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

               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               property owner has previously submitted 2 other applications that have been withdrawn after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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Document Set ID: 22476527
Version: 3, Version Date: 29/06/2023