Minor Change Assessment · 51978.3677.01

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2.0 SUBJECT SITE

The subject premises is an established four-unit multiple dwelling at 72 Peregian Esplanade,
Peregian Beach. This application is confined to Unit 3 and does not alter the approved use or
the site’s external built form.

3.0 DETAILS OF PROPOSED WORKS

The proposed change is limited to the inclusion of the updated floor plan for Unit 3 in
Attachment 2. The extract from the updated floor plan in Figure 1 below shows that Unit 3
has been converted from two bedrooms to one bedroom.




                                  Figure 1- Current Floor Plan

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Importantly the changed internal layout does not alter the approved multiple dwelling land use,
the external footprint of the building, the building height, gross floor area, site access, car
parking, servicing arrangements or common property. The proposed change also does not
increase the intensity of the approved development or generate additional planning demand
and continues to align with the site plan approved under TPC 744.

4.0 PROPOSED AMENDMENTS TO DECISION NOTICE

The application requests that TPC 744 be amended to include a new condition which includes
the new floor plan in the approval. Suggested wording for the condition is provided below.

   “Development undertaken within Lot 3 is to generally comply with plan A)5 A prepared by
   Mary Buglia Architects”.

5.0 MINOR CHANGE
The Planning Act 2016 defines a minor change as:

A minor change, for a development approval, is a change to the approval that —

      i.       would not result in a substantially different development; and

       In this respect, the DA Rules state that “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”.

       The DA Rule also includes the following tests to help determine if a change would result
       in substantially different development:

           Description / Provisions                Comment / Response
           A change may be considered to result in a substantially different development
           if the proposed change:

           •    Involves a new use; or              No new use is proposed. The approved
                                                    use remains a multiple dwelling
                                                    comprising four units. The change is
                                                    limited to the internal layout of Unit 3.
           •    Results in the application applying The change does not apply to any new
                to a new parcel of land; or         parcel of land. TPC 744 continues to
                                                    relate to the approved premises at 72
                                                    Peregian Esplanade, Peregian Beach.
           •    Dramatically changes the built form The change is wholly internal and does
                in terms of scale, bulk and not alter the building footprint, scale,
                appearance; or                      bulk, height or external appearance.

           •    Changes the ability of the proposed   The approved development will continue
                development        to  operate   as   to operate as a four-unit multiple
                intended (for example, reducing the   dwelling. The revised one-bedroom
                size of a retail complex may reduce   layout remains functional and does not

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           the capacity of the complex to affect the operation of Unit 3 or the wider
           service the intended catchment); or development.

      •    Removes a component that is No component integral to the approved
           integral to the operation of the development is removed. Unit 3 retains
           development; or                  the residential facilities necessary for its
                                            ongoing use, including a bedroom,
                                            kitchen, bathroom, living area and
                                            access.

      •    Significantly impacts on traffic flow The change reduces the bedroom yield
           and the transport network, such as of Unit 3 and does not increase traffic
           increasing traffic to the site; or    generation or affect the approved
                                                 access, manoeuvring or car parking
                                                 arrangements.

      •    Introduces   new    impacts   or The internal reconfiguration does not
           increases the severity of known introduce new impacts or increase the
           impacts; or                      severity of known impacts. It does not
                                            alter external amenity, servicing or
                                            infrastructure demand.

      •    Removes an incentive or offset        The original approval does not rely on an
           component that would have             incentive or offset component that would
           balanced the negative impact of the   be removed or affected by the proposed
           development; or                       change.

      •    Impacts       on      infrastructure The change does not create additional
           provisions.                          infrastructure demand or alter the
                                                existing servicing arrangements for Unit
                                                3 or the wider development.


ii.       if a development application for the development, including the change, were
          made when the change application is made would not cause—

      Description / Provisions              Comment / Response
      A. the    inclusion    of  prohibited The change does not involve prohibited
         development in the application; or development. It relates only to the
                                            approved multiple dwelling use and the
                                            internal layout of Unit 3.

      B. referral to a referral agency, other The proposed internal layout change
         than to the chief executive, if there does not trigger referral to a referral
         were no referral agencies for the agency.
         development application; or

      C. referral to extra referral agencies, No additional referral agencies are
         other than to the chief executive; or triggered by the proposed change.

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        D. a referral agency to assess the          The change does not require a referral
           application against, or have regard      agency to assess the application
           to,    matters      prescribed    by     against, or have regard to, any new or
           regulation under section 55(2),          additional matters.
           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    The proposed change does not create a
           notification was not required for        requirement for public notification under
           the development application.             the minor change process.


Based on the assessment set out above, the proposed change would not result in substantially
different development and satisfies the definition of a minor change under the Planning Act
2016.

6.0 PLANNING ASSESSMENT
Clause 81 of the Planning Act 2016 outlines what Council should consider when assessing
minor change applications. In this respect, Clauses 81(4) and 81(5) read as follows:

       81(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.

       81(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.

TPC 744 was granted on 15 June 1978 under the Noosa Shire Town Planning Scheme 1973.
In accordance with section 81(4) of the Planning Act 2016, that framework remains the primary
basis for assessing the proposed change. Council may also give the weight it considers
appropriate to the planning instruments in effect when this change application is decided.

In this case, the assessment must be confined to the consequences of replacing the approved
two-bedroom floor plan for Unit 3 with the submitted one-bedroom layout. Within this context,
it is important to note that the change does not alter the approved multiple dwelling use, the
number of units, the building envelope, site access, car parking, servicing arrangements or
common property. The reduction in bedroom yield also does not increase the scale or intensity

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of the approved development and does not generate any additional amenity, traffic or
infrastructure impacts. The submitted plan therefore regularises the renovated internal layout
of Unit 3 without changing the nature or planning consequences of the development approved
under TPC 744.

On this basis, the proposed change is consistent with the existing approval and warrants
approval as a minor change.

7.0 CONCLUSION

This application seeks a minor change to TPC 744 to replace the approved two-bedroom floor
plan for Unit 3 with the submitted one-bedroom layout.

The change is confined to the internal reconfiguration of Unit 3 and reduces its bedroom yield.
It does not alter the approved multiple dwelling use, the number of units, the building envelope,
site access, car parking, servicing arrangements or common property, and it does not create
any additional amenity, traffic or infrastructure impacts.

The proposed change would not result in substantially different development and satisfies the
statutory requirements for a minor change under the Planning Act 2016. We therefore request
that Council approve the change and amend the approved plan set for TPC 744 to include the
submitted Unit 3 floor plan, with the balance of the approval remaining unchanged.

Should you have any questions in relation to the above, please do not hesitate to contact me
directly.

Yours faithfully
PROJECT URBAN



Mick Sheppard
Director
Email: [email protected]