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

               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               The original application was lodged and assessed under the now superseded 1973 planning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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Document Set ID: 25023939
Version: 4, Version Date: 06/08/2026