Council archive · source document
planning report 98 Hilton · MCU26/0078
Development Application
Planning Report
Material Change of Use for a Dwelling House
situated at 98 Hilton Tce, Tewantin
(Lot 6 SP116708)
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................3
1.2 Planning instrument details .......................................................................................................3
2.0 Site details ......................................................................................................................... 4
2.1 Site description ..........................................................................................................................4
2.2 Surrounding land uses ................................................................................................................4
3.0 Proposed development details .......................................................................................... 5
4.0 Planning assessment .......................................................................................................... 6
4.1 Height..............................................................................................................................................7
5.0 State assessment and other matters .................................................................................. 7
5.1 State interests ............................................................................................................................7
5.1.1 Matters established in the Planning Regulation .............................................................................. 7
5.1.2 State Planning Policy ........................................................................................................................ 8
6.0 Conclusion ......................................................................................................................... 9
Client Name: N & T Offermann
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO RPIA
Version: 1
Date: 1 June 2026
This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Development Permit for Material Change of Use for a dwelling
house*
Site address: 98 Hilton Tce, Noosaville
Real property description: Lot 6 SP116708
Site area: 2,484m2
Owner details: N & T Offermann
Applicant details: N & T Offermann c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: Coastal Management District
Regional plan: SEQ Regional Plan 2017
Designation: Urban Footprint
Planning scheme: The Noosa Plan 2020 V.1 25 September 2020**
Zone: Medium Density Residential zone
Level of assessment: Code
Applicable overlays: Flood Hazard
Acid Sulfate Soils
Applicable codes: Acceptable Outcomes A03, AO8, AO9, AO10, AO11, AO12.1,
AO12.2, AO12.4, AO13, AO14.5, AO15, AO16,
AO17, AO19, AO21.2, AO22.2, AO23.1, AO23.2 and AO24 of
the Medium Density Residential Zone Code.
Acceptable Outcomes AO2, AO3, A05, A06, AO7, AO8, AO9,
AO10, AO11, AO12, AO13, AO14, AO15, AO16, AO18, AO19,
AO20, AO21 and AO22 of the Low Density Housing Code.
Referral Agency: Nil
*The Noosa Plan fact sheet describes that existing dwelling houses can continue to enjoy ‘existing use rights’ in the Medium and High
Density Residential zones, however, any significant increase in the scale or intensity of an existing house, such as through major
renovations or a knock-down and rebuild, may constitute a Material Change of Use. An application for as new MCU is included.
**This application accompanies a Superseded Planning Scheme request. Section 30(2) of The Planning Act 2016 states that
an adverse planning change is a planning change that reduces the value of an interest in premises. Section 31 of the Act describes when
a person (an affected owner) with an interest in premises, at the time an adverse planning change starts to have effect for the premises,
may claim compensation because of the adverse planning change. In this regard, an affected owner may claim compensation in relation
to development that is or becomes assessable development after the adverse planning change has effect, if—
(a) the local government refuses a superseded planning scheme request in relation to the development; and
(b) a development application has been made for the development; and
(c) the development application is—
(i) refused; or
(ii) approved with development conditions; or
(iii) approved in part, with or without development conditions.
Section 33(1) of the Act states the amount of compensation payable to the affected owner is the difference between the market value
of the owner’s interest in premises immediately before, and immediately after, the adverse planning change.
A peer reviewed valuation accompanies a similar request on the site adjoining this property.
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2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Detached House
Frontage and access 20m to Hilton Tce
Topography and views Flat adjoining Noosa River
Easements Sewer (Implied Easement) through middle of site
Figure 1: Aerial view and site identification Source: Nearmaps
Figure 2: Water & Sewer Infrastructure and Zone Map (Source: Unitywater NoosaMaps)
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North Noosa River
South Ivory Palms Resort
West 92 Hilton Tce (Existing detached house)
East 100 Hilton Tce (Motel Units)
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3.0 Proposed development details
The proposal seeks to demolish the existing dwelling and construct a 2-storey dwelling consisting of
the following features:
Ground Level
• 6 car garage
• 2 bedrooms, boatshed, living areas and pool
Level One
• 3 bedrooms, kitchen and living
Figure 3: Proposed Site Plans
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4.0 Planning assessment
Some of the key parameters are provided in Table 3 below, with further assessment provided
thereafter.
Table 3: Summary of development aspects and compliance with the Codes
Criteria Noosa Plan 2020 Proposal Compliance
MDR and Dwelling House Codes
Site Details 2,484m² – Medium Density Residential
Zone
Height (AO3) 8m 8.75m PO
2 storeys 2 storeys Y
Site Cover (AO10) 40% - 993.7m² 34.3% - 854m² Y – see snip below
39.7% - 987m² (Including pool and spa area Y – 130m² of pool area
1m above NGL)
Gross floor area 0.4:1 – 993.6m² 0.36:1 – 891m² Y
(AO11)
Setbacks (AO12) Frontage (6m) 9.2m Y
west side (1.5m / 2m) 3.8m - ground Y
2.5m – upper roof
east side (1.5m / 2m / 2.5m >7.5m) 1.5m - ground Y
2.5 – upper roof
Rear (10m from MHWS) 10m to structure/pool>1m in height Y
Building design N/A - The house is unlikely to be seen from Y – visual interest Y
(AO14.5) the street given the existing mature
vegetation. The side of the garage
is obscured by the fence and boundary
angle. The porte-cochere has feature
landscaping which provides visual interest
while being significantly further
setback than the garage.
Garage (AO15) No garage faces the street. The side of the Y Y
garage faces the street, however is
setback more than 9m form the boundary
with a significant 5m dense landscaped
buffer.
Roof Form (AO19) No roof top terrace Y – The top of the roof is pitched Y
Parapet walls do not exceed 50% of the
façade
5 degree pitch and eaves to >75% of
building.
Front fencing Fencing setback >1m or 1.2m / The western side of the driveway is on the Y
(AO17) 50%transparent if on boundary boundary and is a maximum of 1.2m in
height. Y
The eastern side includes an
avg 1m setback
Landscaping (AO6) 20% soft landscaping (496m²) 35.7% (886m2) Y
Carparking and 2 covered and driveway design criteria 6 covered spaces Y
access (AO7-14)
Flood Hazard Area 300mm above DFE 2.7m AHD Y – in accordance with flood search
(AO16)
Acid Sulfate Soils Overlay Code
Avoidance and Acid sulfate soils reporting and Not undertaken Y – required to determine if
Management of management fill quantity exceeds 500m³ (under
ASS (AO1) slab and footings) – Able to
be complied with and reporting
included with application.
Flood Hazard Overlay Code
Flooding (AO1- 1%AEP flood immunity + 300mm free Minimum floor heights are achieved. Y
AO11) board . Minimal fill to reduce flood risk
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4.1 Height
The proposal seeks a performance outcome assessment against the relevant outcomes pertaining
to height in metres, with part of the roof line extending higher than the 8m height limit.
Figure 4: Areas of the building >8m height limit
The relevant Performance Outcomes seek for buildings and structures:
a) are low rise and present a building height consistent with structures on adjoining and surrounding premises and with the
predominant character of the area;
b) are designed to provide an interesting streetscape and complement landform changes;
c) do not visually dominate the street or surrounding area;
d) respect the scale of surrounding vegetation and maintain a vegetated skyline;
e) do not unreasonably obscure views or lead to overshadowing of neighbouring properties; and
f) do not exceed two storeys.
The design is two storeys and does not obscure any neighbouring views or dominate the street. The
pitched roof requirement requires the apex of the roof design to protrude through the 8m height limit,
owing to the increased finished floor height of the ground level.
This is consistent with other buildings in the area that meet the minimum floor height and roof pitch
requirement. The proposal is consistent with the relevant performance outcomes pertaining to height.
5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
In accordance with Schedule 6, Part 2 of the Planning Regulations 2017 – the application is for a
new development in the Medium Density Residential Zone that exceeds the scale and intensity of
the existing house on the site.
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5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is located within the Coastal Management District and erosion prone area, as shown
on the SPP interactive mapping system.
In accordance with Schedule 10, Part 17, Table 6 the application does not require referral as the
gross floor area is not increasing by 1,000m2 and work associated with the dwelling house is not
considered part of the building work, and not operational work. No referral is required and the design
is compliant with the SDAP State Code 8 provisions, with the redevelopment of an existing building
within the erosion prone area. The design includes a large setback to the Noosa River boundary
(9.2m to pool edge), and habitable floor levels above 2.7m AHD, which accounts for flood heights
that includes 2100 climate change conditions.
Figure 5: State Coastal Hazard Mapping (Source: QLD Government)
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6.0 Conclusion
This is a development application for the demolition and rebuild of a dwelling house at 98 Hilton Tce,
Noosaville. The proposed development is subject to code assessment and meets the relevant
Outcomes. The proposal retains a large setback to the river and is dispersed across the 2,484m2
site without impacting on the surrounding area.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for the development; and
(b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks; and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of the benchmarks if the decision
resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of the benchmarks if the decision
resolves a conflict between the benchmarks and a referral agency’s response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the application only if compliance cannot be
achieved by imposing development conditions.
The assessment finds the development complies with all Acceptable and Performance Outcomes of
the applicable codes. The Assessment Manager’s favourable consideration of the above
development application is therefore recommended.
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