Minor Change Report MCU19 0081 02 & 132007 738 05 [As Published] · MCU19/0081.02

               The application was originally refused by Council as Council considered the proposed ancillary
               dwelling units to constitute a multiple dwelling under the Noosa Plan 2006, with no need for 16
               ancillary dwelling units. An originating application was made to the Court around the correct
               definition, with the judgement favouring the applicant’s position in the appeal. Consequently,
               Council agreed to settle the appeal given there were limited provisions in the Noosa Plan 2006 that
               Council could reasonably rely on if the matter proceeded to trial.
               3.     ASSESSMENT
               3.1. 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 2017;
               •      Planning Regulation 2017; and
               •      The Noosa Plan 2020.
               3.2. 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;
               •      the change does not include prohibited development;
               •      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.
               3.3. Statutory Instruments – Planning Scheme
               The application must be assessed against the Noosa Plan 2006 but Council may have regard to
               the Noosa Plan 2020 in assessing the proposed changes.
               The following codes from the Noosa Plan 2020 are applicable to the proposed changes:
               •    Low Impact Industry Zone Code;
               •    Noosaville Local Plan Code;
               •    Industries Activities Code;
               •    Caretaker’s Accommodation, Dwelling Unit and Rural Workers Accommodation Code
               •    Works Codes;
               •    Acid Sulfate Soils Overlay Code
               •    Biodiversity, Waterways & Wetlands Overlay Code
               •    Flood Hazard
               The proposed changes are very minor, being mostly limited to internal layout changes and minor
               external façade changes. The proposed changes maintain the same number of ancillary dwelling
               units, with no increase in the size of these units. Overall, the proposed changes maintain the same
               building footprint with no additional gross floor area proposed, with the external changes offering
               some improvement to the built form’s presentation. A change has also been made to the internal
               layout of the first floor of units 9, 10 and 11 which may facilitate separate occupation of an area
               and for this reason an additional condition is recommended to the approval for the ancillary dwelling
               units.


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Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024