Minor Change Request report 61 Noosa Springs · 132003.221035.1

               D. a referral agency to assess the application against, or have regard to, matters
                  prescribed by regulation under section 55(2), other than matters the referral
                  agency must have assessed the application against, or have had regard to, when
                  the application was made; or

       Response: The proposed change would not result in the chief executive having to consider
       matters additional to those considered when the application was made.

               E. public notification if public notification was not required for the development
                  application.

       Response: The change does not require the application to be publicly notified.


Given the above, the proposed change to the existing approval is a minor change in accordance with
Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.


   4. Deciding the Request


In accordance with S81 of The Planning Act 2016, Council must only consider the information
provided and any other matter considered relevant, including — all matters Council would or may
assess against or have regard to, if the change application were a development application.
Council must only consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made. However, may give
weight they consider appropriate, in the circumstances, to—
       (a)     the statutory instrument or other document as in effect when the change application was made
               (Superseded Planning Scheme); or

       (b)     if the statutory instrument or other document is amended or replaced after the change application is
               made but before it is decided—the amended or replacement instrument or document; or

       (c)     another statutory instrument—

               (i) that comes into effect after the change application is made but before it is decided; and

               (ii) that the responsible entity would have been required to consider if the instrument had been in effect
               when the development application for the development approval was properly made.

   5. Assessment


The proposal seeks a minor setback variation to the 6m road setback. While this is technically
required the approved plans show a pergola in the proposed location meaning that Council has
already approved a structure in this location. The only difference being the proposal is a store room
and not an open structure. The proposal, as demonstrated in Figure 2 below, will be well hidden by
existing mature vegetation and given its minor nature will have little to no bearing on the streetscape.
The proposal is required to be assessed against PO9 of the Low Density Residential Zone Code
which is provided below and an assessment provided thereafter.