Minor Change Request report elm st - july 24

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      made (Superseded Planning Scheme); or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approval, the Superseded Planning Scheme (NP 2006) and the Noosa Plan 2020.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.