MCU22 0038 01 MINOR CHANGE TO A DEVELOPMENT PERMIT [As Published]

               PLANNING AND ENVIRONMENT COMMITTEE REPORT                                          11 APRIL 2023


               2.     BACKGROUND
               On 16 September 2021, Council at its Ordinary meeting resolved to agree to a request to assess
               an application for Commercial Business Type 1 Office and Commercial Business Type 2 Medical
               on the subject site, under the Superseded Planning Scheme (Noosa Plan 2006). Subsequent to
               this decision, a development approval for a Material Change of Use – Commercial Business Type
               1 - Office and Commercial Business Type 2 - Medical was approved by Council on 18 August,
               2022.
               The above proposal was assessed as being in accordance with the provisions of the Noosa Plan
               2006 except with regard to the front setback, building height, wall length and landscape setbacks.
               Due to the design, the building was considered to contribute positively to the area and complied
               with the outcomes of the Noosa Plan 2020.
               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;
               •      Noosa Plan 206.
               The following codes from the Noosa Plan are applicable to this development:
               •      Noosaville Locality Code;
               •      Business Uses Code;
               •      Works Codes.
               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 there are no
                      visible external changes to the building form, the change does not substantially impact on
                      operations and the proposed uses have not changed;
               •      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 subject site was zoned Shire Business Centre under the 2006 Noosa Plan and was a
               consistent code assessable use in the zone.
               Under the current Noosa Plan 2020, the site is included in the Major Centre zone and the
               Showroom Precinct which details offices and health care services as impact and inconsistent uses.
               It is noted that the built form requirements of the Noosa Plan 2020 are generally consistent with
               the Noosa Plan 2006, however the Noosa Plan 2020 provides for increased height and gross floor
               area which is generally reflected in the approval.

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Document Set ID: 22314040
Version: 13, Version Date: 28/03/2023