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Minor Change Report MCU23 0094 02, OPW23 0113 02 & RAL23 0014 02 (As Published) · MCU23/0094.02

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                    •    Development Permit for Material Change of Use - Multiple dwelling (38 units - 36 small
                         dwellings, 2 dwellings greater than 100m2);
                    •    Development Permit for Reconfiguring a Lot – Subdivision by Community Title (4 lots into
                         38 lots);
                    •    Development Permit for Operational Works (in part) – Roadwork, Vegetation Clearing &
                         Earthworks; and
                    •    Preliminary Approval for Landscaping, Drainage, Stormwater.
               On 13 May 2024, Negotiated Decision Notice was issued replacing the preliminary approval with
               a full development permit, and amending a series of conditions to amend various conditions of the
               Material Change of Use component of development.
               On 11 September 2024, a minor change approval was granted for the purpose of amending
               conditions relating to the detention systems and capacity of the detention tanks.
               3.       ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •        State Planning Policy;
               •        South East Queensland Regional Plan;
               •        Planning Regulation 2017; and
               •        Noosa Plan 2020 (25 September 2020).
               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:
               •        the development would not result in substantially different development as the proposal does
                        not:
                        o     involve a new use; or
                        o     result in the application applying to a new parcel of land; or
                        o     dramatically change the built form in terms of scale, bulk and appearance; or
                        o     change the ability of the proposed development to operate as intended; or
                        o     remove a component that is integral to the operation of the development; or
                        o     significantly impact on traffic flow and the transport network, such as increasing traffic
                              to the site; or
                        o     introduce new impacts or increase the severity of known impacts; or
                        o     remove an incentive or offset component that would have balanced a negative impact
                              of the development; or
                        o     impact on infrastructure provisions.
               •        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 following codes from Noosa Plan 2020 are applicable to this development:
               •    Medium Density Residential Zone Code;

                                                                                                          Page 4 of 14

Document Set ID: 23576256
Version: 4, Version Date: 07/07/2025

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