Minor Change Report RAL21 0026 01 [As Published] · RAL21/0026.01

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               pool fence and avoid some existing foxtail palms. The realignment results in Lot 31 having an area
               of 955m2 (originally approved as 931m2) and Lot 32, an area of 831m2(originally approved as
               854m2)




                                                       Figure 1 – Locality




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                                                        Figure 2 – Site Plan


               2.     BACKGROUND
               A development approval to reconfigure a lot (1 lot into 2 lots) and the associated operational works
               was issued on 25 May 2022 subject to conditions including a requirement to carry out the
               subdivision in accordance with the approved plans below.




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                                                     Figure 3 – Approved Plans

               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 2017;
               •      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.


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               3.3. Statutory Instruments – Planning Scheme
               The following codes from the Noosa Plan 2020 are applicable to the proposed change:
               •      Low Density Residential Zone Code;
               •      Coastal Communities Local Plan Code
               •      Reconfiguring a Lot Code
               •      Works Codes;
               The proposed change to the approved lot boundary meets the applicable requirements of the
               above Codes, with the proposal maintaining the minimum lot size and average lot width for lots
               within the Low Density Residential Zone. The new lots are also of a shape that can accommodate
               the land uses intended by the zone, despite having an irregular dividing lot boundary dictated by
               the site’s existing structures.
               4.     CONSULTATION
               4.1. Referral Agencies
               The application was previously referred to SARA due to Schedule 10, Part 4, Division 3, Table 1
               (Planning Regulation 2017): Premises contaminated because of unexploded ordnance. The
               Department provided a condition requiring the site to be remediated and cleared of unexploded
               ordnances.
               Pursuant to s80 the applicant was required to notify the referral agency of the proposed change.
               No response was received from SARA.
               4.2. Internal Council Referrals
               Not applicable
               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. RAL21/0026.01, to make a minor change to an existing approval for
               Reconfiguring a Lot (1 into 2 lots) and Operational Works (Drainage, Stormwater & Driveway)
               situated at 29 Currawong Crescent, Peregian Beach described as Lot 373 P 93115, Council on 28
               November 2023 decided to:
               A.     Approve the change.
               B.     Amend condition 2 to read as follows:
                      Approved Plans
               2.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                         Plan No.           Rev.   Plan/Document Name                          Date

                         TS2122-POD         C      Plan of Development, prepared by Colston 04/08/2023
                                                   Surveyors




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Document Set ID: 22700390
Version: 4, Version Date: 30/11/2023