Cover Letter - Minor Change Application

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.