Minor Change Report - 51901 3746 02 (As Published) · 51901.3746.02

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               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




                                                      Figure 2 – Site Plan

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                                                       Figure 3 – Floor Plan




                                                        Figure 4 – Section

               2.     BACKGROUND
               A town planning consent for 4 flats was approved on 27 April 1973 and was subject to 8 standard
               conditions. At the time Council were the only certifiers permitted to issue BA’s, no private
               certification existed until 1998. Therefore, all building works are lawful with a Form 29 compliance
               certificate and the Building Approval provided as part of the application material.
               At that time, the standard process was for any development requiring building approval to be
               referred internally from the Building Department to Council’s Development Assessment planners
               for review against the applicable planning controls. On this basis, it is reasonable to assume that
               the DA planners had no concerns with the proposal and determined that no further formal
               development approval process was required, as it complied with the Town Plan.
               On 24 March 1984 Noosa Shire Council issued a Building Approval (186/84 ) for the amalgamation
               of Units 3 and 4 resulting in Lot 3 on SP241928.
               On 19 September 2013 Council issued a generally in accordance approval (51901.3746.01 - TPC
               293) for a proposed roof and pergola for unit 1.


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               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
               •      Noosa Plan 2020 (Amendment 3 - 20 March 2026).
               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 as the proposal does
                      not:
                      o     involve a new use; or
                      o     change the ability of the proposed development to operate as intended; or
                      o     impact on infrastructure provisions.
               •      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 original application was lodged and assessed under the now superseded 1973 planning
               scheme. Pursuant to s81 of the Planning Act 2017, Council must consider the planning scheme in
               effect when the original development application was lodged, however Council may give weight to
               Noosa Plan 2020 as the planning scheme in effect at the time of the minor change application
               being lodged.
               The following codes from Noosa Plan 2020 are applicable to this development:
               •      Low Density Residential Zone Code;
               •      Noosa Heads Local Plan Code;
               •      Dual Occupancy and Multiple Dwelling Code;
               •      Works Codes;
               The requested minor change seeks to formally recognise the historical amalgamation of approved
               Units 3 and 4, which has resulted in the existing three-unit configuration on the site. The
               amalgamation was authorised by Building Approval 186/84 issued by Noosa Shire Council in 1984,
               and the development has operated in this configuration for approximately 42 years without any
               identified adverse amenity, visual, traffic or infrastructure impacts.
               The original town planning consent approved four flats under the planning controls in force at the
               time. The subsequent amalgamation reduced the total number of units from four to three and did
               not introduce a new use, increase the intensity of the approved development, or alter the approved
               residential function of the premises.
               The 1984 Building Approval was issued by Noosa Shire Council at a time when Council was
               responsible for building certification. It is understood that building applications were referred
               internally for planning review where required. The issue of the Building Approval therefore supports
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               the conclusion that Council was satisfied the works were acceptable having regard to the
               applicable planning controls at that time.
               The change also maintains compliance with relevant car parking requirements. Under the 1973
               Noosa Town Plan, one covered parking space was required for each flat or home unit, with one
               additional visitor space per four flats or home units. For the amalgamated three-unit development,
               four spaces were required and six spaces are provided on site.
               No further building work to Unit 3 is proposed as part of this application, and there is no evidence
               of additional gross floor area, site cover or setback changes having occurred since the 1984
               approval. The minor change is therefore limited to recognising the existing lawful built form and
               unit configuration.
               For completeness, the existing development also satisfies the current Noosa Plan 2020 car parking
               requirements, with five spaces required and six spaces provided. The change is therefore not
               expected to create any additional parking demand or traffic impacts.
               Having regard to the above, the proposed change is consistent with the intent of the original
               approval, does not result in substantially different development, does not involve prohibited
               development, and does not trigger additional referral or assessment requirements. The request is
               therefore appropriately characterised as a minor change under the Planning Act 2016.
               Additional Condition
               The applicant has requested that an additional condition to reflect the approved plans and that the
               current Lot and Plan descriptions be referenced in the decision notice for this minor change.
               Assessment of Request
               It is agreed that
               Recommendation
               It is recommended that an additional condition referencing the approved plans be included as
               follows:
                      Approved Plans
               10.    Development authorised by this approval must be undertaken generally in accordance
                      with the Approved Plans listed in the table below.

                         Plan No.          Rev.    Plan/Document Name                             Date

                         710 WD1              -    Upper Ground Floor Plan and First Floor 03/1984
                                                   Plan / Proposed prepared by Atelier Two
                                                   Designs Pty Ltd

                         710 WD2              -    Section prepared by Atelier Two Designs 03/1984
                                                   Pty Ltd


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               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.

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               The report is provided in accordance with Section 83(9) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. 51901.3746.02 to make a minor change to an existing approval for
               4 Flats situated at Allunga Mia 3/5 Natasha Avenue, Noosa Heads Qld 4567 and described as Lot
               3 on SP241928, Council on 6 August 2026 decided to:
               A.     Approve the change.
               B.     Add Condition 10 as follows:
                      Approved Plans
               10.    Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                         Plan No.           Rev.     Plan/Document Name                        Date

                         710 WD1             -       Upper Ground Floor Plan and First Floor 03/1984
                                                     Plan / Proposed prepared by Atelier Two
                                                     Designs Pty Ltd

                         710 WD2             -       Section prepared by Atelier Two Designs 03/1984
                                                     Pty Ltd




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Document Set ID: 25023939
Version: 4, Version Date: 06/08/2026