

•     The change does not result in a substantially different development, as the change does not:
      (a) Involve a new use.
      (b) Result in the application applying to a new parcel of land.
      (c) Dramatically change the built form in terms of scale, bulk, and appearance.
      (d) Change the ability of the proposed development to operate as intended.
      (e) Remove a component that is integral to the operation of the development.
      (f) Significantly impact on traffic flow and the transport network, such as increasing traffic to the site.
      (g) Introduce new impacts or increase the severity of known impacts.
      (h) Remove an incentive or offset component that would have balanced a negative impact of the development.
      (i)   Impact on infrastructure provisions.
•     The change will not cause the approval to include prohibited development.
•     The change does not trigger referral to a referral agency, other than to the chief executive.
•     The change does not trigger referral to extra referral agencies, other than to the chief executive.
•     The change does not trigger 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 change does not trigger public notification, noting the original application was not subject to public notification.

On this basis, the application is considered to follow a lawful process in making a request in accordance with Section 78 and
Section 81 of the Planning Act 2016.

                                                                 5


Application for Request for Minor Change and Development Permit for Operational Work                                 April 2024