Minor Change Application

                                                                        DANYA COOK TOWN PLANNING


4.0         STATUTORY ASSESSMENT

Planning Scheme

In accordance with the Noosa Plan 2020, the site is included within the Rural Zone. An assessment of the applicable provisions of the Noosa
Plan 2020 is provided below.

Use Definition

In accordance with Schedule 1 – Definitions of the Noosa Plan 2020, the definition of Dwelling House, including additions (associated garage,
carport, shed, etc.), is defined as follows:

Dwelling House: - means a residential use of premises involving -
     (a) one (1) dwelling for a single household and any domestic outbuildings associated with the dwelling; or
     (b) one (1) dwelling for a single household, a Secondary Dwelling and any domestic outbuildings associated with either dwelling.

Minor Change

This assessment finds that the proposal constitutes a Minor Change in accordance with the Planning Act 2016, which defines a Minor Change
as, “a change to the approval that would not result in a substantially different development”.

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”, as
follows:

       •    The change does not result in a substantially different development, as the change does not:
            (a) involve a new use; or
            (b) result in the application applying to a new parcel of land; or
            (c) dramatically change the built form in terms of scale, bulk and appearance; or
            (d) change the ability of the proposed development to operate as intended; or
            (e) remove a component that is integral to the operation of the development; or
            (f) significantly impact on traffic flow and the transport network, such as increasing traffic to the site; or
            (g) introduce new impacts or increase the severity of known impacts; or
            (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.
       •    The change does not trigger public notification.

On this basis, the application is considered to follow a lawful process in making a request in accordance with the Planning Act 2016.

Assessment

In accordance with Section 81 (4) and (5) of the Planning Act 2016, it states:

      (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.

It is acknowledged that the original application was approved by Council on the 29 September 2010, in accordance with the Noosa Plan (11
May 2009). The proposed Minor Change does not materially change the use of the land for its approved intended purpose and does not
conflict with the intent of the current planning instrument, Noosa Plan 2020 – please refer to the applicable Assessment Benchmarks (Codes)
assessment below, and as such, the proposed change does not result in changes to the original approval that are more significant and
substantially different to the original development application that was assessed and approved by Council, to the relevant extent.
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Minor Change Application                                                                                                            July 2025