Minor Change Report 51901.3589.05 [As Published]

               On 24 November 2009, a minor change was approved to extend the second and third storey
               balconies, which are situated on the buildings northern side. The balconies are of suspended slab
               construction.
               On 9 November 2017, a minor change was approved to enclose part of an existing balcony to Unit
               4.
               On 24 October 2018, a minor change was approved to enclose part of the existing balcony (8m2)
               to unit 5.
               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
               •      The Noosa Plan 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;
               •      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 application must be assessed against the 1973 Planning Scheme that was current at the time
               of the original application, but Council may have regard to the Noosa Plan 2020 where appropriate.
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      High Density Residential Zone Code;
               •      Noosaville Local Plan Code;
               •      Dual Occupancy & Multiple Dwelling Code;
               •      Works Codes;
               •      Acid Sulfate Soils Overlay Code
               •      Flood Hazard Overlay Code
               The proposal plans suggest that no to limited physical changes have been made to the units to
               amalgamate the units into 1 dwelling. However, the applicant advises in this regard that:
               • The purpose of the change application is so that units 1 and 4 can be amalgamated and titled
                  as a single dwelling to reflect is current use.
               • The applicant has a large family, including children and grandchildren, who visit and stay in
                  the unit and they want to retain separate habitable spaces, including 2 kitchens.




                                                                                                       Page 5 of 7

Document Set ID: 22775937
Version: 4, Version Date: 23/02/2024