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Minor Change Report 132001.210140.2 (As Published)

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Development Planner, Tiani Bird
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                    132001.210140.2

                  Development Approval               Development Permit for a Material Change of Use of Premises
                                                     to Establish a Dwelling House in a Sand Dune Problem Area
                                                     Development Permit for Operational Works - Landscaping

                  Applicant                          Richard William Fiddis C/- Plan A Town Planning

                  Request Received On                6 January 2025

                  Report Reviewed By                 Matthew Pinese 2/05/2025

                  Decision Due Date                  24/04/2025


                  PROPERTY DETAILS

                  Property Address                   Noosa Dunes 9/512 David Low Way, Castaways Beach Qld
                                                     4567

                  RP Description                     Lot 9 on SP111721

                  Land Area                          793m2

                  Existing Use of Land               Dwelling House


                  STATUTORY DETAILS

                  SEQRP Designation                  Urban Footprint

                  Zone                               Low Density Residential Zone

                  Precinct                           Not applicable

                  Local Area Plan                    Coastal Communities

                  Overlays                           Bushfire Hazard Overlay Code – Potential Impact Buffer
                                                     Coastal Protection Overlay Code – Coastal Protection and
                                                     Scenic Amenity
                                                     Landslide Hazard Overlay Code – Moderate Hazard Area

                  Assessment Type                    Minor Change to Development Permit for a Material Change of
                                                     Use of Premises to Establish a Dwelling House in a Sand Dune
                                                     Problem Area

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                                                 Development Permit for Operational Works - Landscaping



               1.     PROPOSAL
               The applicant seeks approval to make a change to an existing Development Permit for a Material
               Change of Use of Premises to Establish a Dwelling House in a Sand Dune Problem Area and a
               Development Permit for Operational Works – Landscaping.
               The subject site is currently improved by an existing dwelling house and associated structures and
               the development seeks to alter the existing dwelling by enclosing the external deck on the ground
               floor, include a new suspended ceiling, and extend the front balcony and rear rooftop terrace. As
               a consequence of the additions and alterations to the existing dwelling house the following changes
               to the existing approval are requested:
                    • Amend the list of approved plans
               The locality and proposal plan are included below.




                                                         Figure 1 – Locality




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                                       Figure 2 – Aerial Image




                                        Figure 3 – Site Plan




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                                       Figure 4 – Ground Floor Plan




                                        Figure 5 – First Floor Plan



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                                       Figure 6 – Second Floor Plan




                                          Figure 7 – Elevations

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                                       Figure 8 – Sections




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Figure 8 — Sections

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               2.     BACKGROUND
               A development approval for a Material Change of Use for a Dwelling in a Sand Dune Problem Area
               and Operational Works for Landscaping was approved on 12 July 2001. The subject site is located
               within the Noosa Dunes (formerly Marcus Dunes) estate and as such is subject to the provisions
               of Plan of Development POD65 – Marcus Dunes Estate, which includes mapped ‘Building/yard
               envelopes’ and ‘Natural vegetation in lots to remain untouched’ on the approved plan (refer to
               Figure 9).




                                       Figure 9 – Plan of Development POD65 – Marcus Dunes Estate

               A minor change application 132001.210140.01 was approved 1 March 2021 which involved works
               outside of the approved building envelope to alter the deck and landscaping on site.
               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 (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:

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               •      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 1990 Planning
               Scheme. 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:
               •      Low Density Residential Zone Code;
               •      Low Density Housing Code;
               •      Works Codes;
               •      Coastal Protection Overlay Code.
               Existing Condition 11
                      Land Use
               11.    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

                         A-CD01        A     Overall Site Plan, prepared by Casa Concepts            Feb 2021

                         A-CD02        A     Partial Site Plan, prepared by Casa Concepts            Feb 2021

                         A-DA-1-01     B     Area Calculations, prepared by Casa Concepts            25 Mar 2001

                         WD-1-02       B     Ground Floor Plan, prepared by Casa Concepts            25 Mar 2001

                         WD-1-03       B     First Floor Plan, prepared by Casa Concepts             25 Mar 2001

                         WD-1-04       B     Second Floor Plan, prepared by Casa Concepts            25 Mar 2001

                         WD-12-01      B     Elevations, prepared by Casa Concepts                   25 Mar 2001

                                                                                                        Page 8 of 11

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                         WD-2-03       B     Section AA, prepared by Casa Concepts                     25 Mar 2001

                         WD-2-04       B     Section BB, prepared by Casa Concepts                     25 Mar 2001

                         WD-2-05       B     Section CC, prepared by Casa Concepts                     25 Mar 2001

               Applicant’s Request
               The applicant has requested existing condition 11 be amended to include the updated plans that
               include the following alterations to the existing dwelling house:
                    • Enclosure of external deck on ground floor adjacent to the studio
                    • Rear rooftop terrace
                    • New suspended flat ceiling over dining, kitchen and living area on first floor
                    • Front balcony extension
               Assessment of Request
               The existing dwelling house is made up of 3 storeys, which gains access via a single driveway
               crossover to Marcus Dunes Court and is a total land area of 793m2. The existing dwelling house
               includes a total gross floor area of 360m2 and the alterations do not result in an increase to the
               approved gross floor area or encroach further within the approved setbacks.
               The enclosure of the external deck within the ground floor does not present an appearance of bulk
               to the street due to being setback from the front boundary. It is noted that the unapproved structure
               over the pool, which was identified in Council’s Town Planning Appraisal dated 14 November 2024,
               has been included on the proposal plans. This roofed deck is setback more than 2m from eastern
               side setback and maintains a 5m setback to the rear boundary.
               The inclusion of the front balcony extension presents an open presentation to the frontage, which
               remains consistent with the existing established character within Marcus Dunes Court. The front
               balcony extension does not extend within the front boundary setback and provides for greater
               passive surveillance to the street. A suspended flat ceiling over the dining, kitchen and living area,
               which is included at the rear of the dwelling.
               The rear balcony is technically a rooftop terrace; however, it is important to note that it is directly
               accessible from the adjacent habitable rooms. It is not a standalone structure on a rooftop and
               therefore, it presents more as a balcony that is integrated into the built form.
               The proposed rooftop terrace is oriented toward the rear and will not be visible from David Low
               Way and Marcus Dunes Court. It maintains an open form and will therefore not create and
               overbearing structure. Access to natural sunlight and breezes will be maintained for adjoining
               dwellings, due to it being more central within the extent of the existing built form. In addition, the
               terrace is setback 5.8m from the southern boundary and 7.8m from the northern boundary and
               there is extensive (1.5m wide) landscaped planter with a 1m high balustrade, which will manage
               any opportunities for overlooking. On this basis the residential amenity and privacy of the adjoining
               properties will be maintained.
               Council provided pre-lodgement advice, and as recommended, the area of the rooftop terrace has
               been reduced from 44m² to approximately 26m², which is below the height of the existing roofline.
               The proposal plans were amended in accordance with Council’s pre-lodgement advice, and the
               rooftop terrace is low scale, with a design which is integrated into the built form and is not included
               within the side boundary setbacks, where overlooking impacts could be created.
               Recommendation
               It is recommended existing condition 11 be amended to read as follows:
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Document Set ID: 23685245
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               Existing Condition 11
                      Land Use
               12.    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

                         A-CD01         A   Overall Site Plan, prepared by Casa Concepts           Feb 2021

                         A-CD02         A   Partial Site Plan, prepared by Casa Concepts           Feb 2021

                         A-DA-1-01      B   Area Calculations, prepared by Casa Concepts           25 Mar 2001

                         WD-1-02        B   Ground Floor Plan, prepared by Casa Concepts           25 Mar 2001

                         WD-1-03        B   First Floor Plan, prepared by Casa Concepts            25 Mar 2001

                         WD-1-04        B   Second Floor Plan, prepared by Casa Concepts           25 Mar 2001

                         WD-12-01       B   Elevations, prepared by Casa Concepts                  25 Mar 2001

                         WD-2-03        B   Section AA, prepared by Casa Concepts                  25 Mar 2001

                         WD-2-04        B   Section BB, prepared by Casa Concepts                  25 Mar 2001

                         WD-2-05        B   Section CC, prepared by Casa Concepts                  25 Mar 2001

                         327 fiddis     A   Site Plan, prepared by Maddock                         20.02.2025
                         sk_001

                         327 fiddis     A   Ground Floor Plan, prepared by Maddock                 20.02.2025
                         sk_100

                         327 fiddis     A   First Floor Plan, prepared by Maddock                  20.02.2025
                         sk_101

                         327 fiddis     A   Second Floor Plan, prepared by Maddock                 20.02.2025
                         sk_102

                         327 fiddis     A   Elevations and Sections, prepared by Maddock           20.02.2025
                         sk_160


               4.     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. 132001.210140.2 to make a minor change to an existing approval
               for a Development Permit for a Material Change of Use of Premises to Establish a Dwelling House
               in a Sand Dune Problem Area and a Development Permit for Operational Works - Landscaping


                                                                                                    Page 10 of 11

Document Set ID: 23685245
Version: 6, Version Date: 06/05/2025

Page 11

               situated at Noosa Dunes 9/512 David Low Way Castaways Beach Qld 4567 and described as Lot
               9 SP 111721, Council on 2.05.2025 decided to:
               A.     Approve the change.
               B.     Amend condition 11 to read as follows:
                      Land Use
               11.    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

                         327 fiddis     A   Site Plan, prepared by Maddock                      20.02.2025
                         sk_001

                         327 fiddis     A   Ground Floor Plan, prepared by Maddock              20.02.2025
                         sk_100

                         327 fiddis     A   First Floor Plan, prepared by Maddock               20.02.2025
                         sk_101

                         327 fiddis     A   Second Floor Plan, prepared by Maddock              20.02.2025
                         sk_102

                         327 fiddis     A   Elevations and Sections, prepared by Maddock        20.02.2025
                         sk_160




                                                                                                 Page 11 of 11

Document Set ID: 23685245
Version: 6, Version Date: 06/05/2025

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