Minor Change Report REC17 0011.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Nick Cooper – External plannner
Development Assessment

APPLICATION DETAILS
Application No.	REC17/0011.01
Development Approval	Reconfiguration of a Lot (2 into 21 Lots)
Applicant	Eagle Rise Developments Pty Ltd
Request Received On	14 October 2021
Report Reviewed By	Patrick Murphy 21 December 2021
Decision Due Date	11 November 2021

PROPERTY DETAILS
Property Address	43, 14, 20 Eagle Dr & 29, 35A Tait St Tewantin Qld 4565
RP Description	Lot 3 RP 149498 Lot 31 RP 149497 Lot 6 RP 149498 Lot 10 SP 241386 Lot 100 SP 323048
Land Area	634 m² 15040 m² 845 m² 1417 m² 603m2
Existing Use of Land	Partly developed as per approved reconfiguration

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Area Plan	Tewantin
Overlays	Acid Sulphate Soils
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to change the approved plan within condition 1 of the approval requested as follows:
“The Amended Lot Layout Plan demonstrates the proposed change to the staging of the development, introducing a fourth stage (2B) to the proposal. As demonstrated by the orange shading on the Amended Lot Layout, proposed Lots 7 & 8 and the associated access easement will be included in Stage 2B of the development. This will allow the applicant to retain the existing shed structure in the interim and construct a dwelling house within proposed Lot 7 or 8, with the option to further subdivide later which will require the removal of the shed at that time”.
The locality and proposal plan are included below.

Figure 1 – Locality
Figure 2 – Approved Plan

Figure 3 – Proposed Amended Plan
background
A development approval for Reconfiguration of a Lot by Residential Subdivision (2 Lots into 21 Lots) was approved by Council on 17 November 2017.  A request for a Negotiated Decision Notice request was submitted by Murray & Associates (Qld) Pty Ltd, with a negotiated decision made by Council on 16 February 2018. A number of conditions of the Negotiated Decision Notice were subsequently appealed and a Court Order was issued on 19 July 2019.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
The Noosa Plan 2020.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as:
The ‘proposed change’ does not impact the approved development’s ability to operate as intended.
The ‘proposed change’ does not remove a component that is integral to the operation of the development. The change does not include prohibited development;
The ‘proposed change’ does not impact the traffic generated by the proposed development.
The ‘proposed change’ does not generate any new or additional known impacts.
The ‘proposed change’ does not alter the current infrastructure provisions available to the subject site and servicing arrangements of adjoining and surrounding lots.
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Tewantin Local Plan Code;
Reconfiguring a Lot Code;
Works Codes;

The proposal to add an additional stage 2B to the approved plan remains consistent with the relevant provisions of the planning scheme.
Condition 2
2.	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
1702	B	Eagle Drive – Tewantin Detailed Lot Layout prepared by Haynes Consulting Engineers	12.12.2017
Applicant’s Request
Amend the approved plan and condition to read as follows:
2.	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
1702	C	Eagle Drive- Tewantin Detailed Lot Layout prepared by Haynes Consulting Engineers	14.10.2021

Assessment of Request
The proposed amended plan to include an additional stage 2B raises no additional planning issues and is of no consequence to the existing approval and conditions. Therefore, the request is supported.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Diogo Carrico – No issues, nor any new conditions required.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. REC17/0011.01, to make a minor change to an existing approval for Reconfiguration of a Lot (2 into 21 Lots) situated at 43, 14, 20 Eagle Dr, & 29, 35A Tait St Tewantin Qld, described as Lot  Lot 3 RP 149498, Lot 31 RP 149497, Lot 6 RP 149498, Lot 10 SP 241386, Lot 100 SP 323048, Council on 21 December 2021 decided to:
A.	Approve the change.
B.	Amend conditions 2 to read as follows:
2.	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
1702	C	Eagle Drive- Tewantin Detailed Lot Layout prepared by Haynes Consulting Engineers	14.10.2021

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