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Minor Change Report 132001.210140.2 (As Published)
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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[OCR of page images]
ants
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
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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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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
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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
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