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Minor Change Letter

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26 September 2025


The Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin QLD 4565
Via email: Council’s Lodgement Email




RE:       Request to Change a Development Approval (Operational Works – Landscaping)
          63, 65 & 67 Hofmann Drive Noosaville – OPW20/0145.05


Dear Sir/Madam,


Introduction
Stockwell Development Group Pty Ltd (Stockwell) hereby lodges the above change application in accordance with
section 78 of the Planning Act 2016 (PA).

In accordance with section 79 of the PA, we confirm the application:

▪     is made in the approved form, having been accompanied by the relevant Queensland Government form, being the
      DA Form 5 change application form;
▪     will be accompanied by the required fee, once the respective invoice has been issued by Council;
▪     is not subject to any pre-request response notice; and
▪     is accompanied by the written consent of the owner.
On the basis of the above, we request that Council confirm their acceptance of the application in accordance with section
79(2) of the PA.

Application Fees
In accordance with Council’s Fees and Charges 2025/26, it is noted that the application fees are in the order of $3,010.
We request that Council provide their fee quote such that we can arrange payment.

We would appreciate if Council would now proceed with its assessment of this proposed development. Should you have
any further queries regarding this application, please do not hesitate to contact the undersigned on (07) 3666 5200.


Kind Regards,




Holly Lucas
SENIOR DEVELOPMENT MANAGER - PLANNING
0466 994 436
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Page 2

Minor Change Application
1. Introduction
This change application is to facilitate changes to an approved reconfiguration (Council ref: RAL18/0023) of the above-
described land. This letter ultimately seeks Council support to change the requirement for a 10m landscaped buffer for Lot
4 to 7m as per the agreement reached with Council with respect to an appeal over Lot 4 at 63 Hofmann Drive, Noosaville
(ref: 1998 of 2024). As such, a change to the plans contained in the original approval is sought.


1.1. Report Structure

To guide a reader to the report’s structure, please note that:

▪      Section 2 provides an overview of the current development approval.
▪      Section 3 provides details of the proposed changes
▪      Section 4 provides an assessment of the proposed changes against the minor change criteria.
▪      Section 5 provides an evaluation against the relevant assessment criteria contained in section 81 of the Planning Act.


1.2. Supporting Material

To assist with Council’s assessment of the change application, the following supporting material is provided which form
part of the application.
Table A – Supporting Material
    Document Title                                        Prepared By

                                                          Stockwell Development Group Pty
    Appendix A - Owners consent
                                                          Ltd
    Appendix B - PA Form 5                                Therefor Group

    Appendix C – Amended Landscape Plans                  Element Design



2. Development Approval
2.1. Overview

On 20 February 2020, Council resolved to refuse application RAL18/0023 over land formerly known as 28 Eenie Creek
Road, Noosaville QLD 4566 (Lot 3 SP246584). Subsequently, an appeal was lodged in the Planning and Environment Court
(reference 765 of 2020). On 3 September 2020, the Court allowed the appeal, subject to conditions, and issued a
Development Permit for Reconfiguring a Lot (1 lot into 23 lots).
On 17 December 2020, a development approval for Operational Works – Drainage Works, Earthworks, Electrical,
Telecommunications, Street Lighting, Landscaping, Roadworks, Traffic Signage, Stormwater and Clearing was issued with
the most recent revision being issued on 28 March 2022.

Page 3

3. Proposed Changes
3.1. Overview

Following the agreement reached with Council with respect to an appeal over Lot 4 at 63 Hofmann Drive, Noosaville (P&E
ref: 1998 of 2024 and MCU22/0094) (Lot 4), this letter seeks Council approval to amend the plans contained in approval
OPW20/0145.05, which outlines the requirement for a 10m wide landscape buffer to Hofmann Drive within the approved
Streetscape Planting Plan. Changes to Condition 1 are consequently also required due to the changes.

3.2. Changes to Approved Drawings and Documents

The Streetscape Planting Plan has been amended where relevant to this Change request and updated plans are provided
in Appendix C. The proposed changes to the layout are minor in nature, relating to Lot 4 only. The change, as previously
described, is for the reduction in width of the 10m wide revegetation area along Hofmann Drive. Four sheets from the
Streetscape Planting Plan are proposed for amendment.
We also note that these plans have also been amended to reflect the boundary realignment which will be lodged
concurrently with Council to ensure that they reflect the final boundaries intended for Lots 3, 4, 5 and 6.
3.3. Changes to Conditions of Approval

We request that the existing conditions are generally maintained and updated to be reflective of the proposed change.

Notably, the amendment identified in Table B below will be required to be made to the conditions of approval.
 Table B: Changes to conditions of approval
 Condition                                                                        Rationale / Comments

 Condition 1
     1. 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
  1 of 23       J            OVERALL SITE LAYOUT             July 2020
                             PLAN ED20265 OPW 01             September
                             prepared by element             2025
                             design
  2 of 23       J            SHEET LAYOUT PLAN               July 2020            ▪    Condition 1.1 of the original
                             ED20265 OPW 02 prepared         September                 approval outlines the approved
                             by element design               2025                      drawings and documents that the
  -             -            -                               -                         development must be undertaken
  6 of 23       H            STREETSCAPE PLANTING            July 2020                 generally in accordance with. As a
                J            PLAN ED20265 OPW 06             September                 result of this change application,
                             prepared by element             2025                      Condition 1 must be updated to
                             design                                                    make reference to the updated
                             AS AMENDED IN RED by                                      drawings – see Table A.
                             Council
  7 of 23       H            STREETSCAPE PLANTING            July 2020
                J            PLAN ED20265 OPW 07             September
                             prepared by element             2025
                             design
  -             -            -                               -
  10 of 23      H            STREETSCAPE PLANTING            July 2020
                J            PLAN ED20265 OPW 10             September
                             prepared by element             2025
                             design


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     11 of 23        H               STREETSCAPE PLANTING              July 2020
                     J               PLAN ED20265 OPW 11               September
                                     prepared by element               2025
                                     design
     -               -               -                                 -
     23 of 23        H               10m WIDE BUFFER &                 July 2020
                     J               SPECIFICATION ED20265             September
                                     OPW 1 prepared by                 2025
                                     element design


4. Assessment Of Minor Change
4.1. Overview

The Planning Act establishes two types of changes to a development approval:

▪      A ‘minor change’ to a development approval: or
▪      An ‘other change’ to a development approval.
For a change application to be considered as a minor change, the change to the development approval must meet the
definition of a ‘minor change’ as set out in Schedule 2 of the Planning Act. See below.

     ‘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 respect to item (b)(i), Schedule 1 of the Development Assessment Rules provides guidance on the determination of
whether a proposed change does or does not constitute ‘substantially different development’. These provisions are for
guidance only and must be considered in the context of the proposed change. A proposal that does not meet these
guidelines may still potentially be determined as ‘not substantially different development’.

A full assessment of the proposed changes against the relevant criteria has been completed and outlined in Table C and
Table D below. As shown, our assessment concludes that the proposed changes do not constitute ‘substantially different
development’ and comply with the criteria specified under the definition of a ‘minor change’ within Schedule 2 of the
Planning Act.



4.2. Schedule 2: Minor Change Criteria
    Table C: Assessment against minor change criteria (Planning Act)
    Would a new development application, including the
                                                                  Y/N     Comments
    changes cause:

    The inclusion of prohibited development?                      N       The proposal does not involve prohibited
                                                                          development. The site is in the Urban footprint and the
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                                                                      proposal involves Operational Works relating to
                                                                      Reconfiguration of a Lot.

                                                                      The original development application was required to
 Referral to a referral agency, other than to the Chief
                                                                      be referred. However, the proposed changes will not
 Executive, if there were no referral agencies for the         Y
                                                                      result in any new referral material to any referral
 development application?
                                                                      agencies.

 Referral to extra referral agencies, other than the                  The proposed changes will not trigger referral to any
                                                               N
 Chief Executive?                                                     extra referral agencies.

                                                                      The proposed changes will not trigger any referral
 A referral agency to assess the application against or
                                                               N      agencies to assess the application against or have
 have regard to new matters?
                                                                      regard to any new matters.

                                                                      The original application was not subject to impact
 Public notification if public notification was not
                                                               N      assessment. The proposed change does not require
 required for the development application?
                                                                      public notification.



4.3. Substantially Different Development Test
 Table D: Assessment against substantially different development test (DA Rules)
 Do the changes:                                               Y/N    Comments

                                                                      The proposal does not involve a new use. The proposal
 Involve a new use?                                            N      seeks Operational Works in relation to an approved
                                                                      Reconfiguration of a Lot.

 Result in the application applying to a new parcel of                The requested changes do not apply to a new parcel of
                                                               N
 land?                                                                land.

                                                                      The proposed change is for Operational Works. The
 Dramatically change the built form in terms of scale,
                                                               N      requested change does not result in changes to the
 bulk and appearance?
                                                                      built form in terms of scale, bulk and appearance.

 Change the ability for the approved use to operate as                The proposed changes will not change the ability for
                                                               N
 intended?                                                            the proposal to operate as intended.

 Remove a component that is integral to the operation                 The change does not remove any components that
                                                               N
 of the development?                                                  would impact the operation of the development

                                                                      No change to traffic flow or the transport network will
 Significantly impacts on traffic flow or the transport
                                                               N      be experienced as a result of this change. Changes
 network?
                                                                      relate to landscaping only.

 Introduce new impacts on increase the severity of                    The proposed changes will not introduce new impacts
                                                               N
 known impacts?                                                       or increase the severity of any known impacts.

 Remove an incentive or offset component that would                   The change does not propose to remove any offset
                                                               N
 have balanced a negative impact of the development?                  components.

                                                                      No impact on infrastructure provisions. All required
 Impact on infrastructure provisions?                          N
                                                                      infrastructure will still be delivered.




5. Evaluation Against Relevant Assessment Criteria
Section 81(2) of the Planning Act sets forth criteria the responsible entity (which, in this instance, is Noosa Shire Council)
assessing a minor change application must consider. A response to the relevant assessment criteria is provided below to
assist with Council’s assessment.
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2.   In assessing the change application, the responsible entity must consider—
     a.   the information the applicant included with the application; and

 Response to Subsection 2(a)
 This covering letter and the supporting plans provides a brief background of the approval history along with an
 overview of the proposed changes to the development approval.

 The proposed changes are supported by the agreement reached with Council with respect to the Child Care Centre
 appeal (ref: 1998 of 2024). It is considered that all information required for Council to assess the application has been
 provided.

 The submitted assessment confirms the proposal meets the definition of a minor change as set out in the Planning
 Act, and complies with the relevant matters of assessment, consistently with that previously approved.


     b.   if the responsible entity is the assessment manager⎯any properly made submissions about the development
          application or another change application that was approved; and

 Response to Subsection 2(b)
 The original development application was subject to code assessment under the planning scheme and therefore,
 while submissions can be made, no third-party appeal rights are provided to submitters.


     c.   any pre-request response notice or response notice given in relation to the change application; and

 Response to Subsection 2(c)
 A pre-request response was not provided.


     d.   if the responsible entity is, under section 78A(3), the Minister ⎯all matters the Minister would or may assess against
          or have regard to, if the change application were a development application called in by the Minister; and

 Response to Subsection 2(d)
 The responsible entity of this change request is Noosa Shire Council and not the Minister.


     e.   if the responsible entity is, under section 78A(4), the chief executive—all matters the chief executive would or may
          assess against or have regard to, if the change application were a development application declared to be an
          application for State facilitated development under section 106D; and

 Response to Subsection 2(e)
 The responsible entity of this change request is Noosa Shire Council and not the chief executive.


     f.   if paragraphs (d) and (e) do not apply—all matters the responsible entity would or may assess against or have regard
          to, if the change application were a development application;

 Response to Subsection 2(f)
 Further to the original assessment of the development application, where potentially new matters of assessment have
 been identified, this letter and supporting plans and technical reports provide sufficient supporting information for
 Council to have regard to.


     g.   if another matter that the responsible entity considered relevant.

 Response to Subsection 2(g)

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    As above


          3.   Subsections (4) and (5) apply if the responsible entity must, in assessing the change application under subsection
               (2)(d), (e) or (f) consider —
                    a.   A statutory instrument; or
                    b.   Another document applied, adopted or incorporated (with or without changes) in a statutory
                         instrument.
          4.   The responsible entity must consider the statutory instrument, or other document, as in effect when the
               development application for the development approval was properly made.
          5.   However, the responsible entity may give the weight the responsible entity considers is appropriate, in the
               circumstances, to –
                    a.   The statutory instrument or other document as in effect when the change application was made; or
                    b.   If the statutory instrument or other document is amended or replaced after the change application is
                         made but before it is decided – the amended or replacement instrument or document; or
                    c.   Another statutory instrument –
                               i.   That comes into effect after the change application is made but before it is decided; and
                              ii.   That the responsible entity would have been required to consider if the instrument had been
                                    in effect when the development application for the development approval was properly
                                    made.

    Response to Subsections 3, 4 and 5
    The applicant has not identified any further statutory instruments or documents which would impact on Council’s
    assessment of the application. The applicant welcomes Council’s feedback in this regard and will provide any further
    information reasonably required and requested by Council to undertake its assessment.



6. Excluded Premises
In accordance with Schedule 2 of the Planning Act 2016, the applicant wishes to use the excluded premises provision in
lieu of providing owner’s consent.
It is understood that the proposed change to the subject site will not cause any effect to the rest of the development, and
since the development has been approved resulting in multiple owners, it is considered impracticable to be able to obtain
owner’s written consent of each lot owner. Notwithstanding, a list of all lots within the original application is provided in
Appendix B - PA Form 5.



7. Conclusion
In conclusion, the applicant advises:

▪      The proposed change to the current development approval meets the definition of a ‘minor change’ as set out in
       Schedule 2 of the Planning Act and Schedule 1 of the DA Rules.
▪      The proposal has been assessed against the relevant matters in Section 81(2) of the Planning Act, and based on the
       outcomes of this assessment, the proposed minor change is recommended for approval.




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