Assessment letter · MCU14/0053.01

Page 2

    a    The proposed gross floor area is generally in accordance with the approved
         development
    a    There is no increase in use area and therefore no additional car parking
         generated.


Following amendment to the design to incorporate the advice regarding site cover and
subsequent review by Noosa Shire Council, further advice was received confirming the
proposed site cover is in accordance with the approved development.

We further note the advice the access and car parking is to be assessed as part of the
Minor Change Application.

Legislative Assessment

The Planning Act 2016 (s81) provides the opportunity for Change Applications to be made
to existing approvals. Change Applications are of two types, Minor Change to a
Development Approval and "Other" Change to a Development Approval.

Schedule 2 of the Planning Act 2016 outlines what is intended by a minor change

Minor change means a change that-

(b) for a development approval-

   (i)     would not result in a substantially different development;
   Following is an assessment against ltem 4 of Schedule l; Subsfantially Different
   Developmenf contained in the Development Assessment Rules, which provides a test
   for assessing whether a change results in a "substantially different development

    Substantially Different Development         Assessment of Proposal against
    Criteria                                    Substantially Different Development
                                                Griteria
    lnvolves a new use                          ïhere is no change to the existing
                                                aooroved use.
    Results in the application applying to a    There is no new parcel of land involved
    new parcel of land

    Dramatically changes the built form in      Whilst there are changes to the
    terms of scale, bulk or appearance          appearance of the built form, these are
                                                not considered dramatic.
    Changes the ability of the proposal to      There is no change to the ability of the
    operate as intended                         proposal to operate as intended.

    Removes a component that is integral to     Any component of the original
    the operation of the development            application that has been removed is not




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                                                                                             B
                                                 integral to the operation of the
                                                 development.
     Significantly impacts on traffic flow and   There is no change to traffic flow or the
     the transport network, such as              transport network as a result of the
     increasing traffic to the site              changes.

     lntroduces new impacts or increase the      Whilst two car parking spaces have
     severity of known impacts                   been added to the proposal, the
                                                 provision of off street parking is
                                                 considered to be a benefit, rather than
                                                 an impact, by reducing the use of public
                                                 parkinq.
     Removes an incentive or offset              The proposed change is not considered
     component that would have balanced a        to remove an incentive or offset
     negative impact of the development          component.

     lmpacts on infrastructure provisions        The proposed change is not considered
                                                 to impact on infrastructure provisions.


(ii) if a development applicatíon for the development, including the change, were
made when the change application is made would not caus*

    (A) the inclusion of prohibited development in the application; or

ïhe proposed change does not introduce any prohibited development.

    (B) referral to a referral agency, other than to the chief executive, íf there were no
       referral agencies for the development application; or

The proposed change does not trigger referral to any referral agencies

    (C) referral to extra referral agencies, other than to the chief executive; or

Not applicable, there were no referral agencies for the original development application
and the proposed change does not trigger referral to any referral agencies

   (D) a referral agency úo 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

Not applicable, there were no referral agencies for the original development application
and the proposed change does not trigger referral to any referral agencies.




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    (E) public notification if public notification was not required for the development
        application.

The existing application was lmpact Assessable, we note there were no submitters

ln summary, we believe that the proposed changes comply with the tests for a minor change
in accordance with schedule 2 of the Planning Act 2016.



Conclusion.

It is our contention the changes proposed by this application satisfy the tests for a minor
change as per the relevant legislation.

The proposed development, including the removal of the unapproved building works the
subject of the enforcement notice, will provide for a welcome and in context addition to the
surrounding area.


We look forward to a positive assessment of this application, should you have any
queries, please do not hesitate to contact me.

Yours faithfully,
    NETT & FRANCIS




Phil Pozzi.
p. pozzi @bfsu rueys. com. a u
Direct:07 3239 5407




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