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27.10.25 Cover letter SPS 51 Hilton Tce
27 October 2025 Planning Assessment Noosa Council [email protected] RE: Superseded Planning Scheme Request for a combined Material Change of Use, Operational Works, Community Title Subdivision and Demolition at 51 Hilton Tce, Tewantin On behalf of Noosa SC Developments Pty Ltd, we submit a superseded planning scheme request under Part 4 Division 1 section 9(3) of the Planning Act 2016 as shown below. (3) A person may, within 1 year after the planning scheme and related policies become a superseded planning scheme, make a superseded planning scheme request in relation to the superseded planning scheme. The new planning scheme amendments, The Noosa Plan 2020 (Amendment No.2), commenced on 26 September 2025, and the applicant exercises their right to lodge a Request to apply a Superseded Planning Scheme request for a Material Change of Use for a Code Assessable dual occupancy on a site >600m2 in the Medium Density Residential zone. This application is made within one year from the commencement of NP2020. The superseded planning scheme The Noosa Plan 2020 (Amendment No.1) allowed for a Dual Occupancy to be a code assessable application. The current The Noosa Plan 2020 (Amendment No.2) has amended the Table of Assessment and now makes the use inconsistent and impact assessable. Figure.1 Relevant Tables of Assessment of the Noosa Plan 2020 (Amendment 1 and 2)
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In accordance with Section 29 (5) of the Planning Act 2016 and associated Section 12, Division 3 (11) of the
Planning Regulations 2017 the following documents are included as part superseded planning request:
- Noosa Council Superseded Planning Scheme Form including applicant and property details
- A copy of the proposed combined superseded planning scheme application, including:
o DA Form 1 & 2
o Planning Report
o Design Plans (Concept Issue Date 31/07/25 to rev 5 Date 13/10/25)
o Engineering Plans (22/10/25)
o Landscape Plans (22/09/25)
o Demolition and Community Title Subdivision Plans
In determining whether or not to agree to a superseded planning scheme request, Council may consider a range
of factors. We seek that Council approve this request to accept, assess and decide the code assessable
development application for a dual occupancy under The Noosa Plan 2020 (Amendment No.1) for the following
reasons:
- The design drawings were substantially progressed prior to the amendments to the scheme being
approved by the Minister (note: Design Issue history from 31/07 to 13/10).
- Some of the plans (i.e. landscaping and design revision 4) were finalised prior to the endorsement of the
new planning scheme, however it was considered more prudent to lodge as one package to Council for
a combined application.
- The adjoining sites (49 & 53 Hilton Tce) are both <600m2 and allow for the development of dual
occupancies. It is unlikely either one of these redevelopment sites will amalgamate with the subject site,
so as to make a larger and more efficient unit development across two or more sites (i.e. recent multiple
unit developments on Eumundi Noosa Rd).
- Considering the requirement for parking and manoeuvring on this site with a narrow 15m frontage, a
multiple unit development becomes much harder to design, fund and build for on this site than a dual
occupancy. Furthermore, the redesign will cost the applicant significant time, resources and money to
make the development feasible.
Figure.2 Site Identification and relevant adjoining lot sizes (Source: Nearmap)
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A further market comparison and appraisal in regards to Division 2 of The Planning Act 2016 can be provided, however considering the history and submission package detail, it is not considered required in this instance. If you have any further queries in relation to the above, please do not hesitate to contact myself. Regards, Jack Lewis B.Sc Hons UNSW M.Plan Otago RPIA Planner/Director Pivotal Perspective Pty Ltd 0406 334 227