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SUPERSEDED - Minor Change to Existing Approval Refusal 132004 4552 01 · 132004.4552.01

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                                                                               Officer:            Andrew Gaffney
                                                                               Direct Telephone:   07 53296284
                                                                               Our Reference:      132004.4552.01
                                                                               Your Reference:     219/CDA/050325

               16 September 2025


               Pace Planning Pty Ltd
               C/- Pace Planning Pty Ltd
               9 Panorama Ridge Rd
               BUDERIM QLD 4556

               [email protected]



               Dear Madam,
                                             Decision Notice – Minor Change
                                                          Planning Act 2016

               I refer to your application received on 21 March 2025, requesting a minor change to an existing
               development approval. Council decided to refuse your requested changes.
               Details of the decision are as follows:
               1.     APPLICATION DETAILS

                Application No:                  132004.4552.01

                Street address:                  The Dukes At Sun 1/27 Duke St Sunshine Beach Qld 4567

                Real property description:       Lot 195 RP 48113 Lot 2 SP 175486
                                                 SP 175486

                Planning Scheme:                 Noosa Plan 2020 (25 September 2020)

               2.     DECISION DETAILS

               In relation to the request to make a minor change to the existing approval, Council on 11 September
               2025 decided to refuse the requested changes. Reasons for refusal are detailed below.
               3.     REASONS FOR REFUSAL

               1.     The proposed changes are contrary to the 1990 Planning scheme and Performance
                      Outcome PO11 (plot ratio) of the Noosa Plan 2020 Medium Density Residential Zone Code
                      as:
                      a.      The proposal does not comply with Overall Outcomes 6.3.2.2 (2) (c) of the Medium
                              Density Residential Zone Code as the development does not make a positive
                              contribution to the streetscape and does not maintain the low scale density and
                              character of the zone.
                      b.      The proposal will result in a plot ratio of 0.54:1 which is an over development of the site
                              which significantly exceeds the plot ratio requirements of the 1990 planning scheme
                              (45%) and the Noosa plan 2020 (0.4:1).

               ABN 97.969.214.121                                                                     PO Box 141
               noosa.qld.gov.au                                                                Tewantin QLD 4565
               [email protected]                                                                07 5329 6500
                                                                                                              Page 1 of 3
Document Set ID: 24121868
Version: 2, Version Date: 16/09/2025
Full text of the other 2 pages

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                      c.      The scale of the proposed dwelling is excessive and not of a scale intended under the
                              Medium Density Residential Zone;
                      d.      The proposal is out of character with the prevailing development pattern.
               2.     The proposed changes are contrary to Performance Outcome PO9 of the Medium Density
                      Residential Zone Code of the Noosa Plan 2020 as the building bulk and scale:
                      a.        will not be compatible with surrounding development and the particular circumstances
                                of the site, and
                      b.        Will present an appearance of bulk to adjacent properties, roads and other areas in
                                vicinity of the site.
               3.     The existing development is of a scale that is inconsistent with the surrounding area on the
                      basis that it already exceeds the allowable site cover
               4.     No new or additional information relevant to the proposed change has been provided that
                      would warrant changing the approval previously accepted by the applicant.
               4.     REFERRAL AGENCIES

               Not applicable.
               5.     ADVISORY NOTES

               Not applicable.
               6.     RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               7.     OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available on line at
               www.noosa.qld.gov.au or at Council Offices.




               Yours faithfully,




               Andrew Gaffney
               Senior Development Planner


               Enc:   Appeal Rights




                                                                                                          Page 2 of 3
Document Set ID: 24121868
Version: 2, Version Date: 16/09/2025

Page 3

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                                  within the service period, give a copy of the notice of appeal to –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –
                                                                                                      1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and
                                                                                                      application; and
                   (b) The person-
                                                                                                  (e) each person who may elect to become a co-respondent for the
                         (i)   who may appeal a matter (the appellant); and                           appeal, other than an eligible submitter who is not a principal
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the
                                                                                                      person who the registrar considers appropriate.
                              matter.
                                                                                              (4) The service period is –
               (2) An appellant may start an appeal within the appeal period.
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –
                                                                                                      Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the
                       agency; or                                                             (5) A notice of appeal given to a person who may elect to be a co-
                                                                                                  respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the
                       deemed refusal happens; or                                             (6) A person elects to be a co-respondent by filing a notice of election,
                                                                                                  in the approved form, within 10 business days after the notice of
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                                  appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          231 Other appeals
                       section 269(3)(a) or (4); or
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                   (d) for an appeal against an infrastructure charges notice – 20                the Supreme Court decides a decision or other matter under this
                       business days after the infrastructure charges notice is given             Act is affected by jurisdictional error, the decision or matter is non-
                       to the person; or                                                          appealable.
                   (e) for an appeal about a deemed approval of a development                 (2) The Judicial Review Act 1991, part 5 applies to the decision or
                       application for which a decision notice has not been given –               matter to the extent it is affected by jurisdictional error.
                       30 business days after the applicant gives the deemed
                                                                                              (3) A person who, but for subsection (1) could have made an
                       approval notice to the assessment manager; or
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                   (f)   for any other appeal – 20 business days after a notice of the            decision or matter, may apply under part 4 of that Act for a
                         decision for the matter, including an enforcement notice, is             statement of reasons in relation to the decision or matter.
                         given to the person.
                                                                                              (4) In this section –
               Note –                                                                             decision includes-
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (a) conduct engaged in for the purpose of making a decision; and
                   period.
                                                                                                  (b) other conduct that relates to the making of a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (c) the making of a decision or failure to make a decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (d) a purported decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  (e) a deemed refusal.
                   withdraw from the appeal.
                                                                                                  non-appealable, for a decision or matter, means the decision or
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  matter-
                   infrastructure charges notice must not be about-
                                                                                                  (a) is final and conclusive; and
                   (a) the adopted charge itself; or
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (b) for a decision about an offset or refund-
                                                                                                      set aside or called into question in any other way under the
                         (i)   the establishment cost of trunk infrastructure identified in           Judicial Review Act 1991 or otherwise, whether by the
                               a LGIP; or                                                             Supreme Court, another court, a tribunal or another entity; and
                         (ii) the cost of infrastructure decided using the method                 (c) is not subject to any declaratory, injunctive or other order of
                              included in the local government’s charges resolution.                  the Supreme Court, another court, a tribunal or another entity
                                                                                                      on any ground.
               230 Notice of appeal
                                                                                              232 Rules of the P&E Court
               (1) An appellant starts an appeal by lodging, with the registrar of the
                   tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
                                                                                                  rules of the court that apply to the appeal.
                   (a) is in the approved form; and
                   (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
                                                                                                  the person has not complied with the rules of the P&E Court
               (2) The notice of appeal must be accompanied by the required fee.




                                                                                                                                                    Page 3 of 3
Document Set ID: 24121868
Version: 2, Version Date: 16/09/2025

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