Cover Letter - Minor Change Application

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On 15 February 2022, a building approval was issued for a shed to be constructed on the premises in
accordance with the Material Change of Use application. Clearing was subsequently carried out on
the premises in accordance with approval (Council reference: MCU14/0098.01). Given that the
abovementioned works have been undertaken, it is considered that the approval has taken effect.

Jasmine and James have recently obtained costing for the proposed dwelling and shed to be
constructed generally in accordance with what is illustrated on the approved plans associated with
the (Council reference: MCU14/0098.01). Costing for the build have substantially increased and
consequently Jasmine and James have decided to make a change to the building design and layout
allow for a much more cost-effective construction outcome.




Figure 1 - Current Approved Site Plan



The Proposal
The proposed minor change application seeks approval for a smaller house and shed design that is
consolidated in a position in the vicinity of the approved pool and shed in the rear portion of the
site.

The proposed dwelling would be single storey design that comprises 3 bedrooms, a bathroom and
open planned kitchen, living dining area. A shed would be located adjacent to the dwelling and has
dimensions of 10m x 12m and a 2.9m x 10m mezzanine level.

No addition clearing is needed to establish the proposed dwelling and shed.

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Please Figure 2 below which illustrates the siting of the proposed dwelling and Appendix A - Proposal
Plans for further details.




Figure 2 - Site plan illustrating new location of dwelling and shed footprint



Changes to Conditions/Plans of Approval

As a result of approving the proposed changes, it is requested that the approved plans be changed in
accordance with the table below. It is considered that no other change to the approval would be
necessary.

Approved Plans
 Plan No.                 Rev.      Plan/Document Name                          Date
 085-01                             Site Plan, prepared by Jasmine Smith        2 September 2014
 -                        -         Site Plan, prepared by James Smith          13/04/2022

 -                        -         Ground Floor Plan, prepared by James        13/04/2022
                                    Smith
 -                        -         Mezzanine Floor Plan, prepared by James     13/04/2022
                                    Smith
 -                        -         Proposed North and East Elevations,         13/04/2022
                                    prepared by James Smith
 -                        -         Proposed North and East Elevations,         13/04/2022
                                    prepared by James Smith

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Statutory Process

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’
under section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change
       relates to a minor change to the location of dwelling and shed within and existing cleared
       envelope;
    + The changes would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor
change’ to the approved development. On this basis, it is considered that the request should be
dealt with pursuant to provisions outlined within Section 81 of the Planning Act 2016.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application:

(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;

The Noosa Plan 2006 (16 September 2013) was the statutory instrument that was in effect when the
original application was properly made. The Noosa Plan 2020 (21 September 2020) was in effect at
the time that this change application was made.

The proposed dwelling house is to be sited with an existing cleared envelope on the site and has
been designed in a manner that complies with acceptable outcomes under both the Noosa Plan
2006 and Noosa Plan 2020. The proposed design would also offer in improvement to the previous
design for the following reasons:
    • It would consolidate the dwelling and shed to a more compact envelope, allowing greater
        area for fauna movement through the site;
    • It would provide an increased setback to the both the eastern and western boundaries of
        the site, of which are the directions of the closest neighbouring dwellings; and
    • It would not result in any additional offsite impacts.

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Conclusion

The above report demonstrates that the proposal involves a minor change under the Planning Act
2016 , and appropriately responds to the provisions and intent of the Noosa Plan 2020. Overall, it
will result in an improvement to the current design in terms of the biodiversity values of the site.
Consequently, the minor change application should be supported.

Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to
the requested minor change to a development approval. Should you have any questions in relation
to the proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,




Marcus Brennan
B. Urb. Reg. Plan