Cover Letter - Minor Change 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 1995 Town Planning Scheme applied when the original application was made. The Noosa Plan 2020
(21 September 2020) was in effect at the time that the change application was made. An assessment of the
proposed additional GFA and Site Cover against both planning schemes are provided in the Table 1 below:

Table 1 - Assessment of Development Parameters (applying to entire site area)

                Proposed Total              1995 Planning Scheme            The Noosa Plan 2020
 Gross Floor    1,887m2                     1,928.48m2          P           1,614m2 ( 0.4:1)           O
 Area
 Site Cover     1,327m2                      1,614m2 (40%)            P     1,614m2 (40%)               P
Table 1 above demonstrates that the proposed development:
   + is compliant with the provisions pertaining to GFA under the 1995 Planning Scheme;
   + does not comply with provisions pertaining to GFA under the Noosa Plan 2020, however,
         development, in its current form without the proposed additions, would neither comply with the
         Noosa Plan 2020 provisions; and
   + complies with the site cover provisions pertaining to both the 1995 Planning Scheme and the
         Noosa Plan 2020.

Under the Noosa Plan 2020, GFA requirements are addressed by AO11 and PO11 of the Medium Density
Residential Zone Code which are detailed below:


Plot Ratio

AO11 - For a dwelling house, plot ration of development does not exceed 0.4:1

PO11 - Plot ratio of development:

a)   does not exceed 0.4:1; or
b)   for small dwellings or for development which provides a ratio of at least three small dwellings to one
     other dwelling, does not exceed 0.5:1.

Acceptable Outcome AO11 is not relevant to the proposed development as it does not involve a dwelling
house. The relevancy of the correlating performance outcome PO11 could also be questioned given that
AO11 is not applicable to the proposed development. Where determined to be applicable, it is considered
that little weight should be afforded to PO11 as this Plot Ratio requirement, which was established with the
introduction of the Noosa Plan 2020, has been overtaken by events. In this regard, the existing
development, which was established in 1999, already provides a GFA of 1,872m2 which exceeds the Noosa
Plan 2020 parameter of 0.4:1 or 1614m2. Therefore, this prescriptive requirement is rendered with little
meaning.

Notwithstanding the above, an assessment is provided against the relevant overall outcomes of the
Medium Density Residential Zone code below: