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Minor Change Application
DANYA COOK TOWN PLANNING
M: 0422 051 263 E: [email protected]
ABN: 65 945 966 479 | DANYA ELIZABETH COOK
14 March 2022
The Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
Correspondence Sent Via Email: [email protected]
Attention: Lisa Pienaar
Dear Lisa,
MINOR CHANGE APPLICATION
Property Description: Lot 4 on RP72903, Lot 4 on RP77225 and Lot 2 on RP72903
Property Address: 4 – 6 Hay Street and 51 Ward Street, Tewantin QLD 4565
Development Approval: Application for a Development Permit for Reconfiguration of Lots by Boundary
Realignment (3 Lots into 3 Lots) and the Establishment of an Access Easement
Local Government: Noosa Council
Council’s Reference No.: RAL21/0009
DC Town Planning Reference No.: 2021-14
On Behalf Of: Kathy Gould and Bob and Marina Gould
1.0 PREAMBLE
In relation to the abovementioned Development Approval originally granted by Noosa Council on 24 November 2021, on
behalf of the applicants, Kathy Gould and Bob and Marina Gould, I hereby make a change application pursuant to Section 78
of the Planning Act 2016.
In support of this request, please find attached the following documentation to facilitate Council’s assessment:
• DA Form 5 - Change Application Form.
• Plan of Development, Plan of Proposed Reconfiguration of Lots.
Payment of Council’s prescribed assessment fee for an application of this nature will be settled electronically upon receipt
of Council’s invoice.
2.0 PROPOSED CHANGES
The intent of the Minor Change seeks to enable the Reconfiguration of Lots to be developed over two (2) stages, as follows:
• Stage One: - Development Permit for Reconfiguration of Lots by Boundary Realignment (2 Lots into 2 Lots) on land
described as Lot 2 and Lot 4 on RP72903, in support of the on-sale of Lot 2 on RP72903, situated at 51 Ward Street,
Tewantin QLD 4565.
• Stage Two: - Development Permit for Reconfiguration of Lots by Boundary Realignment (2 Lots into 2 Lots) and the
Establishment of an Access Easement on land described as Lot 4 on RP72903 and Lot 4 on RP77225.
3.0 CHANGES TO APPROVAL DESCRIPTION
• Development Permit for Reconfiguring a Lots - Boundary Realignment
Changes to the approval description is not required.
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Minor Change Application March 2022
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DANYA COOK TOWN PLANNING
4.0 CHANGES TO CONDITIONS
Following a detailed review of Development Approval RAL21/0009, it is determined that changes to the following Conditions
are required: -
• Condition 2.
• Condition 7.
Condition 2, Required Change
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
2021-14 C Plan of Development, prepared by Danya Cook Town Planning 14/03/2022
Condition 7, Required Change
Dwelling Removal
7. The dwelling and shed must be removed prior to the sealing of the survey plan for Stage Two, or alternatively and
in the event part of the buildings remain, the building must comply with setbacks in Noosa Plan.
Addition of Condition in Support of Minor Change
The addition of a condition in support of the proposed staging is required, as follows:
Staging
The development may be staged in accordance with the stage boundaries shown on the Plan of Development.
5.0 CHANGES TO APPROVED PLAN
It is requested that the Plan of Development accompanying this application is endorsed by Council and supersedes the
previously Approved Plan. The Approved Plan should therefore be updated, as follows:
Plan No. Rev. Plan / Document Name Date
2021-14 C Plan of Development, prepared by Danya Cook Town Planning 14/03/2022
6.0 CHANGES TO INFRASTRUCTURE CHARGES NOTICE
An Infrastructure Charges Notice is not applicable.
7.0 AFFECTED ENTITIES
There are no affected entities for this application.
8.0 CONSISTENCY ASSESSMENT
In accordance with Section 81(3) of the Planning Act 2016, the responsible entity:
a) must assess against, or have regard to, the matters that applied when the development application was made; and
b) may assess against, or have regard to, the matters that applied when the change application was made.
The original application was made in accordance with the Noosa Plan 2020 (25 September 2020), which is the current
planning instrument in effect. The proposed change, being minor in nature, does not conflict with the intent of the Noosa
Plan 2020, to the relevant extent.
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Minor Change Application March 2022
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DANYA COOK TOWN PLANNING
9.0 STATUTORY ASSESSMENT
This assessment finds that the proposal constitutes a Minor Change in accordance with Section 78 and Section 81 of the
Planning Act 2016, as follows:
• The change does not result in a substantially different development, as the change does not:
a) Involve a new use;
b) Result in the application applying to a new parcel of land;
c) Dramatically change the built form in terms of scale, bulk and appearance;
d) Change the ability of the proposed development to operate as intended;
e) Remove a component that is integral to the operation of the development;
f) Significantly impact on traffic flow and the transport network, such as increasing traffic to the site;
g) Introduce new impacts or increase the severity of known impacts;
h) Remove an incentive or offset component that would have balanced a negative impact of the development; or
i) Impact on infrastructure provisions.
• The change will not cause the approval to include prohibited development.
• The change does not trigger referral to a referral agency, other than to the chief executive.
• The change does not trigger referral to extra referral agencies, other than to the chief executive.
• The change does not trigger 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.
• The change does not trigger public notification, noting the original application was not subject to public notification.
On this basis, the application is considered to follow a lawful process in making a request in accordance with Section 78 and
Section 81 of the Planning Act 2016.
10.0 SUMMARY
This application seeks changes to Development Approval RAL21/0009. This assessment of the proposed change in
accordance with the Minor Change provisions of the Planning Act 2016 determines the change is minor in nature and
complies with the relevant provisions of the Act. Should Council have any questions with respect to the above, please do
not hesitate to contact me.
Kind regards,
Danya Cook B.Urb.Reg.Plan
Director / Principal Town Planner
M: 0422 051 263
E: [email protected]
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Minor Change Application March 2022
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DANYA COOK TOWN PLANNING
Appendix A
Plan of Development, Plan of Proposed Reconfiguration of Lots
Prepared by Danya Cook Town Planning
Page 5
Table of Revisions
ISSUE DATE REVISION APPROVED
Kathy Gould
Danya Cook Proposed boundary Realignment between TEWANTIN
Town Planning
NOTES:
1. Drawn to scale on an A3 sheet. Lots 2 & 4 on RP72903 &
2. All dimensions and areas are subject to final Lot 4 on RP77225
survey and approval by N.S.C.
Danya Elizabeth Cook
Mobile: 0422 051 263
Email: [email protected]
Page 6
Table of Revisions
ISSUE DATE REVISION APPROVED
Kathy Gould
Danya Cook Proposed boundary Realignment between TEWANTIN
Town Planning
NOTES:
1. Drawn to scale on an A3 sheet. Lots 2 & 4 on RP72903 &
2. All dimensions and areas are subject to final Lot 4 on RP77225
survey and approval by N.S.C.
Danya Elizabeth Cook
Mobile: 0422 051 263
Email: [email protected]