Minor Change Request report elm st - july 24

Page 2

Minor Change Test

An assessment against the meaning of minor change and a response about the proposed
application is provide below. The Planning Act 2016 defines a minor change as a change to the
approval that:

i. would not result in a substantially different development*;
      (*In determining whether the proposed change would result in substantially different
      development, the assessment manager or referral agency must consider the individual
      circumstances of the development, in the context of the change proposed.)

Schedule 1 of the Development Assessment Rules set outs provisions for a substantially different
development. A change may be considered to result in a substantially different development if the
proposed change results in any of the following outlined in Table 1 below.

Table 1 - Substantially different development

 Provisions of Schedule 1 of the DA Rules          Response
    (a) Involves a new use                         There is no new use proposed onsite
      (b) results in the application applying to   No new parcel of land is introduced
          a new parcel of land; or
      (c) dramatically changes the built form in   No changes
          terms of scale, bulk and appearance;
          or
      (d) changes the ability of the proposed      No change to the use approved.
          development to operate as intended;
          or
      (e) removes a component that is integral     No essential component of the
          to the operation of the development;     development is proposed to be
          or                                       removed.
      (f) significantly impacts on traffic flow    The proposal does not trigger any
          and the transport network, such as       additional traffic or car parking to that
          increasing traffic to the site; or       originally approved.
      (g) introduces new impacts or increase       No new impacts or the severity of
          the severity of known impacts; or        impacts is likely to result from the plan
                                                   modifications.
      (h) removes an incentive or offset           Does not remove an offset or
          component that would have balanced       incentive     components        of    the
          a negative impact of the                 development.
          development; or
      (i) impacts on infrastructure provisions.    There is no additional impacts on
                                                   infrastructure.

Given the above, the proposed change to the existing approval is a minor change in accordance
with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.

Page 3

Deciding the Request

In accordance with S81 of The Planning Act 2016, Council must only consider the information
provided and any other matter considered relevant, including — all matters Council would or may
assess against or have regard to, if the change application were a development application.

Council must only consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made. However, may give
weight they consider appropriate, in the circumstances, to—

(a)   the statutory instrument or other document as in effect when the change application was
      made (Superseded Planning Scheme); or
(b)   if the statutory instrument or other document is amended or replaced after the change
      application is made but before it is decided—the amended or replacement instrument or
      document; or
(c)   another statutory instrument—
      (i) that comes into effect after the change application is made but before it is decided; and
      (ii) that the responsible entity would have been required to consider if the instrument had
      been in effect when the development application for the development approval was properly
      made.

Therefore in accordance with the above the proposal is assessed against the conditions of
approval, the Superseded Planning Scheme (NP 2006) and the Noosa Plan 2020. The proposal
complies with all these instruments and approval and is discussed below.

Assessment

Discussions were had with the assessing officer on the 30 May 2024.

      “the intent of the original condition was to cover the footpath along Pearl. Confirmation was
      sought with Strat through the latest minor change application though that we would be ok with
      an awning not being provided within the road reserve in this location (due to it being on the
      periphery of town, with limited foot track), so there is potential to alter/remove that condition”.
      Noosa Council Planner.

Furthermore, the original Minor Change report did acknowledge that only 10 carparking spaces +
4 motor scooter spaces were required (as shown on the approved plans). This is largely an
administrative update.

Page 4

 Changes to Conditions

 As a result of the proposed changes the following conditions require changing:

14. Street awnings must be provided along the full length of the Elm Street and Pearl Street
property frontages, as shown on the Approved Plans. The awnings must:

       a. be cantilevered over the road reserve to a maximum height of 3m, with any posts to be
          timber and non-structural;
       b. have a minimum width of 2 metres from the building line along Elm Street and must not
          extend further into the road reserve than the location of the existing public footpath
          located within the road reserve;
       c. fully cover any proposed public footpath within the road reserve along Pearl Street;
       d. be designed and constructed to allow for the unencumbered growth of street trees; and
       e. be designed to provide continuous solar and rain protection and promote all weather
          activity.

27. In addition to the proposed on-street car parking spaces, a minimum of 11 10 car parking and 4
motorcycle parking spaces must be provided and marked on-site, and made available and
accessible at all times while the use is open for business. The works must be undertaken generally
in accordance with the approved plans and in compliance with an Operational Works approval and
must include in particular:

       a. One (1) disabled parking space/s within the total
       b. Pedestrian routes/connections between the parking area and the shops at the rear.
       c. Provision of vandal resistant public lighting with intensities to satisfy the requirements
          of Australian Standard AS1158: Public Lighting Code
       d. Dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
          Parking Facilities.
       e. Details of all required line marking and parking and traffic signs.


 If you have any further queries in relation to the above, please do not hesitate to contact myself.



 Regards,




 Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA
 Planner/Director
 Pivotal Perspective Pty Ltd
 0406 334 227