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Minor Change Letter
Job Reference: TP20/5095
26 July 2021
Patrick Murphy
Development Assessment
Noosa Council
Via email: [email protected]
RE: CHANGE APPLICATION (MINOR CHANGE) IN ACCORDANCE WITH SECTIONS 78 AND 79 OF THE PLANNING
ACT 2016 AND FULL FEE WAIVER REQUEST
Council Reference: 23116 DA
Permit Type: Development Permit – Material Change of Use; Development Permit – Lot
Reconfiguration
Description of Proposal: 33 Dwelling Houses and Open Space; 33 Residential Allotments Plus Park
Address of Site: Serenity Close, Noosa Heads QLD 4567
Real Property Description: Lot 4 on Survey Plan 100064
Dear Patrick,
On behalf of our client, Carol Smith, we respectfully seek to change the above-mentioned development
approval by way of a change application (minor change) in accordance with Sections 78 and 79 of the Planning
Act 2016. For Council’s reference, it is noted that the original development approval was granted in November
2003 and later amended in August 2004 with copies of the most recent documents associated with this
approval included as part of this application.
In particular, this application requests that Condition 15.1 of the development approval which reads, “all
windows and doors of any dwelling constructed on the land shall be screened with mosquito-proof gauze not
coarser then 1mm aperture to prevent the ingress of mosquitoes and midges,” be removed on the following
basis:
the current Noosa Plan 2020 does not have any requirements for a new dwelling house when it
comes to mosquitos/midges;
in line with this, there is nothing preventing a new dwelling house being built on one of the 33
approved lots without the need for any mosquito-proof gauze under the current Noosa Plan 2020;
there is only one dwelling house yet to be built in the overall development at 11 Banksia Avenue (Lot
10 on Survey Plan 188268) – meaning that the implications of removing this condition will be
negligible;
in regard to this dwelling house, it is important to note that a qualified bushfire consultant has
identified it will need to comply with BAL-40 requirements with the only appropriate bushfire screen
which meets these requirements being one with an aperture of 1.6mm;
Bartley Burns Town Planning Pty Ltd ABN 36 413 954 407
1300 051 189 [email protected] www.bartleyburns.com.au
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since the original development approval was issued back in 2003, Council have introduced a number
of other mechanisms to manage mosquitos/midges across the Noosa region i.e. ground and aerial
treatments of methoprene and BTI;
there are also a number of design elements incorporated into the proposed dwelling house at 11
Banksia Avenue which will minimise mosquitos/midges i.e. internal fans to promote air movement
and skylights, fixed windows, etc. to avoid dark, damp areas.
In regard to this application, we believe it important to note that the premises is considered an ‘excluded
premises’, because since the original development approval was issued, the premises has been subdivided and
now has many owners. Therefore, under Section 79(1A)(c) of the Planning Act 2016, written consent of the
owner is not considered to be required in this instance.
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The above-mentioned change is deemed to constitute a minor change, based on the following requirements
laid out in Schedule 2 of the Planning Act 2016:
minor change means a change that:
(b) for a development application –
(i) would not result in substantially different development; and
Response: The change will not result in a substantially different development. This is based on the fact that the
change will not include a new use, nor will it result in the application applying to a new parcel of land. Further
to this, the change will not dramatically alter the development’s built form in terms of scale, bulk or
appearance. Moreover, the change will not alter the ability of the development to operate as intended, nor
will it remove an integral component of the development. In addition, the change will cause no impact on
surrounding traffic flows or the surrounding transport network, nor will it introduce any new impacts or
increase the severity of known impacts. And finally, the change will not remove an incentive/offset of the
original development, nor will it impact upon surrounding infrastructure provisions.
(ii) if a development application for the development, including the change, were made when the change
application is made would not cause—
(A) the inclusion of prohibited development in the application; or
Response: If a development application were to be made today, inclusive of the change, it would not include
prohibited development.
(B) referral to a referral agency, other than to the chief executive, if there were no referral agencies for the
development application; or
Response: If a development application were to be made today, inclusive of the change, it would not require
referral to a referral agency.
(C) referral to extra referral agencies, other than to the chief executive; or
Response: The original application did not require a referral to a referral agency.
(D) a referral agency to assess the application against, or have regard to, matters prescribed by regulation
under section 55(2), other than matters the referral agency must have assessed the application against, or
have had regard to, when the application was made; or
Bartley Burns Town Planning Pty Ltd ABN 36 413 954 407
1300 051 189 [email protected] www.bartleyburns.com.au
Page 3
Response: If a development application were to be made today, inclusive of the change, it would not require a
referral to a referral agency.
(E) public notification if public notification was not required for the development application.
Response: The original development application required public notification.
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We thank you for your attention to this request and look forward to receiving a positive response through the
issuing of a negotiated decision notice, inclusive of an amended set of plans. If you have any queries or
questions about these representations, please do not hesitate to contact the undersigned on 0481 153 265 or
1300 051 189.
Yours sincerely,
Courtney Maizey-Baker
Town Planner
Bartley Burns – Building Certifiers & Town Planners
Bartley Burns Town Planning Pty Ltd ABN 36 413 954 407
1300 051 189 [email protected] www.bartleyburns.com.au