Minor Change - Planning statement · MCU13/0211.02

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The applicant seeks approval to change the existing development permits to reflect the two stages and
specifically requests changes to:

OPW 15/0185.01: Operational works

Condition 1 - the applicant requests that condition 1 be changed to reflect the proposed staging as
detailed in the attached plans prepared by Callaghan and Toth (refer Attachment A).


MINOR CHANGE

Section 78 of the Planning Act 2016 describes a changes application can either be either ‘minor
changes’ or ‘other changes’. The proposed changes to the development approval constitute a minor
change as detailed below.

minor change means a change that—

(b) for a development approval—

   (i) would not result in a substantially different development –

        The proposed changes do not alter the approved development on the site.

   (ii) if a development application for the development, including the change, were made when the
        change application is made would not cause—

   (A) the inclusion of prohibited development in the application; or

        The proposed changes do not include any prohibited development.

   (B) referral to a referral agency, other than to the chief executive, if there were no referral agencies
     for the development application; or
   (C) referral to extra referral agencies, other than to the chief executive; or
   (D) a referral agency to assess the application against, or have regard to, matters
   (E) prescribed by regulation under section 55(2), other than matters the referral agency must have
     assessed the application against, or have had regard to, when the application was made; or

        There were no Concurrence Agencies applicable to the original approval. No concurrence
        agencies would be triggered by the proposal and the level of assessment has not altered.

   (F) public notification if public notification was not required for the development application.

        The original approval was code assessable and the change does change the level of
        assessment.


ASSESSING AND DECIDING A REQUEST

Section 81(2) and (3) of the Planning Act 2016 specifies what the responsible entity must consider when
assessing and deciding applications for minor changes including the following:

      (2) When assessing the change application, the responsible entity must consider—

         (a) the information the applicant included with the application; and
         (b) if the responsible entity is the assessment manager and submissions were properly made
             about the development application—the submissions; and
         (c) any pre-request response notice or response notice given in relation to the change
             application; and
         (d) all matters the responsible entity would or may assess against or have regard to, if the
             change application were a development application; and

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            (e) another matter that the responsible entity considers relevant.

      (3) For subsection (2)(d), the responsible entity—
          (a) must assess against, or have regard to, the matters that applied when the development
              application was made; and
          (b) may assess against, or have regard to, the matters that applied when the change
              application was made.

The applicable planning instruments that Council must have regard to are:
             State Planning Regulation;
             State Planning Policy; and
             The Noosa Plan.

The proposal does not change the use or scale of impacts and is consistent with the higher order State
Planning Regulations and Planning Policies.

Conclusion

The proposed change to permit staging of the approval consistent with the intent of the original
application meets the criteria for a minor change.

The Assessment Manager’s favourable consideration of the above development application is therefore
recommended.

Please contact our Noosa office if you require any further information and/or clarification with respect
to the above application.


Yours sincerely,




Nadine Gorton
Senior Planner
Martoo Consulting