Minor Change Report OPW22 0273 01 [As Published] · OPW22/0273.01

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               2.     BACKGROUND
               A development approval for Operational Works - Vehicle Crossover was approved on 13 March
               2023.
               The subject works have a lengthy history as the crossover was constructed without approval. The
               property owner has previously submitted 2 other applications that have been withdrawn after
               exhausting time frames and prior to a decision being made (OPW20/0172 and OPW21/0219).
               Council’s concerns with the constructed crossover are due to the blockage of overland flowpaths
               in the verge area. The blockage has the potential to pond water on the road reserve which may
               impact on the road formation but of greater concern is the potential for the ponded water to drain
               into the basement level of the adjoining residence.
               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;
               •    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:
               •    Driveway and Carparking Code;

               Assessment Comments
               The subject application (OPW22/0273) includes a condition for the rectification works to be
               carried out within 3 months of the date of the decision. The 3 month time frame was included to
               address concerns with the constructed crossover due to the blockage of overland flowpaths in
               the verge area. The time frame required the works to be undertaken prior to the commencement
               of the next “wet season” usually Nov/Dec, noting that storms due occur as early as October.

               The applicant is requesting that the 3 month time frame be extended for a further 5 months
               because he is unwell and has not been able to undertake the works. The application includes a
               medical certificate that supports the applicant’s reasons.




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               Council’s considers that extending the works for a further 5 months will be too close to the
               upcoming “wet season” and while willing to support an extension, the extension is to be for 4
               months. In order to provide clarity the changed condition will include a date – 13 October 2023



               Condition 3
               The works required by the permit must be completed and accepted by Council within 3 months of
               the date of this decision.
               Until the works have been completed and accepted by Council the following property notation or
               similar will be placed on Council’s rates records for the subject property:
               The vehicle access to the property does not comply with Council's Local Laws and requires
               upgrading.
               Applicant’s Request
               The applicant is requesting that the 3 month time frame be extended for a further 5 months.
               Assessment of Request
               Council’s considers that extending the works for a further 5 months will be too close to the
               upcoming “wet season” and while willing to support an extension, the extension is to be for 4
               months. In order to provide clarity for the timeframe the changed condition will include a date –
               13 October 2023.

               It is recommended that the Condition 3 be amended to read as follows:

               The works required by the permit must be completed and accepted by Council by the 13 October
               2023.
               Until the works have been completed and accepted by Council the following property notation or
               similar will be placed on Council’s rates records for the subject property:
               The vehicle access to the property does not comply with Council's Local Laws and requires
               upgrading.


               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:
               •    Planning Manager
               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. OPW22/0273.01, to make a minor change to an existing approval
               for Operational Works - Vehicle Crossover situated at 12 Grosvenor Tce Noosa Heads Qld 4567
               described as Lot 19 SP 188268, Council on 29 June 2023 decided to:
               A.     Approve the change.


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               B.     Amend condition 3 to read as follows:
               The works required by the permit must be completed and accepted by Council by the 13 October
               2023.
               Until the works have been completed and accepted by Council the following property notation or
               similar will be placed on Council’s rates records for the subject property:
               The vehicle access to the property does not comply with Council's Local Laws and requires
               upgrading.




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Document Set ID: 22476527
Version: 3, Version Date: 29/06/2023