Part A - Town Planning Letter

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4. STATUTORY TOWN PLANNING FRAMEWORK AND ASSESSMENT
This section of the request explains the applicable components of the statutory town planning framework and
their relevance to the change proposed by the Applicant.
Chapter 3, Subdivision 2 of the Planning Act sets out the procedure for changing approvals. In particular,
Section 78 of the Planning Act states:
   “ 78 Making change application

         (1) A person may make an application (a change application) to change a development approval.

         (2) A change application must be made to the responsible entity.

         (3) The responsible entity is—

             (a) for a change application for a minor change to a development condition that a referral agency imposes—
                 the referral agency; or

             (b) the P&E Court, if—

                  (i) the change application is for a minor change; and

                  (ii) the development approval was given because of an order of the court; and

                  (iii) there were any properly made submissions for the development application; or

                      (ba) for a change application to change a condition imposed by the Minister under section 95—the
                           Minister; or

                      (bb) for a change application to change a development approval given by the Minister under part
                           6, division 3—the Minister; or

             (c) otherwise—the assessment manager.

             …”

We understand that Noosa Shire Council, as the assessment manager for the original application to which the
approval relates, is the responsible entity in this instance for the purpose of section 78(3).
A change application under Chapter 3, Subdivision 2 of the Planning Act can be either a minor change or an
‘other’ change. In the case of the proposal, an ‘other’ change is being made as the proposal does not constitute
a minor change as defined in Schedule 2 of the Planning Act.
Section 82 of the Planning Act sets out the process for assessing and deciding an application for an ‘other
change’.
   “ 82 Assessing and deciding application for other changes

         (1) This section applies to a change application, other than for a minor change to a development approval.

         (2) For administering the change application, and assessing and deciding the change application in the context
             of the development approval, part 2, division 2 and part 3, other than sections 51, 63 and 64(8)(c), and the
             development assessment rules, apply—

              (a) as if—

                  (i) the responsible entity were the assessment manager; and

                  (ii) the change application were the original development application, with the changes included, but
                       was made when the change application was made; and

              (b) with necessary changes.

         (3) However—

              (a) section 53 does not apply to the change application if the change is not a minor change only because
                  the change may cause—

                  (i) a referral to a referral agency if there were no referral agencies for the development application; or



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