Pre-Request Response - 226 David Low Way 30 Oct 2017

 “Adamson Town Planning, specialising in providing higher order town planning advice”



All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such
as shutters, louvers glass panelling or the like, with exception of Unit 6, which provides for two
large glass windows along the eastern edge located above the balustrade that open outwards
and glass louvres along the north edge.

The suggested changes made to the condition allow for the proposed changes. The reason
the change is being sought in this manner is because the proposed change only affects Unit 6
and does not affect any other unit within the complex or the common property.

Minor Change

Pursuant to section 78 of the Planning Act 2016, the applicant seeks to make a minor change
to the development approval (changes application). In this case the responsible entity is the
Planning and Environment Court; however, a pre-request response is sought from Noosa
Council to make the necessary application to the Court straight forward.

The definition of minor change states:
   a) …
   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.

Having regard to whether the changes made to the balcony area would result in a substantially
different development, the Development Assessment Rules under Schedule 1 provide some
guidance with respect to this issue. To that end, the following comments are made:
    a) the proposed development does not involve a new use;
    b) does not involve a new parcel of land;
    c) does not dramatically change the built form in terms of scale, bulk and appearance
        (refer comments below);
    d) will not change the ability of the development to operate as intended;
    e) will not remove a component that is integral to the operation of the development;
    f) will not cause any impact upon traffic flow or the transport network;
    g) will not introduce any new impact or increase the severity of known impacts (refer
        comments below);
    h) does not remove an incentive or offset component; and
    i) will not have any impact upon the provision of infrastructure.


 17006 – Colin & Michele Middleton

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