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

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




With respect to part (c) above, the balcony area remains the same size, already provides for a
solid dividing wall between Units 6 & 7 and is roofed. Further, the enclosure consists of large
windows fitted above the existing balustrade along the eastern edge, which open outwards
and glass louvers along the northern edge. The proposed changes do not significantly change
the appearance of the balcony area and are not visible from the street. Consequently, having
regard to the above, the proposed development is not a substantially different development.

With respect to the other aspects in the definition of a minor change, the following comments
are made:
    • the change sought does not include prohibited development;
    • does not involve referral to any additional referral agencies and does not affect the
       assessment of the application as undertaken previously by a referral agency; and
    • the original application was publicly notified with two properly made submissions
       being received.

In my opinion, having regard to the comments made above, the proposed change can be
considered a minor change under the Planning Act 2016.

Pursuant to section 80 of the Planning Act 2016, there are two referral agencies that are to be
notified at the time the change is sought to be made by the Planning and Environment Court.
It is not expected that either the State Assessment Referral Agency (SARA) or Energex Limited
will have any objection to the proposed change.

Section 81 of Planning Act 2016 requires the responsible entity to:
   a) 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.

Because the original approval was granted under the Noosa Plan 2006, and this remains the
current planning scheme, the obligation is to consider the change application against the
requirements of the Noosa Plan 2006.

Noosa Plan

Under the Noosa Plan, the subject land is located within the Eastern Beaches Locality and is
included in the Semi-Attached Housing Zone. The most relevant provisions are those
contained in the Eastern Beaches Locality Code, in particular the following specific outcomes:

 Amenity
 O1 Uses are located, designed and operated No solution provided
 to avoid significant adverse changes to the
 light, air quality, noise, accessibility or other
 conditions enjoyed by users of associated,
 adjoining or nearby uses.



 17006 – Colin & Michele Middleton

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