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Minor Change Letter
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
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