Minor Change Report 51987 3004 01 [As Published] · 51987.3004.01

               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 the changes
                      relate to structures associated with an approved dwelling;
               •      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:
               •      Low Density Residential Zone Code;
               •      Low Density Housing Code;
               •      Landslide Hazard Overlay Code.
               The changes relate to existing approved stairs and retaining walls associated with the approved
               dwelling. The changes also require the removal of vegetation recognised in the approved
               landscaping plans.
               From a planning viewpoint, the request for minor change relates to replacing existing structures in
               their current location which were previously approved. There are no issues with regard to this.
               However, this necessitates the removal of mature vegetation. Development Assessments Senior
               Environment officer, Development Planner and Consultant Arborist conducted a site inspection to
               review the proposal in conjunction with the removal of the trees. The assessment of this application
               is centred around the removal of the vegetation given the sites prominence to Main Beach and its
               location on Noosa Hill. This assessment is as follows:
               The application is for vegetation removal around the existing dwelling to allow for the reconstruction
               of failing infrastructure (timber retaining walls and stairs).
               Vegetation to be removed consists of planted landscape vegetation, most likely from the original
               dwelling construction, as well as natural regeneration of species at the rear of the dwelling between
               the two retaining walls.
               Extensive engineering works are proposed to be undertaken at the rear of the property to replace
               retaining walls protecting the house. Due to the scope of works, vegetation within this work area
               would be difficult to retain safely, and a reasonable outcome would be to revegetate (with more
               suitable species) the areas of disturbance once works are complete. Replacement landscaping is
               considered suitable to stabilise and soften the built form. This area is less critical as it cannot be
               seen from Park Road due to it being behind the dwelling.

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Document Set ID: 22307808
Version: 5, Version Date: 13/03/2023