Minor Change Report 51901 4395 04 [As Published]

               2.     BACKGROUND
               A town planning consent for a Multiple Dwelling – 3 units was approved on 23 October 1975.
               On 25 August 2004, Council granted a change to the approval to allow for the three existing
               garages to front the Belli Street frontage. The assessment of this application noted that Condition
               3 of the original approval was still relevant and needed to be complied with. A further condition was
               imposed on this approval requiring a visitor space to be located parallel to the Belli Street frontage.
               A Court Order was issued on 19 May 2006 which permitted any new fencing to be constructed
               near the front property boundary to be setback at least half a metre with the area between the
               fence and the front property boundary densely landscaped in order to screen the fencing.
               A change to the original approval was issued on 23 July 2009 to allow for the demolition of the
               three garages and replace the structures with courtyards and shade sail structures to provide
               protection to the parking spaces. The change also approved a visitor parking space and internal
               changes to the three units.


               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
               •      The Noosa Plan 2020.
               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 it will not be
                      changing the approved use or increasing the scale and intensity of the use;
               •      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 following codes from the Noosa Plan 2020 are applicable to this development:
               •      Medium Density Residential Zone Code;
               •      Noosa Heads Local Plan Code;
               •      Multiple Dwelling and Dual Occupancy Code.
               The applicant seeks to enclose an existing lower level terrace area and an upper level deck of unit
               1. The proposal includes an increase in gross floor area of 10.2m2 on the ground level and 2.4m2
               on the upper level. The proposed changes will result in a total site cover of 27.64% and plot ratio
               of 0.39:1, which comply with the site cover and population density requirements of the Planning
               Scheme in force at the time of the original approval. The proposal also complies with site cover
               and plot ratio requirements of the Medium Density Residential Zone Code of the Noosa Plan 2020.

                                                                                                         Page 5 of 7

Document Set ID: 22546835
Version: 6, Version Date: 30/08/2023