Council archive · source document
Minor Change Assessment · 51978.3677.01
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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