Minor Change Cover Letter Assessment_060620 · MCU13/0081.01

AFFECTED ENTITIES

We are not aware of any referral agencies for the original development and on this basis there are no
affected entities.

ASSESSMENT
Pursuant to S.81 (4) & (5) 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.

Comment: S.81 of the Planning Act 2016 identifies that when assessing an application to change a
development approval, it must have regard to the scheme that was in effect at the time the original
application was properly made. Given the age of the development, Netanya has approvals granted under
a number of different planning schemes; schemes which are between 35 and 41 years old. Further, as
mentioned previously, the changes proposed do not change the approved land uses or fundamentally
change the operation of the approved uses and are primarily cosmetic in nature. Therefore, a full
assessment of the changed proposal against the superseded planning schemes is not considered
necessary in this case, nor would it likely add value to the assessment of the minor change. However,
pursuant to s.81(5), the proposed minor change has been assessed against the more relevant assessment
benchmarks – the Noosa Plan 2006, refer below.

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.

Comment: S.81(5) above allows the assessment manager to give the weight it considers appropriate to
the current planning scheme, any schemes which may come into effect before the change application is
decided. Accordingly, the proposal has been assessed against the current Noosa Plan 2006 below. It is
noted that in accordance with s.81(5), an assessment against the draft new Noosa Plan is not yet
required.

An assessment against the current scheme is set out below:

NOOSA PLAN (2006)

Use
A Resort is defined by the Noosa Plan 2006 as Visitor Accommodation – Type 4 Conventional.

        Two or more dwelling units or accommodation units, for the purpose of providing short-term
        visitor accommodation. The use may include common recreation or dining facilities and includes
        an ancillary dwelling unit for onsite manager. The use includes a guesthouse, visitor hostel,
        motel, resort and serviced rooms, but does not include Visitor accommodation Type 1 Home
        hosted or Type 3 Rural as separately defined.

        The resort definition does not make reference to integrated commercial uses. The shops along
        the Hastings Street frontage are defined separately as Entertainment and Dining Business




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