Town Planning Assessment Report · 132001.210239.2

5. Statutory Process & Assessment Requirements

5.1.    Change Application - Planning Act 2016


The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change relates to
         a minor alterations to an existing dwelling house;
    + The change would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor change’ to
the approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.



5.2.    Assessment Procedures


In accordance with Section 81 of the Planning Act 2016, in assessing the change application the assessment
manager must consider:

(2)(da) all matters the responsible entity would or may assess against or have regard to, if the change
application were a development application.

(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.

(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in
the circumstances, to— (a) the statutory instrument or other document as in effect when the change
application was made;

The original dwelling was approved by council at its meeting on 21st March 2002 (22225 DA).

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
In this circumstance, it is considered that weight should be afforded to the Noosa Plan 2020 when
assessing the proposed changes, as this document sets out the current planning intent for the Shire over
the next 20 years.

An assessment against the all matters the responsible entity would or may assess against or have regard to,
if the change application were a development application is provided in the sections below.




                                                                                                  Page 7 of 21