Minor Change Application · 132002.220222.1

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Importantly, the addition of the enclosed area is not intended to facilitate a third bedroom, as evidenced by the open plan layout at the top
of the stairs and the visual connection / overlook to the ground floor living area. The works are minor in nature and are consistent with the
established residential character of the development.




Figure 1: Internal Floor Plan of Unit 2 (Source: realestate.com.au)

The proposed enclosure will be constructed using materials, colours and finishes that are consistent with the existing development, including
muted earth tones, Colorbond Custom Orb roofing, and matching window frames and architectural detailing. The works are designed to
integrate seamlessly with the existing building and maintain its established appearance. Further, the proposed building work will not exceed
a height of 8m above both natural and finished ground levels. Accordingly, the proposal maintains compliance with Conditions 1, 2 and 3
of Development Approval 22783 DA.

4.0        ASSESSMENT MANAGER CONDITIONS AND APPROVED PLANS

Assessment Manager Conditions

Following a review of Development Approval 22783 DA , it is determined that change to the conditions of approval is required.

Condition 1 should be updated to reference the Design Plans, as detailed in the table below.

  Sheet                 Date                  Issue No.               Plan Name                           Prepared By
  Sheet 1 of 6          22 June 2026          HM-2026-B               Site Plan                           Mandy's Design + Drafting
  Sheet 2 of 6          22 June 2026          HM-2026-B               Existing Upper Floor                Mandy's Design + Drafting
  Sheet 3 of 6          22 June 2026          HM-2026-B               Existing Elevations                 Mandy's Design + Drafting
  Sheet 4 of 6          22 June 2026          HM-2026-B               Existing Elevations Two             Mandy's Design + Drafting
  Sheet 5 of 6          22 June 2026          HM-2026-B               Proposed Floor Plan                 Mandy's Design + Drafting

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Minor Change Application                                                                                                           July 2026

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                                                                       DANYA COOK TOWN PLANNING


  Sheet 6 of 6           22 June 2026          HM-2026-B             Proposed Elevations                   Mandy's Design + Drafting

5.0         INFRASTRUCTURE CHARGES

In accordance with Council’s Infrastructure Charges Resolution (No.9) 2025, as the proposed change does not involve an increase in the
number of bedrooms, additional infrastructure charges are not applicable.

6.0         STATUTORY ASSESSMENT

Minor Change

This assessment finds that the proposal constitutes a Minor Change in accordance with the Planning Act 2016, which defines a Minor Change
as, “a change to the approval that would not result in a substantially different development”.

The DA Rules state, “in determining whether the proposed change would result in substantially different development, the assessment
manager or referral agency must consider the individual circumstances of the development, in the context of the change proposed”, as
follows:

       •    The change does not result in a substantially different development, as the change does not:
            (a) involve a new use; or
            (b) result in the application applying to a new parcel of land; or
            (c) dramatically change the built form in terms of scale, bulk and appearance; or
            (d) change the ability of the proposed development to operate as intended; or
            (e) remove a component that is integral to the operation of the development; or
            (f) significantly impact on traffic flow and the transport network, such as increasing traffic to the site; or
            (g) introduce new impacts or increase the severity of known impacts; or
            (h) remove an incentive or offset component that would have balanced a negative impact of the development; or
            (i) impact on infrastructure provisions.
       •    The change will not cause the approval to include prohibited development.
       •    The change does not trigger referral to a referral agency.
       •    The change does not trigger public notification.

On this basis, the application is considered to follow a lawful process in making a request in accordance with the Planning Act 2016.

Assessment

In accordance with Section 81 (4) and (5) of the Planning Act 2016, it states:

      (4)   The responsible entity must consider the statutory instrument, or other document, as in effect when the development application
            for the development approval was properly made.

      (5)   However, the responsible entity may give the weight the responsible entity considers is appropriate, in the circumstances, to -
            (a) the statutory instrument or other document as in effect when the change application was made; or
            (b) if the statutory instrument or other document is amended or replaced after the change application is made but before it is
               decided - the amended or replacement instrument or document; or
            (c) another statutory instrument -
               (i) that comes into effect after the change application is made but before it is decided; and
               (ii) that the responsible entity would have been required to consider if the instrument had been in effect when the development
               application for the development approval was properly made.

It is acknowledged that the original application was approved by Council on the 7 November 2002 in accordance with the Schedule to the
Planning Scheme, Originally Gazetted on the 15 December 1990 including amendments to 5 December 1997. The proposed Minor Change
does not materially change the use of the land for its approved intended purpose, being Duplex Dwelling, and as such, the proposed change
does not result in changes to the original approval that are more significant and substantially different to the original development
application that was assessed and approved by Council, to the relevant extent.

Noosa Plan 2020, Amendment 3

The site is included in the Medium Density Residential Zone in accordance with Zone Map ZM13 - Noosa Heads.

In accordance with Schedule 1 - Definitions, SC1.1 - Use Definitions, Dual Occupnacy is defined as follows:

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Minor Change Application                                                                                                            July 2026

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                                                                      DANYA COOK TOWN PLANNING


Dual Occupancy: -

      (a)   means a residential use of premises involving—
            i. 2 dwellings (whether attached or detached) on a single lot or 2 dwellings (whether attached or detached) on separate lots
                that share a common property; and
            ii. any domestic outbuilding associated with the dwellings; but
      (b)   does not include a residential use of premises that involves a secondary dwelling.

In accordance with Part 5 - Tables of Assessment, Section 5.5 - Categories of Development and Assessment - Material Change of Use, Table
5.5.2 - Medium Density Residential, the development of Dual Occupancy is Code Assessable if located on a lot with an area less than 600m2.

Further, the applicable Assessment Benchmarks (Codes), are:

      •     Noosa Heads Local Plan Code.
      •     Medium Density Residential Zone Code.
      •     Dual Occupancy and Multiple Dwelling Code.
      •     Works Codes.

The site comprises an approximate area of 516m2, and as such, the development would be Code Assessment if lodged in accordance with
the current Noosa Plan 2020.

Following a review of the applicable Assessment Benchmarks of the Planning Scheme, it is determined that the proposed Minor Change
does not conflict with the Purpose and Overall Outcomes of the Codes.

7.0         SUMMARY

This application seeks change to Development Approval 22783 DA. The assessment of the proposed change in accordance with the Minor
Change provisions of the Planning Act 2016 determines the change is minor in nature and complies with the relevant provisions of the Act.
As such, we trust Council will issue a favourable Decision Notice in due course and should Council have any questions with respect to the
above, please do not hesitate to contact me.

Kind regards,




Danya Cook B.Urb.Reg.Plan, MPIA, CPP
Director / Principal Town Planner

M: 0422 051 263
E: [email protected]




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Minor Change Application                                                                                                         July 2026