Minor Change Report 132004 4552 02 (As Published) · 132004.4552.02

               The Appellant proposed some changes to the design of the extended areas (removing the
               ground floor extension to the street frontage) but the proposal was not acceptable to Council
               officers given the duplex as constructed already exceeds plot ratio requirements under the 1985
               scheme and the current scheme.

               Following the mediation, the parties exchanged without prejudice correspondence regarding a
               potential settlement. The Appellant proposed alternate design changes that would result in a plot
               ratio of 0.45:1, by removing the proposed enclosure of the deck area in the middle of the unit.
               The Appellant also proposed other adjustments to design treatments and landscaping to address
               Council’s concerns about the appearance of the extended areas at the front of the property.

               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
               •      Noosa Plan 2020 (20 March 2026).
               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 original application was lodged and assessed under the now superseded 1990 Planning
               Scheme. Pursuant to s81 of the Planning Act 2017, Council must consider the planning scheme
               in effect when the original development application was lodged, however Council may give
               weight to Noosa Plan 2020 as the planning scheme in effect at the time of the minor change
               application.

               The following codes from Noosa Plan 2020 are applicable to this development:

               • Medium Density Residential Zone Code;
               • Coastal Communities Local Plan Code;
               • Landslide Hazard Overlay Code.
               • Dual Occupancy and Multiple Dwelling Code;
               • Works Codes;

               At the time of the original approval the subject site was zoned Residential Low Density and was
               not within any precinct under the Shire of Noosa Strategic Plan (5 September 1997).

                                                                                                     Page 8 of 11

Document Set ID: 24826529
Version: 3, Version Date: 01/06/2026