Council archive · source document
Minor Change Report 132003.220660.5 (As Published)
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Matthew Pinese
Development Assessment
APPLICATION DETAILS
Application No. 132003.220660.5
Development Approval Development Permit for a Material Change of Use for a
Dwelling House in Special Residential Zone (23182 DA)
Applicant Wemear Madoc P/L
Request Received On 14 November 2024
Report Reviewed By Matthew Pinese 5/06/2025
Decision Due Date 14/04/2025
PROPERTY DETAILS
Property Address Bayview Woods 1/1-7 Bayview Road, Noosa Heads Qld 4567
RP Description Lot 1 on SP116707
Land Area 936.6m2
Existing Use of Land Dwelling House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Area Plan Noosa Heads
Overlays Biodiversity, Waterways and Wetlands Overlay Map
- MSES Environmental Values
- Area of Biodiversity Significance
Landslide Hazard Overlay Map
- Moderate Hazard Area
Assessment Type Minor Change to Material Change of Use
Page 1 of 10
Document Set ID: 23624004
Version: 0, Version Date: 01/01/1900
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 9 pages
Page 2
1. PROPOSAL
The applicant seeks approval to change to an existing development approval for Material Change
of Use for a Dwelling in Special Residential Zone. The proposal includes the addition of a walkway,
lift and a two-bedroom addition along the northern (side) boundary of the site.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
Page 2 of 10
Document Set ID: 23624004
Version: 0, Version Date: 01/01/1900
Page 3
Figure 3 – Proposed Lower Level Floor Plan
Figure 4 – Proposed Main Level Floor Plan
Page 3 of 10
Document Set ID: 23624004
Version: 0, Version Date: 01/01/1900
Page 4
Figure 5 – Proposed Master Level Floor Plan
Figure 6 – Proposed North and East Elevations
Page 4 of 10
Document Set ID: 23624004
Version: 0, Version Date: 01/01/1900
Page 5
Figure 7 – Proposed South Elevation
Figure 8 – Proposed Cross Section
Page 5 of 10
Document Set ID: 23624004
Version: 0, Version Date: 01/01/1900
Page 6
Figure 9 – Proposed Cross Section
2. BACKGROUND
A Material Change of Use for a Dwelling House in the Special Residential Zone was originally
approved on 2 May 2003. A number of applications to extend the relevant period were then given,
with the most recent being a permissible change to change the currency period condition and
extend the approval until 31 December 2012. A Building Private Certification for a Dwelling,
shed/garage, and pool was finalised, and the building works documentation was submitted to
Council on 15 May 2019.
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:
• the development would not result in substantially different development as the proposal does
not:
Page 6 of 10
Document Set ID: 23624004
Version: 0, Version Date: 01/01/1900
Page 7
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 1990–1998 Noosa
Planning Scheme (15 December 1990). 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:
• Biodiversity, Waterways and Wetlands Overlay Code;
• Landslide Hazard Overlay Code
• Noosa Heads Local Plan Code;
• Low Density Residential Zone Code;
• Low Density Housing Code;
• Works Codes;
Existing Condition 1
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered A-1A, A-2A, A-3A, A4,
A5, A6, prepared by Domain Ramsey Group Pty Ltd and titled Site Survey prepared by
Noosa Mapping & Surveys Pty Ltd and dated 22 Feb 2002 and as may be amended by
these conditions. To this end, the Pavillion at the Ground Floor Level and the deck at the
upper floor level are to be setback a minimum of 6m from the property boundary to the
north west.
Applicant’s Request
The applicant has requested existing condition 1 be amended and replaced with the following
amended condition:
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
Page 7 of 10
Document Set ID: 23624004
Version: 0, Version Date: 01/01/1900
Page 8
A104 17 Proposed Site Plan – Survey Overlay, prepared by 30/04/2025
Collins Building Design
A204 17 Proposed Lower Level Floor Plan, prepared by 30/04/2025
Collins Building Design
A205 17 Proposed Main Level Plan, prepared by Collins 30/04/2025
Building Design
A206 17 Proposed Master Level, prepared by Collins 30/04/2025
Building Design
A207 17 Survey overlay Lower Level, prepared by Collins 30/04/2025
Building Design
A301 17 North & East Elevations, prepared by Collins 30/04/2025
Building Design
A302 17 South & West Elevations, prepared by Collins 30/04/2025
Building Design
A401 17 Propose Cross Section S1& S2, prepared by Collins 30/04/2025
Building Design
A402 17 Proposed Cross Section S3, prepared by Collins 30/04/2025
Building Design
Assessment of Request
The applicant has requested to amend condition 1 of the decision notice to amend the list of
approved plans.
The dwelling seeks to include an additional lift, walkway, bathroom and 2 bedrooms at the lower
level. The 2 additional bedrooms and bathroom is sought to be included along the length of the
side boundary for a total of 11m.
The additions to the dwelling are limited to the northeastern boundary and do not exceed 8m in
height. The gross floor area will remain under 500m2 and the site cover will be maintained at 40%
and below at each level.
The dwelling being located within the northeastern portion of the allotment will be screened from
surrounding development by existing established vegetation. The additions to the dwelling are
limited to the rear boundary and will not be of a bulk or scale that will conflict with the existing
established character within Bayview Road.
A Further Matters letter was sent to the applicant raising a concern that the submitted plans and
supporting material does not adequately address the dwelling additions proximity to existing sewer
infrastructure.
As shown on the plans, there is an existing sewer line within the subject site and the alterations
are proposed over and within 1.3m of the existing sewer infrastructure and associated easement.
It was not clear if Condition 19 of the existing approval required amendments and if the relevant
service provider (Unity Water) supported the proposal. The submitted geotechnical report includes
recommendations for the footings in proximity to the sewer, but it was not clear if this outcome was
supported by Unity Water.
In response to Council’s Further Matters letter, amended plans were submitted moving the
proposed additions and alterations to be outside of the sewer manhole clearance area. Noting the
existing sewer is underneath the existing building as per the original building approval.
Page 8 of 10
Document Set ID: 23624004
Version: 0, Version Date: 01/01/1900
Page 9
It was acknowledged that the existing dwelling traverses Unity Water infrastructure; however, the
amended proposal plans now demonstrate that the proposed additions and alterations are located
to avoid this infrastructure and respond to the site constraints.
Recommendation
It is recommended existing condition 1 be amended to read as follows:
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered A-1A, A-2A, A-
3A, A4, A5, A6, prepared by Domain Ramsey Group Pty Ltd and titled Site Survey
prepared by Noosa Mapping & Surveys Pty Ltd and dated 22 Feb 2002 and as may be
amended by these conditions. To this end, the Pavillion at the Ground Floor Level and
the deck at the upper floor level are to be setback a minimum of 6m from the property
boundary to the north west.
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
A104 17 Proposed Site Plan – Survey Overlay, prepared by 30/04/2025
Collins Building Design
A204 17 Proposed Lower Level Floor Plan, prepared by 30/04/2025
Collins Building Design
A205 17 Proposed Main Level Plan, prepared by Collins 30/04/2025
Building Design
A206 17 Proposed Master Level, prepared by Collins 30/04/2025
Building Design
A207 17 Survey overlay Lower Level, prepared by Collins 30/04/2025
Building Design
A301 17 North & East Elevations, prepared by Collins 30/04/2025
Building Design
A302 17 South & West Elevations, prepared by Collins 30/04/2025
Building Design
A401 17 Propose Cross Section S1& S2, prepared by Collins 30/04/2025
Building Design
A402 17 Proposed Cross Section S3, prepared by Collins 30/04/2025
Building Design
4. CONSULTATION
4.1. Referral Agencies
Not applicable.
Page 9 of 10
Document Set ID: 23624004
Version: 0, Version Date: 01/01/1900
Page 10
4.2. Internal Council Referrals
Not applicable.
5. 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. 132003.220660.5 to make a minor change to an existing approval
for a Development Permit for a Material Change of Use for a Dwelling House in Special Residential
Zone (23182 DA) situated at Bayview Woods 1/1-7 Bayview Rd Noosa Heads Qld 4567 and
described as Lot 1 SP 116707, Council on 5 June 2025 decided to:
A. Approve the change.
B. Amend conditions 1 to read as follows:
Plan No. Rev. Plan/Document Name Date
A104 17 Proposed Site Plan – Survey Overlay, prepared by 30/04/2025
Collins Building Design
A204 17 Proposed Lower Level Floor Plan, prepared by 30/04/2025
Collins Building Design
A205 17 Proposed Main Level Plan, prepared by Collins 30/04/2025
Building Design
A206 17 Proposed Master Level, prepared by Collins 30/04/2025
Building Design
A207 17 Survey overlay Lower Level, prepared by Collins 30/04/2025
Building Design
A301 17 North & East Elevations, prepared by Collins 30/04/2025
Building Design
A302 17 South & West Elevations, prepared by Collins 30/04/2025
Building Design
A401 17 Propose Cross Section S1& S2, prepared by Collins 30/04/2025
Building Design
A402 17 Proposed Cross Section S3, prepared by Collins 30/04/2025
Building Design
Page 10 of 10
Document Set ID: 23624004
Version: 0, Version Date: 01/01/1900
Used in these records
Minor Change Report 132003.220660.5 (As Published).pdfRelated documentApplication case desk ↗
About this file
- File size
- 3.2 MB (large file)
- File type
No other editions are linked here.
Original file
Log in to download the original file
The download may take up to a minute.