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Cover Letter & Report
BRISBANE | SUNSHINE COAST | CENTRAL QLD KON‐TIKI BUSINESS CENTRE TOWER 1, LEVEL 2, SUITE T1.209, 55 PLAZA PARADE, MAROOCHYDORE QLD 4558 JFP URBAN CONSULTANTS PTY LTD ABN 79 050 414 045 18 February 2022 Job Ref: M2843P Noosa Council By Email: <[email protected]> Att: Kerri Coyle – Manager, Development Assessment Re: Change Application (‘Minor Change’) – Development Approval for Reconfiguring a Lot (Boundary Realignment – 4 Lots into 4 Lots) over land situated at 66, 82 & 98 Coveys Road and 39 Tinbeerwah Road, Tinbeerwah and described as Lots 2, 4 & 5 on RP172460 & Lot 7 on RP895754 ‐ Council Ref: RAL19/0037 Dear Kerri, On behalf of our client, K. J. Shaw Pty. Ltd., we hereby request a Change to Development Approval (“minor change”) under section 78 of the Planning Act 2016 (PA2016) in relation to the above development approval granted by Council on 9 April, 2020 by Decision Notice (ref: RAL19/0037). This correspondence provides details of the background and a description of the proposed changes to the approved drawings and conditions. It includes an assessment of the proposed changes against the relevant requirements of PA2016 and the Development Assessment Rules including an assessment that the proposed change represents a minor change and does not constitute “substantially different development”. 1.0 BACKGROUND The original decision notice of approval issued on 9 April, 2020 for Reconfiguring a Lot (Boundary Realignment – 4 Lot into 4 Lots) was approved subject to Council’s annotation of the Proposed Realignment of Boundary plans prepared by Hass Survey. The conditions of approval included a couple of conditions that relate to the future siting of dwellings, outbuildings and effluent disposal, including: 4. All future dwellings, outbuildings, effluent disposal and the like on the approved lots must be sited and constructed in accordance with the approved building envelopes shown on the Approved Plans. A copy of the approved plans must be included in the contract of sale for the approved lots, together with a clause which requires future dwellings, outbuildings, effluent disposal and the like to be constructed in accordance with it. 5. The applicant must prepare a metes and bounds building envelopes plan indicating House site areas and effluent disposal areas, including outbuildings and the like for the proposed lots. The areas must be in accordance with the approved plans Proposed Realignment of Boundaries (Sheets 1 ‐ 2) and numbered H19029K1, H19029K2 and H19029K3 and prepared by Hass Survey and dated 24.2.2020 and as annotated by Council. The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 JFP Ref: M2843P
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coordinates. The applicant must submit the plans to Council for approval prior to the endorsement of the Plan
of Survey.
The annotated plan approved by Council has since been refined as part of the final Survey Plan to ensure more
regular shaped allotments for Lots 8 & 9. The Survey Plan is currently with Council’s Plan Sealing Department for
endorsement. Minor amendments to the Building Envelopes for these allotments have been revised to align with the
minor refinement of lot boundaries. The proposal plans have also dimensioned the Building Envelopes and Effluent
Disposal Areas in metres which is in a suitable format for disclosure to future purchasers.
As a result of the amendments to the Building Envelopes, the Bushfire Hazard Assessment and Management Plan
has been updated to ensure consistency. There are no changes to the findings or recommendations due to the minor
nature of the amendments to the proposal plans. The report has updated the building envelopes within the relevant
figures and has enclosed the latest proposal plans.
2.0 DESCRIPTION OF PROPOSED CHANGES
The proposal involves minor amendments to the proposal plans to include fully dimensioned Building Envelope and
Effluent Disposal Area for Lots 8, 9 & 12 with the Bushfire Hazard Assessment and Management Plan amended to
ensure consistency. As a result, we request amendments to Conditions 2, 5, 19 & 20.
Condition 2
We request that condition 2 is updated to reflect the minor amendments to the proposal plans which have been
updated to include:
Fully dimensioned Building Envelope and Effluent Disposal Area for proposed Lots 8, 9 & 12 generally in
accordance with Council’s original annotated plans and condition 5. A digital copy of the dwg file linework which
has dimensioned the Building Envelopes and Effluent Disposal areas in metes and bounds is enclosed for
Council’s records.
Minor update to the Bushfire Hazard Assessment and Management Plan to ensure consistency with the revised
Proposal Plan and amended Building Envelopes including update to figures and inclusion of the latest proposal
plan. The findings and recommendations of the report have not changed. The report has been updated to ensure
certainty and consistency, particularly having regard to the requirement for Bushfire certification in condition
21.
Please refer to minor amendments to the proposal plan in Appendix A and Bushfire Hazard Assessment and
Management Plan V2 (which has been updated to include the revised proposal plan) within Appendix B.
Condition 5
We request condition 5 is updated to be consistent with the amended proposal plans references accordingly. A dwg
CAD drawing file of the Building Envelopes and Effluent Disposal areas in metes and bounds linework and PDF has
been attached with this application.
JFP Ref: M2843P Page 2
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Conditions 19 & 20
Conditions 19 & 20 state version 1 of the Bushfire Hazard Assessment and Management Plan. Therefore, the
conditions will be required to be updated to V2.
2.1 Changes to Conditions
The following conditions will require updating/amending (please note, requested additions to conditions are notated
in bold text and deletions notated by way of strikethrough):
Condition 2
Request: It is requested that condition 2 Plans/ Documents of Approval list is updated to reflect the minor changes
to the proposal plans and Bushfire Hazard Assessment and Management Plan. It is requested that condition 2 is
updated as follows: ‐
Approved Plans
2. 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
H19029K1 ‐‐ Proposed Realignment of Boundaries (Sheet 1 of 3), 24.2.2020
M2843‐01 B prepared by Hass Survey 24.11.2021
As annotated by Council
Proposal Plan Sheet 1 of 2, prepared by JFP Urban
Consultants Pty Ltd
H19029K2 ‐‐ Proposed Realignment of Boundaries (Sheet 2 of 3), 24.2.2020
M2843‐01 B prepared by Hass Survey 24.11.2021
As annotated by Council
Proposal Plan Sheet 2 of 2, prepared by JFP Urban
Consultants Pty Ltd
J000545 V1 Bushfire Hazard Assessment And Management Plan prepared 25/02/2020
V2 by North Coast Environmental Services 14.01.2022
Condition 5
Request: It is requested that condition 5 is updated with the amended proposal plan (Sheets 1 & 2) references, as
follows:
5. The applicant must prepare a metes and bounds building envelopes plan indicating House site areas and
effluent disposal areas, including outbuildings and the like for the proposed lots. The areas must be in
accordance with Plan Number M2843‐01 (Sheets 1 and 2) prepared by JFP Urban Consultants Pty Ltd and
dated 24.11.2021. the approved plans Proposed Realignment of Boundaries (Sheets 1 ‐ 2) and numbered
H19029K1, H19029K2 and H19029K3 and prepared by Hass Survey and dated 24.2.2020 and as annotated
by Council. The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56
JFP Ref: M2843P Page 3
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coordinates. The applicant must submit the plans to Council for approval prior to the endorsement of the
Plan of Survey.
Conditions 19 & 20
Request: It is requested that conditions 19 & 20 are updated as follows: ‐
19. The development must be carried out in accordance with section 6 of the Bushfire Hazard Assessment and
Management Plan V1 V2 listed within this Decision Notice. *(Refer to Advisory Note)
20. A copy of the Bushfire Hazard Assessment and Management Plan V1 V2 report listed within this Decision Notice
must be provided to the nearest fire authority.
3.0 ASSESSMENT AGAINST PROVISIONS OF PLANNING ACT 2016
Further to the provisions of s78 (1) of the PA2016, and in accordance with Schedule 2 of the PA2016, it is recognised
that a “minor change” is defined as follows: ‐
minor change means a change that—
(b) for a development approval—
(i) would not result in 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.
With regard to the above, we can confirm that the proposed changes constitute a “minor change”. In this regard,
the following comments are provided:
The proposed changes will not result in a substantially different development (refer Section 3.1 below for
further discussion).
If the application for the proposal were remade including the change, it would not:
o Facilitate the introduction of prohibited forms of development;
o Require referral to additional referral agencies.
o Vary the level of assessment.
On the basis of the above, we consider that this application meets the definition of a minor change.
JFP Ref: M2843P Page 4
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3.1 Assessment of Substantially Different Development
Schedule 1: Substantially different development of the Development Assessment Rules (Version 1.3 dated 11
September 2020) provides guidance on determining if a proposed change to a development approval results in a
substantially different development.
Although it depends on the individual circumstances of the development, the Development Assessment Rules
provides a list of changes that may result in substantially different development. These criteria are provided below,
along with an assessment of how the proposal meets each requirement.
1. The proposed changes do not involve a new use.
Comment: There are no new uses proposed that would create different or additional impacts.
2. The proposed changes do not result in the application applying to a new parcel of land.
Comment: The proposed minor change applies to the same parcels of land as the current development
approval.
3. The proposed changes do not dramatically change the built form in terms of scale, bulk and appearance.
Comment: The changes to the proposed reconfiguration plan are minor and do not involve a dramatic
change to built form.
4. The proposed changes do not change the ability of the proposal to operate as intended.
Comment: The proposed changes will not affect the ability of the proposal to operate as intended i.e. for
rural lifestyle lots.
5. The proposed changes do not remove a component that is integral to the operation of the development.
Comment: The proposed changes do not seek to remove any components that are integral to the operation
of the development.
6. The proposed changes do not significantly impact on traffic flow and the transport network, such as
increasing traffic to the site.
Comment: As demonstrated in the response to point 1. above, the proposed changes are not anticipated as
generating impacts on traffic flow or the existing road network beyond what was already anticipated under
the existing development approval.
JFP Ref: M2843P Page 5
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7. The proposed changes do not introduce new impacts or increase the severity of known impacts.
Comment: The proposed changes do not introduce any new impacts or increase any known impacts in
relation to environmental values or bushfire hazard beyond that which was already anticipated and
addressed under the existing development approval.
8. The proposed changes do not remove an incentive or offset component that would have balanced a negative
impact of the development.
Comment: The proposed changes do not remove any incentive or offset component that was considered
under the existing development approval.
9. The proposed changes do not impact on infrastructure provision, location or demand.
Comment: As demonstrated in the response to point 1. above, the proposed changes are not anticipated as
having any increased demand on infrastructure as provisioned in the existing approval.
4.0 CONCLUSION
The proposed changes are considered to meet the test of “minor change” under the Planning Act 2016 and will not
result in substantially different development to the existing approval.
We look forward to Council’s approval of the minor change application. Should you require any further information,
please contact our office on (07) 5450 3900.
Encl:
Appendix A – Amended Proposal Plan Sheet 1 of 2 and Sheet 2 of 2, dated 24 November, 2021 prepared by JFP Urban Consultants
Pty Ltd
Appendix B – Amended Bushfire Hazard Assessment and Management Plan Prepared by North Coast Environmental Services, V2
dated 14 January, 2022
A digital copy of the dwg and pdf file of linework which has dimensioned the Building Envelopes and Effluent Disposal Areas in
metes and bounds
cc: K. J. Shaw Pty. Ltd.
JFP Ref: M2843P Page 6
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APPENDICES JFP Ref: M2843P Page 7 [OCR of page images] zest | apy ARIANA URBANCONSULTANTS APPENDICES JFP Ref: M2843P Page 7