Minor Change Report MCU21 0165.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0165.01 & OPW21/0270
Development Approval	Development Permit for Material Change of Use - Landing and Development Permit for Operational Works – Jetty
Applicant	Paul Clout Design Pty Ltd
Request Received On	2 December 2021
Report Reviewed By	Not applicable
Decision Due Date	7 January 2022

PROPERTY DETAILS
Property Address	30 The Promontory Noosaville Qld 4566
RP Description	Lot 835 SP 102579
Land Area	756m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Acid Sulfate Soils, Flooding
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval. The change consists of the addition of a boat lifting device to the inner edges of the approved jetty.
The proposal plan is included below.

Figure 1 – Proposal Plan

Background
A development approval for a Development Permit for Material Change of Use – Landing and Development Permit for Operational Works – Jetty was approved on 1 November 2021
assessment
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.
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.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Waterways Works Code;
Assessment
The proposed boat lifting device complies with the relevant codes.
The applicant has not specified which elements of the approval (description, conditions, etc)  require amendment. It is considered that the elements below require amendment:
Decision Details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use – Landing
Development Permit for Operational Works – Jetty
Applicant’s Request
No specific request made
Assessment of Request
As the boatlifting devices complies with the code it is recommended that the Decision Details be amended to read as follows:
Council decided to issue the following type of approval:
Development Permit for Material Change of Use – Landing
Development Permit for Operational Works – Jetty and Boatlifting Device

Condition 1
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
20.001-022 S01	C3	Drawing Schedule & Transmittal prepared by Long View Consulting Engineers	22 July 2021
20.001-022 S02	C2	Structural Notes Sheet prepared by Long View Consulting Engineers	22 July 2021
20.001-022 S03	C3	Site Plan, Framing Plan, Elevations prepared by Long View Consulting Engineers	22 July 2021
20.001-022 S04	C2	Jetty Framing Details – Sheet 1 prepared by Long View Consulting Engineers	22 July 2021
20.001-022 S05	C2	Jetty Framing Details – Sheet 2 prepared by Long View Consulting Engineers	22 July 2021
Applicant’s Request
No specific request made
Assessment of Request
As the boatlifting devices complies with the code it is recommended that the approved plans table be amended to read as follows:

Plan No.	Rev.	Plan/Document Name	Date
20.001-022 S01	C3	Drawing Schedule & Transmittal prepared by Long View Consulting Engineers	22 July 2021
20.001-022 S02	C2	Structural Notes Sheet prepared by Long View Consulting Engineers	22 July 2021
20.001-022 S03	C3	Site Plan, Framing Plan, Elevations prepared by Long View Consulting Engineers as annotated by the applicant and submitted to Council 1 December 2021	22 July 2021
20.001-022 S04	C2	Jetty Framing Details – Sheet 1 prepared by Long View Consulting Engineers	22 July 2021
20.001-022 S05	C2	Jetty Framing Details – Sheet 2 prepared by Long View Consulting Engineers	22 July 2021

Condition 13
No boatlifting devices are to be attached or moored at the jetty structure for the purpose of elevating a vessel above the water without Council approval
Applicant’s Request
No specific request made
Assessment of Request
As Council are supportive of the proposed boatlifting device the condition is redundant and it is recommended for deletion.

Condition 17
The jetty is to be used for private purposes only with no commercial operations to be undertaken
Applicant’s Request
No specific request made
Assessment of Request
As Council are supportive of the proposed boatlifting device it is recommended that the condition be amended to include the boat lifting device and read as follows:
The jetty and boat lifting device are to be used for private purposes only with no commercial operations to be undertaken
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Planning
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. MCU21/0165.01 , to make a minor change to an existing approval for Development Permit for Material Change of Use – Landing and Development Permit for Operational Works – Jetty situated at 30 The Promontory Noosaville Qld 456630 The Promontory Noosaville Qld 4566  described as Lot  Lot 835 SP 102579, Council on 20 December 2021 decided to:
A.	Approve the change.
B.	Amend the Decision Details to read as follows:
Development Permit for Material Change of Use – Landing and
Development Permit for Operational Works – Jetty and Boatlifting Device
C.	Delete condition 13.
D.	Amended Condition 17 to read as follows:
The jetty and boat lifting device are to be used for private purposes only with no commercial operations to be undertaken
E.	Issues a Changed Decision Notice

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