Planner's Report

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29 November 2019
Job Ref: M1775

Noosa Council
By Email: <[email protected]>

Att: Patrick Murphy – Coordinator Planning
Re: Change Application (‘Minor Change’) – Development Approval for Reconfiguring a Lot (Subdivision 1 Lot into 52
Lots plus Park) over land situated at 191 Hollett Road, Noosaville and described as Lot 53 on SP163571 - Council
Application No. 152006.1999



Dear Patrick,

On behalf of our clients, John & Kathy Hofmann, we hereby request a Change to a Development Approval (“minor
change”) under section 78 of the Planning Act 2016 (the PA 2016) in relation to the above development approval
issued by the Planning & Environment Court by order dated 5 July, 2013.

This correspondence provides details of the site and approval history 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 Planning Act 2016 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 / CONTEXT

     1. An application to rezone the land from the “Rural Pursuits Zone” to the “Rural Residential” and “Open
        Space” zone was made to Council on 25 March, 1996. A rezoning approval was issued by Council on 1
        August, 1997 changing the zone to “Special Residential” and “Open Space” permitting the development of
        a maximum of 82 lots. The approved plan of development 950555.P5B prepared by Downes Survey Group
        sets out the development rights under the zones endorsed on the plan, and contains the relevant
        development criteria for the land. This included a maximum number of 80 Rural Residential allotments and
        2 Rural Pursuits allotments. The approved plan outlined that the land use entitlements for both Rural
        Residential Areas and Rural Pursuits Areas, were applicable, as if the land was located within those zones at
        any time.

     2. This position is repeated in the conditions of the rezoning approval (03004TR), which run with the land and
        remain binding on successors in title.

     3. The rezoning stipulated that a minimum 24 hectares indicated as Open Space was required to be dedicated
        to the Crown.