Minor Change Report RAL22 0016 01 [As Published]

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               We seek to make change representations to condition 28 of OPW22/0180 as shown below -
               amending the standard from Level 1 to Level 2. SCG Consulting Engineers describes that ‘because
               the building is supported on screw piers, Level 1 certification of filling & compaction isn’t needed.
               It is requested this be amended to a Level 2 certification.
               There are no changes to the approved plans.
               2.     BACKGROUND
               A development approval for Reconfiguring a Lot - Subdivision by Community Title and Operational
               Works – Drainage Work, Stormwater, Earthworks & Landscaping, was approved on 3 February
               2023.
               The applicant made change representations against the development permit however the
               application exceeded the legislative timeframes under the Planning Act 2016, therefore a
               negotiated decision could not be issued as it would result in an invalid approval. The immediate
               application is consequence of the timeframe exceedance.
               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
                      does not alter from the approved plans, the change refers to building certification;
               •      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;
               •      Reconfiguring a Lot Code;
               •      Works Codes;
               •      Landslide Hazard Overlay Code.
               The subject site is located in Noosa Heads and is zoned Medium Density Residential. The
               proposed use is identified as a consistent use within the zone and is required to follow a code
               assessable application process.
               The application has been found to generally comply with all applicable statutory instruments.

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Document Set ID: 22382730
Version: 6, Version Date: 05/05/2023

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               Condition 28 - Earthworks and Retaining Walls
               28.    All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development, with geotechnical testing
                      undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
                      defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
                      uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing
                      the Plan of Survey.
               Applicant’s Request
               We seek to make change representations to condition 28 of OPW22/0180 as shown below -
               amending the standard from Level 1 to Level 2. SCG Consulting Engineers describes that ‘because
               the building is supported on screw piers, Level 1 certification of filling & compaction isn’t needed.
               It is requested this be amended to a Level 2 certification.
               Assessment of Request
               The need for Level 1 or Level 2 testing is predominately determined by the nature of the project,
               construction materials and methodology. In this instance, the request for Level 2 certification is
               appropriate as the development is of a small, residential-scale nature, with minimal fill and
               compaction and the use of screw piers for the foundations of the proposed residence. Engineering
               believe Level 2 certification, as opposed to Level 1, will not compromise the compliance, safety
               and functionality of the development and recommends the request change be approved.


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •      Development Engineer – as conditioned.
               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. RAL22/0016.01 & OPW22/0180.01, to make a minor change to an
               existing approval for Reconfiguring a Lot & Operational Works situated at 6 Wyandra St Noosa
               Heads Qld 4567, described as Lot 40 RP 139776, Council on 24 April 2023 decided to:
               A.     Approve the change.
               B.     Amend conditions 28 to read as follows:
                      Earthworks and Retaining Walls
               29.    All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development, with geotechnical testing
                      undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as
                      defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
                      uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing
                      the Plan of Survey.




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Document Set ID: 22382730
Version: 6, Version Date: 05/05/2023