L22 Lodge change app with Council.doc · 132008.175.04

Assessing and Deciding Request for Change

Section 81(2) and (3) of the Planning Act 2016 specifies what the responsible entity must consider
when assessing and deciding applications for minor changes and it is reproduced below.

       (2) When assessing the change application, the responsible entity must consider—
             (a) the information the applicant included with the application; and
             (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
             (c) any pre-request response notice or response notice given in relation to the change
             application; and
             (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
             (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
             (e) another matter that the responsible entity considers relevant.

       (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.

       (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.

The most recent extension application was approved in August 2019 under the now superseded Noosa
Plan (2006) and also a draft version of the Noosa Plan 2020.

The applicable planning instruments that Council must have regard to are:
              State Planning Regulatory Provisions;
              State Planning Policies;
              1985 Schedule to the Noosa Plan; and
              Noosa Plan 2020.

The original approval and subsequent extension applications were considered consistent with the higher
order State Regulatory Provisions and Planning Policies. The proposed design modifications will not
substantially change the existing approval and are still considered consistent with these higher order
provisions.

A comparison of the proposal against the provisions of the current Noosa Plan and the existing approval is
detailed in the table below.

 Noosa Plan 2020                         Proposal - revised plans    Proposal     Existing Approval
                                                                     Compliance

 Population density – Nil                22 Units                                22 Units

 Gross Floor Area – 1:1                  4810m2                                  4400m2 (1985 Scheme permitted a max
 Residential High Density zone :4810m2                                            of 5330m2)