planning report 98 Hilton · MCU26/0078

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**This application accompanies a Superseded Planning Scheme request.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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