Original source · versioned page text
Cover Letter - Minor Change Application (OPW)
Date: 29 October 24
The Chief Executive Officer
Noosa Shire Council,
PO BOX 141
Tewantin QLD 4565
Via Email ([email protected])
Dear Sir/Madam
RE: Request for Minor Change to Development Approval and Extension to Relevant Period relating
to a Development Permit for Approval for Operational Works - Drainage Works, Earthworks,
Stormwater at 4 – 6 Hay Street and 51 Ward Street, Tewantin described as Lot 4 on RP72903,
Lot 4 on RP77225 and Lot 2 on RP72903 (Council Reference: OPW22/0218)
In accordance with section 78 and 86 of the Planning Act 2016, please find enclosed a request for a Minor
Change and Extension to Currency Period of approval (Council Reference: OPW22/0218) at the
abovementioned property.
In support of the application, please find enclosed:
+ Planning Act Form 5;
+ Revised Engineering Plans (Attachment 1)
Payment of the minor change application fee will be made upon Council issuing the relevant Tax Invoice.
Background
The subject site is located at 4 – 6 Hay Street and 51 Ward Street, Tewantin described as Lot 4 on
RP72903, Lot 4 on RP77225 and Lot 2 on RP72903.
On 17 January 2022, Council issued a Negotiated Decision Notice for a Development Permit to
Reconfigure a Lot (Boundary Realignment - 3 lots into 3 & Access Easement) (Council Reference:
RAL21/0009).
On 11 April 2022, Council issued a minor change to the development approval (Council Reference:
RAL21/0009.01). The minor change approval involved allowing the development to be carried out in two
stages, being:
• Stage One: - Boundary Realignment (2 Lots into 2 Lots) on land described as Lot 2 and Lot 4 on
RP72903, in support of the on-sale of Lot 2 on RP72903, situated at 51 Ward Street, Tewantin.
• Stage Two: - Boundary Realignment (2 Lots into 2 Lots) and the Establishment of an Access
Easement on land described as Lot 4 on RP72903 and Lot 4 on RP77225.
On 31 October 2022, Council issued a Development Permit for Approval for Operational Works –
Drainage Works, Earthworks, Stormwater relating to the reconfiguring a lot approval (OPW22/0218).
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 4 pages
Page 2
On 28 October 2024, a minor change to the reconfiguring a lot approval was made, which generally sought
to change the approval as follows:
• Change the application into a 2 into 2 lot reconfiguration with an access easement by removing 51
Ward Street from the application; and
• Remove the staging of the application.
The Proposal
Minor Change
The proposed minor change application seeks to vary the approved operational works plans to be
consistent with a change proposed to the higher order approval that changes the applications into a 2 into 2
lot reconfiguration by removing 51 Ward St from the application.
Figure 1 below illustrates the revised development layout
Figure 1 – Proposed Development Layout
Please refer to Attachment 1 – Revised Engineering Plans for further details.
Extension to Currency Period
The applicant also seeks to make a 2 year extension to the currency period of the application to allow
sufficient time to carry out the works.
Changes to Plans/Conditions of Approval
As a result of approving the proposed changes, it is requested that the following changes (identified in red)
are made to the plans/conditions of approval:
Page 3
Approved Plans
1. 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
3045-004 BA Development Layout Plan 24 August 2022
24-0608-C3 Prepared by Contour Lindsay Consulting 15 October 2024
3045-005 BA Bulk Earthworks Plan 24 August 2022
24-0608-C4 Prepared by Contour Lindsay Consulting 15 October 2024
3045-006 BA Earthworks Sections 24 August 2022
24-0608-C5 Prepared by Contour Lindsay Consulting 15 October 2024
3045-009 BA Access Driveway and Stormwater Drainage 24 August 2022
24-0608-C6 Details 15 October 2024
Prepared by Contour Lindsay Consulting
3045-010 BA Access Driveway Longitudinal Section 24 August 2022
24-0608-C7 Prepared by Contour Lindsay Consulting 15 October 2024
3045-011 BA Access Driveway Cross Sections 24 August 2022
24-0608-C8 Prepared by Contour Lindsay Consulting 15 October 2024
3045-012 BA Stormwater Drainage Longitudinal Sections 23 September
24-0608-C3 Prepared by Contour Lindsay Consulting 2022
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not substantially
started by 1 November 2024 2026, unless an application to extend the currency period is approved by
Council.
Engineering
12. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice
b. The relevant conditions of the higher order Reconfiguration of Lot approval RAL21/0009.01
to which this approval relates
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines
d. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices to be
constructed on site
Earthworks and Retaining Walls
19. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on
Earthworks for Commercial and Residential Development and be generally in accordance with the
plan titled Bulk Earthworks Plan prepared by Lindsay Consulting Contour’s Earthworks Plan (3045-
005) Revision B dated 24 August 2022.
24. Construction of all internal stormwater drainage works must comply with the relevant section/s of
Australian Standard AS/NZS 3500.3 and be generally in accordance with the plan titled Access
Driveways and Stormwater Drainage Details prepared by Lindsay Consulting Contour’s Access
Driveways and Stormwater Drainage Details Plan (3045-009) Revision B dated 24 August 2022.
Page 4
Statutory Process and Assessment Requirements
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
making minor changes to the proposed engineering work to be consistent with a higher order
application;
+ The change would not cause the approval to include prohibited development;
+ The change would not require the application to be referred to extra referral agencies;
+ 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.
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 development application was submitted under the Noosa Plan 2020 and there have been no
changes to the planning scheme that would affect the assessment of the application.
The proposal operational work remains compliant with the Noosa Plan 2020 and will not result in any
different or additional impacts.
Conclusion
The above report demonstrates that the proposal involves a minor change under the Planning Act 2016.
Overall, the proposed development will remain compliant with the requirements of the applicable codes
under the Noosa Plan 2020. Consequently, the minor change application should be supported
Page 5
Proceeding This office trusts that the information supplied comprehensively addresses all of the issues relating to the requested minor change to a development approval. Should you have any questions in relation to the proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email [email protected] sincerely, Marcus Brennan B. Urb. Reg. Plan.