Planner's Report

     i)   The proposed changes do not impact on infrastructure provision, location or demand.

     13. Comment: Given that the proposal results in fewer lots, the proposed changes are not expected to impact
         on infrastructure provision or demand.

3.1.2           Other Criteria under the Definition of Minor Change

     14. As noted in paragraph 3.1, Schedule 2 of the PA 2016 contains the definition of a “minor change”. The
         second part of the definition is reproduced below:

          minor change means a change that—
          (b)       for a development approval—
                    (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.

     15. Our comments follow. If the application for the proposal were remade, including the change, the change
         does not cause:-

                   (A) the inclusion of prohibited development in the circumstances. The Explanatory Notes to the
                       Planning Bill 2015 confirm that:

                       The clause does not prevent a change being made simply because a change to a planning
                       instrument or law would now require the development application as it was originally made to
                       include prohibited development, additional referral or public notification.

                   (B) Paragraph (b)(ii)(B) above does not apply, as there were referral agencies for the original
                       application.
                   (C) Referral to extra referral agencies; and
                   (D) A referral agency to consider additional matters.
                   (E) Public notification, given that public notification was not required for the development
                       application as originally made. The level of assessment under the current Noosa Plan 2006
                       would require public notification. The change itself does not trigger a change to the level of
                       assessment. As noted above, the Explanatory Notes to the Planning Bill 2015 confirm that a
                       change which is otherwise minor is not excluded from being so merely because there has been




JFP Ref: M1775                                                                                                    Page 17