Cover Letter.pdf

                                                                              	
  

 3. STATUTORY PROCESS:

This request is considered to constitute a minor change in accordance with
Section 81 of the Planning Act 2016.

Schedule 2 of the Planning Act 2016 defines a minor change as follows:
A minor change, for a development approval, is a change to the approval
that —
i. would not result in a substantially different development; and

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
    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 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
    E. public notification if public notification was not required for the
         development application.	
  

In response to the above, it is submitted that the proposed change to
Condition 4 to allow for a maximum building height of 8.9m, would not:
    • result in substantially different development;
    • include prohibited development;
    • require the application to be referred to any referral agencies; and
    • cause the need for public notification as the original application was
       impact assessable.

Further to the above, Schedule 1 of the DA Rules state:

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.

A change may be considered to result in a substantially different
development if the proposed change:
(a) involves a new use; or
(b) results in the application applying to a new parcel of land; or
(c) dramatically changes the built form in terms of scale, bulk and
appearance; or
(d) changes the ability of the proposed development to operate as
intended; or
(e) removes a component that is integral to the operation of the
development; or


[OCR of page images]
Noosa Town Planning

3. STATUTORY PROCESS:

This request is considered to constitute a minor change in accordance with
Section 81 of the Planning Act 2016.

Schedule 2 of the Planning Act 2016 defines a minor change as follows:

A minor change, for a development approval, is a change to the approval
that —

i. would not result in a substantially different development; and

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

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. areferral agency to assess the application against, or have regard to,
matters 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

E. public notification if public notification was not required for the
development application.

In response to the above, it is submitted that the proposed change to
Condition 4 to allow for a maximum building height of 8.9m, would not:
¢ result in substantially different development;
¢ include prohibited development;
* require the application to be referred to any referral agencies; and
* cause the need for public notification as the original application was
impact assessable.

Further to the above, Schedule 1 of the DA Rules state:

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.

A change may be considered to result in a substantially different
development if the proposed change:

(a) involves a new use; or

(b) results in the application applying to a new parcel of land; or
(c) dramatically changes the built form in terms of scale, bulk and
appearance; or

(d) changes the ability of the proposed development to operate as
intended; or

(e) removes a component that is integral to the operation of the
development; or