Minor Change Report 51981.4258.02 [As Published]

               2.     APPLICATION BACKGROUND
               A development approval was issued in November 1981, for a 4 storey multiple dwelling of 18 units.
               This approval was modified in July 1988 following negotiations with the applicant for improvements
               to the building including alterations to car parking, inclusion of a lift, reduction in building height
               and deletion of general store, sauna, public toilets and inclusion of a manager’s office. The
               approval was further modified in June 1999 permitting an increase to the living area of an existing
               unit into the existing balcony area for a top-level unit.
               A further change to the development approval was approved on 8 December 2023 for
               refurbishments to the existing pool area and the addition of a new BBQ area, subject to some plan
               amendments.
               There is a Short Stay Letting approval on the site (Council ref. SSL22/0835), which is authorised
               by the Town Planning Consent.
               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 2017;
               •      Planning Regulation 2017; and
               •      The Noosa Plan 2020.
               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 application is required to be assessed against the planning scheme that was in place at the
               time the original development application was lodged, being the 1973 planning scheme, but
               Council may have regard to the Noosa Plan 2020.
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      High Density Residential Zone Code;
               •      Coastal Communities Local Plan Code;
               •      Dual Occupancy & Multiple Dwelling Code;
               •      Coastal Protection and Scenic Amenity Code.




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Document Set ID: 23232385
Version: 5, Version Date: 02/10/2024