Change application_15-05-2019_Final Rev1 · 152006.1999.3

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                     (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.

In this regard, the following comments are provided:-

         The proposed changes will not result in a substantially different development as the change only relates to
          the timeframe to complete the development. It does not change the nature of the development;

         If the application for the proposal were remade, including the change, the change does not involve:-

                 o   the inclusion of prohibited development. In any event 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                        instrument or law would now require the development application as it was originally made to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….

                 o   referral to extra referral agencies; and

                 o   public notification, given that public notification was not required for the development application
                     as originally made. While the level of assessment under the current Noosa Plan 2006 would
                     require public notification, that differs to when the original application was made (being a
                     development application - superseded planning scheme that was subject to code assessment
                     under the superseded Noosa Plan), the proposed change only relates to the timeframe to
                     complete the development and does not trigger a change to the level of assessment. The
                     Explanatory Notes to the Planning Bill 2015 note that a change which is otherwise minor is not
                     excluded from being so merely because there has been a change to the legislation or a planning
                     instrument, which has the effect that the application as originally made would now require public
                     notification.




JFP Ref: M1775                                                                                                     Page 2

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Assessment of the Minor Change

The requirements for the assessment of a minor change application are set out in section 81 of the PA 2016 (as
amended by the Economic Development and Other Legislation Amendment Act 2019). Our response to the relevant
matters is provided below:


  (2) In assessing the change application, the responsible entity must consider—
  (a) the information the applicant included with the application; and

JFP comment

Refer information above and application form.

  (b) if the responsible entity is the assessment manager—any properly made submissions about the development
  application or another change application that was approved; and

JFP comment

The original application was code assessment and therefore there were no submissions.
The approval has not been the subject of another change application.

  (c) any pre-request response notice or response notice given in relation to the change application; and

JFP comment

No pre-request notice or response has been requested.

  (d) if the responsible entity is, under section 78A(3), the Minister—all matters the Minister would or may assess
  against or have regard to, if the change application were a development application called in by the Minister; and

JFP comment

The responsible entity is not the Minister.

  (da) if paragraph (d) does not apply—all matters the responsible entity would or may assess against or have
  regard to, if the change application were a development application; and


JFP comment

It is noted that, under section 81(4) of PA2016, Council must consider those statutory instruments or documents in
effect at the time the original development application was made. The matters that the Council would have had to
assess at the time of the original development application have no relevance to this proposal to extend the
timeframe.




JFP Ref: M1775                                                                                                   Page 3

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Pursuant to section 81(4) of the PA2016, Council may also give the weight it considers appropriate to the statutory
instruments and documents that applied when or after the change application was made.

In this regard, we note the applicant’s position that the approved development is generally consistent with current
laws and policies and the existing approval conditions give effect to the tenor of current laws and policies.


  (e) another matter that the responsible entity considers relevant.


JFP comment

The applicants submit that the following other relevant matters warrant approval of the minor change application:

         the proposed change solely relates to a request to extend the time to complete the development and does
          not result in any different development. The existing approval includes comprehensive conditions which
          are generally consistent with current laws and policies;

         the applicants have expended considerable money over time in obtaining the development approval and
          unfortunately Mr Hofmann’s poor health has delayed the applicants’ ability to carry out the approved
          development;

         the land was originally identified as generally suitable for the type of development proposed. As part of
          that approval, it was required to provide a not insignificant contribution of public benefit with respect to
          the road network, for which no compensation was payable. Properly understood, the approved
          development (including conditions of approval) the subject of the minor change application is generally
          consistent with earlier development proposals;

         the land is currently designated in the Rural zone, but has no utility for sustainable rural uses;

         the land immediately adjoins areas designated for Rural Residential and Detached Dwellings, and is in close
          proximity to areas designated for Industry and Shire Business Centre. The Planning Scheme designates
          other land outside the Urban Growth Boundary for similar types of development, given that no areas of
          Rural Settlement are shown within the Urban Growth Boundary mapping on ZM9;

         the current development permit is still valid while it is the subject of the Planning and Environment
          Appeals. This minor change application is necessary to ensure the validity of the permit in respect to the
          sunset clause. This change application ought to be approved to ensure that the approval does not lapse
          due to the operation of the sunset clause, particularly in circumstances where the appeals to the Planning
          and Environment Court are not yet resolved.

In the circumstances, it is considered that the proposed extension of time is appropriate and that the proposed
change to Condition 5 ought to be approved.




JFP Ref: M1775                                                                                                  Page 4

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Should you require any further information, please contact our office on (07) 5450 3900.

Yours faithfully,




ALLISON DRABSCH
Senior Urban Planner
JFP URBAN CONSULTANTS PTY LTD
Encl.
cc:       John & Kathy Hofmann
          Hopgood Ganim – S. Macoun
          Energex




JFP Ref: M1775                                                                             Page 5