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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

Page 7

     APPENDICES




JFP Ref: M2843P   Page 7


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JFP Ref: M2843P Page 7

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