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4. Town Planning Report
1.3 APPLICABLE LEGISLATION
This application has been prepared in accordance with the requirements of the Planning Act 2016 (the
Act), the Planning Regulation 2017 (the Regulation), and the Development Assessment Rules (DA Rules).
1.4 DEFINITION OF USE
In accordance with the Noosa Plan 2020, the proposed Material Change of Use is defined as a Multiple
dwelling and an Office. The applicable Planning Scheme uses definitions are reproduced below:
Multiple dwelling
Multiple dwelling means a residential use of premises involving 3 or more dwellings, whether
attached or detached, for separate households.
Examples include - Apartments, Flats, Units, Townhouses, Row Housing, Triplex
Office
Office –
(a) means the use of premises for—
i. providing an administrative, financial, management or secretarial service or
function; or
ii. the practice of a profession; or
iii. providing business or professional advice or services; but
(b) does not include premises used for making, selling or hiring goods.
Examples include - Bank, real estate agent, administration building
1.5 LEVEL OF ASSESSMENT AND PUBLIC NOTIFICATION
Material Change of Use
In accordance with Part 5 (Table 5.5.2) of the Noosa Plan 2020, categories of development and
assessment for a Material Change of Use, the proposed development is subject to Code Assessment for
both Multiple dwelling units and an Office.
Notably, office uses are code assessable in the Medium Density Residential zoning, where undertaken
in combination with a residential use in a mixed-use format, where located on Lots 16, 17, 18,19, 20 or
22 P9315, being 233-245 David low Way Peregian Beach. This includes the subject site, 245 David Low
Way, Peregian Beach.
Applicable assessment benchmarks - Multiple dwelling units and office:
Coastal communities local plan code,
Medium density residential zone code,
Dual occupancy and multiple dwelling code; and
Business activities code and Works codes
Operational works
In accordance with Part 5 (Table 5.8.2 & 5.8.3) Categories of development and assessment for
Operational works (Engineering work, Stormwater Drainage, Water Quality, Earthworks and
Landscaping), indicates that the proposed development is subject Code Assessment with respect to
undertaking Road works, Stormwater, Drainage works, Earthworks and Landscaping.
PLANNING REPORT – Revision A DEC 2021 P a g e |6
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