3. Final-Letter-170418-BA4090-Permissible Change · MCU16/0084

In discussions with Council’s Stormwater Engineer throughout the operational works process it was
confirmed that conditions 26 and 27 conflict with the approved Stormwater360 system. The conflict
arose because conditions 26 and 27 relate to State Planning Policy (SPP) objectives. It is our
understanding that Noosa Shire Council does not endorse Stormwater360 systems in the local
government area because, they cannot guarantee that the stormwater treatment system will achieve
the water quality objectives of the SPP. However, as the development site is less than 2,500m 2 (site
area: 2,428m2) the development does not require assessment against the SPP and therefore is not
required to be conditioned in this regard.
Noosa Shire Council have their own stormwater quality objectives, which prompt the need for the
Stormwater360 system in this circumstance. Therefore, Council recommended that conditions 26 and
27 be deleted to be removed the conflict. The conditions state:
        26 - A stormwater quality treatment system must be provided for the development to achieve
        pollutant reduction targets of 90% reduction in gross pollutants, 80% reduction in Total
        Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen.
        27 - The Operational Works application must be supported by a MUSIC model that includes
        water quality treatment nodes endorsed by Stormwater Australia or their delegate to meet the
        Stormwater Quality Improvement Devices Evaluation Protocol. Evidence of the endorsement
        of the product must be provided with the Application for Operational Works.
We note that the proposal has not altered the approved built form and scale. There are no physical
changes proposed, merely an administrative change to reflect the Stormwater Management Plan.



Section 367 of SPA, outlines what criteria are applicable in determining if a change to a development
application is a Permissible Change to a development approval. Each of the proposed changes as
outlined above have been assessed against these criteria, as follows:
        367     What is a permissible change for a development approval
        (1)     A permissible change, for a development approval, is a change to the approval that
                would not, because of the change –
                (a)     Result in a substantially different development;
Response:
In respect to section 367(1)(a) of SPA, which determines what constitutes a substantially different
development, it is appropriate to have regard to the guidelines made by the Chief Executive under
Section 760 of the SPA (Statutory Guideline 06/09), as follows:
        "Although it will depend on the individual circumstances of the development, the following list
        identifies changes that may result in a substantially different development and would,
        therefore, not be a minor change or permissible change under the SPA. This list is intended as
        a guide to assist assessment managers and applicants to determine whether a change will
        result in a substantially different development and is not intended to be exhaustive.”



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