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Minor Change Report - MCU26 0012 01 & OPW26 0034 01 (As Published) · MCU26/0012.01
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Senior Town planner, Andrew Gaffney
Development Assessment
APPLICATION DETAILS
Application No. MCU26/0012.01 & OPW26/0034.01
Development Approval MCU26/0012 - Material Change of Use - Dwelling house
OPW26/0034 – Operational Works - Driveway & Earthworks
Applicant Mrs Jane Margaret Blake
Request Received On 23 July 2026
Report Reviewed By Andrew Gaffney – 22 Sept 2026
Decision Due Date 17 August 2026
PROPERTY DETAILS
Property Address 111 Lukes Rd Cooroy Mountain Qld 4563
RP Description Lot 2 RP 214048
Land Area 36.8 ha
Existing Use of Land Dwelling House in Rural zone.
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Zone Rural
Precinct Not applicable
Local Area Plan Not applicable
Overlays • Biodiversity, Waterways and Wetlands Overlay Code
• Bushfire Hazard Overlay Code
• Flood Hazard Overlay Code
• Landslide Hazard Overlay Code
• Agricultural Land Overlay Code
• Regional Infrastructure Overlay Code
Assessment Type Minor Change to Development Approval
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1. PROPOSAL
The applicant seeks approval to change the existing development approval for a Development
Permit for a Material Change of Use - Dwelling House and Development Permit for Operational
Works (driveway and earthworks).
The proposed change maintains the approved use as a Dwelling House, but revises the siting,
scale of the dwelling, layout and associated extent of operational works for the dwelling and
ancillary structures.
The applicant seeks amendments to Conditions 3, 19 and 25 of Material Change of use application
MCU26/0012 and Condition 1 of Operational Works application OPW26/0034. The proposed
changes include;
a. retaining and reusing the existing Dwelling house as a ‘private gym’ for occupant use, rather
than demolishing and replacing it as previously approved.
b. The previously approved ‘horse arena’ is proposed to be removed and as a result the main
dwelling is proposed to be repositioned further to the western corner of the site.
c. The stables are also proposed to be relocated closer to the primary dwelling,
d. the internal driveway layout is amended to suit the revised building layouts.
The applicant submits that the revised design will reduce the extent of earthworks, lower the overall
elevation of the development, minimise disruption to natural ground contours, reduce retaining wall
heights and lessen the visual impact of the development from adjoining boundaries.
The change to the approval seeks the required updates to the approved plans for both the Material
Change of Use and Operational Works approvals to reflect the revised architectural and
engineering plans.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Approved Site Plan
Figure 3 – Proposed minor change Site Plan
2. BACKGROUND
27 April 2026 - Noosa Council approved Application Nos. MCU26/0012 and OPW26/0034 and
issued a Development Permit for a Material Change of Use for a Dwelling House and a
Development Permit for Operational Works (driveway and earthworks).
25 May 2026 – Council approved a Negotiated Decision Notice following representations made by
the applicant in relation to the Operational Works approval. The amendment revised Condition 11
of OPW26/0034 to reduce the required earthworks compaction standard from Level 1 to Level 2
under AS 3798, following advice from Development Engineering that the revised standard was
appropriate for the development and posed little risk beyond the subject site.
23 July 2026 – The applicant lodged the current minor change application pursuant to section 78
of the Planning Act 2016 seeking amendments to the approved architectural and engineering
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plans, including revised building siting, reduced earthworks, relocation of the stables, retention and
repurposing of the existing dwelling as a private gym, and amendments to the approved driveway
layout
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020 (Amendment 2 - 25 September 2020).
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in substantially different development as the proposal does
not:
o involve a new use; or
o result in the application applying to a new parcel of land; or
o dramatically change the built form in terms of scale, bulk and appearance; or
o change the ability of the proposed development to operate as intended; or
o remove a component that is integral to the operation of the development; or
o significantly impact on traffic flow and the transport network, such as increasing traffic
to the site; or
o introduce new impacts or increase the severity of known impacts; or
o remove an incentive or offset component that would have balanced a negative impact
of the development; or
o impact on infrastructure provisions.
• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The original application was lodged and assessed under the now superseded Noosa Plan 2020 –
Amendment 2. Pursuant to s81 of the Planning Act 2017, Council must consider the planning
scheme in effect when the original development application was lodged, however Council may give
weight to Noosa Plan 2020 as the planning scheme in effect at the time of the minor change
application being lodged.
The following codes from Noosa Plan 2020 are applicable to this development:
• Rural Zone Code;
• Low Density Housing Use Code;
• Works, Services and Infrastructure Code;
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• Biodiversity, Waterways and Wetlands Overlay Code;
• Bushfire Hazard Overlay Code;
• Flood Hazard Overlay Code;
• Landslide Hazard Overlay Code;
• Agricultural Land Overlay Code; and
• Regional Infrastructure Overlay Code.
The main change arising from this request is that the existing dwelling is now retained and
converted to a private gym, rather than being demolished as originally approved. The repurposed
gym has a floor area of 232.03 m².
As a result, the overall approved building floor area increases by approximately 138 m² compared
with the original approval.
Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max 1 storey
• metres 8 metres 7.8 metres
Gross floor area 500 m² max 1,255m² (previously X
approved 1,117m² GFA)
Plot ratio <:1 max. 0.003:1
Boundary setbacks
Ground Floor Plan / up to 4.5m
Frontage 20 metres min Approx. 235 metres from
the main entrances from
Lukes Road and 15 metres
from the Stables building X
which is the closest point to
the non-formed portion of
Lukes road along the
western boundary.
Main residence is setback
60.0 metres from unformed
road section of Lukes
Road.
Side (north) 10 metres min >100 metres
Side (south) 10 metres min Approx. 21.8 metres.
Approx. 900 metres from
Rear (east) 10 metres min proposed house site.
Assessment
Reuse of dwelling house
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The proposed changes include retention and repurposing of the existing Dwelling house as a
private gym, relocation of the stables, amendments to the dwelling orientation and driveway
alignment, revised building materials and finishes and updated earthworks and engineering plans.
The retention of the existing Dwelling increases GFA of the site from 1,117m² to approx. 1,255m²
or a net increase of 138m².
Council requested further information regarding the proposed conversion of the existing Dwelling
house to a private gym noting concerns that potentially the building could be reused as a second
self-contained dwelling.
On 2 September 2026, the applicant submitted revised plans detailing the proposed
decommissioning works advising that all cooking facilities and laundry had been removed from the
dwelling. It is generally agreed that the removal of kitchen and laundry facilities together with the
internal reconfiguration of the building and plan notation for a private gym, provides sufficient
certainty that the building will function as a private gym ancillary to the approved Dwelling House.
Stables building setback
The proposed stables do not comply with AO8.3 of the Rural Zone Code, which requires buildings
and structures associated with a rural activity to be setback 20 metres from a road reserve. As
shown on Figure 3, the stables are setback approximately 15 metres from the western frontage.
Notwithstanding the reduced setback the stables are located adjacent to an unformed section of
Lukes Road with highly limited traffic movements.
The reduced setback does not give rise to amenity impacts, environmental nuisance or conflict
with adjoining rural land uses. The stables remain appropriately separated from surrounding
properties and maintain the rural character of the locality. Accordingly, the proposed setback is
considered an appropriate design response that achieves the intent of PO8.
Existing Condition 3
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
DA02 02 Location plan 1/02/2026
DA02 03 Site plan 1/02/2026
DA02 04 Floor plan 1/02/2026
DA02 05 Floor plan 1/02/2026
DA02 06 Floor plan 1/02/2026
DA02 07 Floor plan 1/02/2026
DA02 08 Roof plan 1/02/2026
DA02 09 Roof plan 1/02/2026
DA02 10 Eastern Elevation 1/02/2026
DA02 11 Gym Elevation 1/02/2026
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Applicant’s Request
The applicant has requested existing Condition 3 be deleted and replaced with the following
amended condition:
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/ Document Name Date
2403 02 DA04 Location Plan, prepared by Skale Building Design 22/07/26
2403 03 DA04 Site Plan, prepared by Skale Building Design 22/07/26
2403 04 DA04 Floor Plan, prepared by Skale Building Design 22/07/26
2403 05 DA04 Floor Plan, prepared by Skale Building Design 22/07/26
Demolition and Conceptual Plan, prepared by Skale
2403 06 DA04 22/07/26
Building Design
2403 07 DA04 Floor and Roof Plan, prepared by Skale Building Design 22/07/26
2403 08 DA04 Roof Plan, prepared by Skale Building Design 22/07/26
2403 09 DA04 Roof Plan, prepared by Skale Building Design 22/07/26
2403 10 DA04 Roof Plan, prepared by Skale Building Design 22/07/26
2403 11 DA04 Elevations, prepared by Skale Building Design 22/07/26
2403 12 DA04 Elevations, prepared by Skale Building Design 22/07/26
2403 13 DA04 Elevations, prepared by Skale Building Design 22/07/26
2403 14 DA04 Elevations, prepared by Skale Building Design 22/07/26
Assessment of Request
Agree.
The condition amendment updates the approved plans package to reflect the revised design
forming part of the minor change application.
The approved use remains a large Dwelling House and the amendment is administrative in nature
to ensure the decision notice references the correct plans.
Recommendation
It is recommended existing condition be amended to read as follows:
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Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table below.
Plan No. Rev. Plan/ Document Name Date
2403 02 DA05 Location Plan, prepared by Skale Building Design 1/09/26
2403 03 DA05 Site Plan, prepared by Skale Building Design 1/09/26
2403 04 DA05 Floor Plan, prepared by Skale Building Design 1/09/26
2403 05 DA05 Floor Plan, prepared by Skale Building Design 1/09/26
DA05 Demolition and Conceptual Plan, prepared by 1/09/26
2403 06
Skale Building Design
DA05 Floor and Roof Plan, prepared by Skale Building 1/09/26
2403 07
Design
2403 08 DA05 Roof Plan, prepared by Skale Building Design 1/09/26
2403 09 DA05 Roof Plan, prepared by Skale Building Design 1/09/26
2403 10 DA05 Roof Plan, prepared by Skale Building Design 1/09/26
2403 11 DA05 Elevations, prepared by Skale Building Design 1/09/26
2403 12 DA05 Elevations, prepared by Skale Building Design 1/09/26
2403 13 DA05 Elevations, prepared by Skale Building Design 1/09/26
2403 14 DA05 Elevations, prepared by Skale Building Design 1/09/26
MCU Conditions to be Amended
Council’s Senior Development Engineer has noted that conditions relevant to both the MCU and
OPW approvals are redundant or are no longer relevant to the minor change application.
While not specifically requested by the applicant to be amended, the following additional
amendments are recommended to be included as part of this minor change application.
Existing Conditions 16 & 17
16. All excavation/fill and associated batters must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
17. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height.
Recommendation
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Development Engineering have advised that these Conditions have been included in error and are
recommended to be deleted. Removal of the conditions does not impact or the requested changes
submitted by the applicant.
It is recommended that the conditions are deleted.
Existing Condition 19
Site Access and Driveways
19. An access driveway must be provided from Lukes Rd to all parking and manoeuvring areas
of the development. The works must be undertaken in accordance with Driveway Levels Plan
Part 1 & 2 prepared by SCG Engineers (00577-OW4.1 & 00577-OW4.2) and dated February
2026.
Recommendation
Condition 19 be amended to reflect that the works are to be undertaken in accordance with the
updated SCG Driveway Levels Plan dated 17 July 2026.
It is agreed that the condition is amended and updated to the following.
Site Access and Driveways
19. An access driveway must be provided from the existing driveway crossover from
Lukes Road to all parking and manoeuvring areas of the development. The works must
be undertaken in accordance with SCG Consulting’s Driveway Levels Plan Part 1 and
Part 2 (OW4.1 & OW4.2, Rev. A) dated 17 July 2026 and the conditions of this Decision
Notice.
Existing condition 25
Earthworks and Retaining Walls
25. All earthworks must be undertaken in accordance with the conditions of this Decision Notice,
be in accordance with Earthworks Plan Part 1 & 2 and Earthworks Sections prepared by
SCG Engineers (00577-OW3.1, 00577-OW3.2 & 00577-OW3.3) and dated February 2026.
Recommendation
Condition 25 be amended to require all earthworks and associated batters or retaining structures,
both above and below ground level and whether temporary or permanent, to be undertaken in
accordance with the updated SCG Consulting’s Earthworks Plan dated 17 July 2026.
It is agreed that the condition is amended and updated to the following.
25. All earthworks and associated batters/retaining structures, both above and below
ground level, both temporary and permanent, must be undertaken in accordance with
the conditions of this Decision Notice, be generally in accordance with SCG
Consulting’s Earthworks Plan Part 1 and Part 2 (OW3.1 & OW3.2, Rev. A) dated 17 July
2026 and Earthworks Sections (OW3.3, Rev. A & OW3.4) dated July 2026 and contained
entirely within the subject site unless written permission from the respective
landowner(s) is provided to Council.
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Existing Condition 1 – Operational Works
APPROVED PLANS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
0577-OW3.1 - Earthworks Plan Part 1, prepared by SCG Engineers Feb 2026
0577-OW3.2 - Earthworks Plan Part 2, prepared by SCG Engineers Feb 2026
0577-OW3.3 - Earthworks Sections, prepared by SCG Engineers Feb 2026
0577-OW4.1 - Driveway Levels Plan Part 1, prepared by SCG Feb 2026
Engineers
0577-OW4.2 - Driveway Levels Plan Part 2, prepared by SCG Feb 2026
Engineers
Applicant’s Request
The applicant has requested existing condition 1 be deleted and replaced with the following
amended condition:
APPROVED PLANS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
00577-OW3.1 A Earthworks Plan Part 1, prepared by SCG Engineers 17 July 2026
00577-OW3.2 A Earthworks Plan Part 2, prepared by SCG Engineers 17 July 2026
00577-OW3.3 A Earthworks Sections, prepared by SCG Engineers July 2026
00577-OW3.4 A Earthworks Sections, prepared by SCG Engineers July 2026
A Driveway Levels Plan Part 1, prepared by SCG
00577-OW4.1 17 July 2026
Engineers
A Driveway Levels Plan Part 2, prepared by SCG
00577-OW4.2 17 July 2026
Engineers
Assessment of Request
Development Engineering agree.
The change application removes the horse arena and the relocation of a small stable. Most of the
earthworks are now associated with the driveway access and the stables.
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The proposal remains generally compliant with the relevant provisions of The Noosa Plan 2020.
Recommendation
It is recommended existing condition 1 be amended to read as follows:
APPROVED PLANS
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following
table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
Earthworks Plan Part 1, prepared by SCG
Engineers 17 July
00577-OW3.1 A
2026
Annotated by Council
A Earthworks Plan Part 2, prepared by SCG 17 July
00577-OW3.2
Engineers 2026
00577-OW3.3 A Earthworks Sections, prepared by SCG Engineers July 2026
00577-OW3.4 A Earthworks Sections, prepared by SCG Engineers July 2026
A Driveway Levels Plan Part 1, prepared by SCG 17 July
00577-OW4.1
Engineers 2026
A Driveway Levels Plan Part 2, prepared by SCG 17 July
00577-OW4.2
Engineers 2026
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer, Development Assessment
Amended conditions have been provided for inclusion.
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 83(9) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. MCU26/0012.01 and OPW26/0034.01 to make a minor change to
an existing approval for a Dwelling House situated at 111 Lukes Rd Cooroy Mountain Qld 4563
and described as Lot 2 RP 214048, Council on 22 Sept 2026 decided to:
A. Approve the change.
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B. Amend Conditions 3, 19 and 25 of Material Change of use application MCU26/0012 to read
as follows:
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/ Document Name Date
2403 02 DA05 Location Plan, prepared by Skale Building Design 1/09/26
2403 03 DA05 Site Plan, prepared by Skale Building Design 1/09/26
2403 04 DA05 Floor Plan, prepared by Skale Building Design 1/09/26
2403 05 DA05 Floor Plan, prepared by Skale Building Design 1/09/26
DA05 Demolition and Conceptual Plan, prepared by Skale 1/09/26
2403 06
Building Design
2403 07 DA05 Floor and Roof Plan, prepared by Skale Building Design 1/09/26
2403 08 DA05 Roof Plan, prepared by Skale Building Design 1/09/26
2403 09 DA05 Roof Plan, prepared by Skale Building Design 1/09/26
2403 10 DA05 Roof Plan, prepared by Skale Building Design 1/09/26
2403 11 DA05 Elevations, prepared by Skale Building Design 1/09/26
2403 12 DA05 Elevations, prepared by Skale Building Design 1/09/26
2403 13 DA05 Elevations, prepared by Skale Building Design 1/09/26
2403 14 DA05 Elevations, prepared by Skale Building Design 1/09/26
Site Access and Driveways
19. An access driveway must be provided from the existing driveway crossover from Lukes Road
to all parking and manoeuvring areas of the development. The works must be undertaken in
accordance with SCG Consulting’s Driveway Levels Plan Part 1 and Part 2 (OW4.1 & OW4.2,
Rev. A) dated 17 July 2026 and the conditions of this Decision Notice.
Earthworks and Retaining Walls
25. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be undertaken in accordance with the conditions
of this Decision Notice, be generally in accordance with SCG Consulting’s Earthworks Plan
Part 1 and Part 2 (OW3.1 & OW3.2, Rev. A) dated 17 July 2026 and Earthworks Sections
(OW3.3, Rev. A & OW3.4) dated July 2026 and contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
C. Amend condition 1 of Operational Works application OPW26/0034 to read as follows:
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APPROVED PLANS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
Earthworks Plan Part 1, prepared by SCG Engineers
00577-OW3.1 A 17 July 2026
Annotated by Council
00577-OW3.2 A Earthworks Plan Part 2, prepared by SCG Engineers 17 July 2026
00577-OW3.3 A Earthworks Sections, prepared by SCG Engineers July 2026
00577-OW3.4 A Earthworks Sections, prepared by SCG Engineers July 2026
A Driveway Levels Plan Part 1, prepared by SCG
00577-OW4.1 17 July 2026
Engineers
A Driveway Levels Plan Part 2, prepared by SCG
00577-OW4.2 17 July 2026
Engineers
D. Delete conditions 16 & 17 of Material Change of use application MCU26/0012.
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