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Minor Change Report - MCU25 0025 01 (As Published) · MCU25/0025.01

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Tess Henare, Development Planner
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                 MCU25/0025.01

                    Development Approval            Material Change of Use - Dwelling house (Agricultural Land
                                                    and Front Building Setback)

                    Applicant                       Keiran Leslie Chadburne

                    Request Received On             6 August 2026

                    Report Reviewed By              Andrew Gaffney - 2 September 2026

                    Decision Due Date


                    PROPERTY DETAILS

                    Property Address                711 Louis Bazzo Dr Cootharaba Qld 4565

                    RP Description                  Lot 3 SP 100439

                    Land Area                       32,980m²

                    Existing Use of Land            Dwelling House


                    STATUTORY DETAILS

                    SEQRP Designation               Regional Landscape and Rural Production Area

                    Zone                            Rural Zone

                    Precinct                        Not applicable

                    Local Area Plan                 Not applicable

                    Overlays                        nil

                    Assessment Type                 Minor Change to Development Approval



               1.      PROPOSAL
               The applicant seeks approval to change to an existing development approval - Dwelling house
               (Agricultural Land and Front Building Setback).




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               This minor change seeks to resolve a discrepancy between the approved plans and the dwelling
               as constructed. In particular the dwelling house has been constructed approximately 600 mm
               closer to the road boundary than shown on the approved plans, i.e. the building has been
               constructed with a front boundary setback of 5.5m to the fascia, and 5.4m to the entry landing,
               rather than the 6.161m and 6m (respectively) shown on the approved plans.
               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




                                                      Figure 2 – Site Plan




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                                       Figure 2 – Site Plan (as approved)




                                             Figure 3 – Floor Plan

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                                       Figure 4 – Elevations (North-Northwest and West-Southwest




                                       Figure 5 – Elevations (South-Southeast and East-Northeast



               2.     BACKGROUND
               A development approval for a - Dwelling house (Agricultural Land and Front Building Setback)
               was approved 10 July 2025 (MCU25/0025).



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               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 (20 March 2026).
               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;
               •    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 Noosa Plan 2020
               (25 September 2020). 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 (20 March 2026) 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:
               •      Rural Zone Code;
               •      Low Density Housing Code;

               Front Setback
              Acceptable Outcome AO8.4 of the Rural Zone Code states:
              AO8.4           In addition to the circumstances of AO8.1, to AO8.3 above, buildings and structures
                              meet the following minimum boundary setbacks:
                                a.     20 metres from a property boundary of adjoining land in the Environmental
                                       management and conservation zone;
                                b.     a distance greater than the width of the riparian buffer area shown on
                                       Biodiversity, Waterways and Wetland Overlay maps;
                                c.     10 metres from a road frontage; and
                                d.     10 metres from the side and rear boundaries or 6 metres where the lot area does
                                       not exceed 1 hectare, with the exception that if the height of the building or
                                       structure exceeds 9 metres the setback to the side and rear boundaries is equal
                                       to twice its height in metres.



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              As approved the Dwelling house was setback 6.16m to the fascia, and 6.0 m to the entry landing.
              However, as constructed, the dwelling house is 600m closer to the road setback being 5.5m to the
              fascia, and 5.4m to the entry landing.
              As such it does not comply with AO8.4 of the Rural Zone Code. The proposal is therefore required
              to comply with corresponding Performance Outcome PO8 of the Rural Zone Code, which states:
               PO8            Notwithstanding that intensive rural activities may need greater separation distances,
                              buildings and other structures are appropriately sited and designed to:
                                a.     avoid environmental harm or nuisance to sensitive land uses, including adverse
                                       impacts on amenity values, over and above what could reasonably be expected
                                       in the rural zone;
                                b.     avoid adverse impact on ecologically important areas including National Parks,
                                       watercourses, and wetlands;
                                c.     mitigate risks associated with the use of chemicals or air pollutants; and
                                d.     avoid conflict with rural uses and activities on adjoining properties.
              Assessment:
              The original approval involved a relaxation of the front setback with the justification being:
                   • Front setback encroachment has minimal impact due to a truncated boundary and extended
                      road reserve, placing the dwelling ~19m from the road (Figure 6).
                   • The road reserve is heavily vegetated, and a large timber fence screens the approximate
                      location of the development footprint (Figure 7).




               Figure 6 – Front setback encroachment to actual boundary (annotated solid red) vs. prolongation of adjoining
                                                  boundary corners (annotated blue).




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                 Figure 7 – Street view showing mature vegetation screening and topography which obscures the proposed
                                                               development.

              The justification as applied to the original approval is also applicable to this minor change.
              Due to the wide road reserve and the obscuring vegetation, a further encroachment of the dwelling
              house by 600m would be visually indistinct as viewed from Louis Bazzo Drive.
              Therefore, the proposed development can reasonably comply with the Performance Outcome due
              to the above justifications.


               Existing Condition
               3.   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

                          CHA-001            C                                                        06.02.2025
                                                     Site Plan
                                                     Prepared by AM20 Designs
                                                     Annotated by Council
                          CHA-003            C                                                        06.02.2025
                                                     Proposed Floor Plan
                                                     Prepared by AM20 Designs
                          CHA-005            C                                                        06.02.2025
                                                     Proposed Sub-Floor Plan
                                                     Prepared by AM20 Designs
                                                                                                      06.02.2025
                          CHA-006            C       Elevations

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                                                  Prepared by AM20 Designs                    06.02.2025

                          CHA-007          C                                                  06.02.2025
                                                  Elevations
                                                  Prepared by AM20 Designs



               Applicant’s Request
               The applicant has requested existing Condition 3 be amended to reflect the updated plans
               Assessment of Request
               As discussed above the application is considered to accord with the provisions of the Planning
               Scheme.
               Recommendation
               It is recommended existing Condition 3 be amended to read as follows:
               3.     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

                          CHA-001          C      Site Plan                                   06.02.2025
                                                  Prepared by AM20 Designs                    Received 13
                                                                                              August 2026
                                                  Annotated by Council
                          CHA-002          C                                                  06.02.2025
                                                  Proposed Existing Floor Plan
                                                                                              Received 13
                                                  Prepared by AM20 Designs                    August 2026
                          CHA-005          C                                                  06.02.2025
                                                  Proposed Existing Sub-Floor Plan
                                                                                              Received 13
                                                  Prepared by AM20 Designs                    August 2026
                                                  Elevations                                  06.02.2025
                          CHA-006          C                                                  Received 13
                                                  Prepared by AM20 Designs
                                                                                              August 2026
                          CHA-007          C                                                  06.02.2025
                                                  Elevations
                                                                                              Received 13
                                                  Prepared by AM20 Designs                    August 2026


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               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.

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               The report is provided in accordance with Section 83(9) of the Planning Act 2016.
               6.     RECOMMENDATION
               With regard to Application No. MCU25/0025.01 to make a minor change to an existing approval
               for Material Change of Use - Dwelling house (Agricultural Land and Front Building Setback)
               situated at 711 Louis Bazzo Drive Cootharaba Qld 4565 and described as Lot 3 SP 100439,
               Council on 02/09/2026 decided to:
               A.     Approve the change.
               B.     Amend Condition 3 to read as follows:
                      3.      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

                           CHA-001           C      Site Plan                                   06.02.25
                                                    Prepared by AM20 Designs

                           CHA-002           C                                                  06.02.25
                                                    Existing Floor Plan
                                                    Prepared by AM20 Designs

                           CHA-005           C                                                  06.02.25
                                                    Existing Sub-Floor Plan
                                                    Prepared by AM20 Designs

                                                    Elevations                                  06.02.25
                           CHA-006           C
                                                    Prepared by AM20 Designs
                           CHA-007           C                                                  06.02.25
                                                    Elevations
                                                    Prepared by AM20 Designs




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Document Set ID: 25056665
Version: 5, Version Date: 07/09/2026

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