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Minor Change Report MCU22 0140 01 (As Published) · MCU22/0140.01

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Development Planner, Cameron Smith
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                   MCU22/0140.01

                  Development Approval              Development Permit for Material Change of Use - Multiple
                                                    Dwelling (4 units)

                  Applicant                         Robyn Lynette Kildey
                                                    C/- Murray & Associates (Qld) Pty Ltd

                  Request Received On               11 December 2024

                  Further Advice Request Sent       7 February 2025

                  Further Advice Response           21 March 2025 (1 of 2)
                  Received
                                                    3 June 2025 (2 of 2)

                  Report Reviewed By                G.Schramm 5.6.2025

                  Decision Due Date                 24 January 2025


                  PROPERTY DETAILS

                  Property Address                  7 Ruby St Cooroy

                  RP Description                    Lot 616 C56014

                  Land Area                         1012m2

                  Existing Use of Land              Dwelling House


                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              Medium Density Residential Zone

                  Precinct                          Not Applicable

                  Local Area Plan                   Cooroy Local Plan Area

                  Overlays                          Not Applicable

                  Assessment Type                   Minor Change to Development Approval



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Document Set ID: 23418924
Version: 0, Version Date: 01/01/1900
Full text of the other 9 pages

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               1.     PROPOSAL
               The applicant seeks approval to make a change to an existing development approval for a
               Development Permit for Material Change of Use - Multiple dwelling (4 units).
               The proposal includes changes to the landscaping design (the ‘proposed development’) at 7 Ruby
               Street, Cooroy (the ‘subject site’).
               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




                                                    Figure 2 – Landscape Plan




                                               Figure 3 – Landscape (Planting) Plan

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                                                 Figure 4 – Planting Schedule


               2.     BACKGROUND
               A development approval for a Development Permit for Material Change of Use - Multiple dwelling
               (4 units) was approved on 14 December 2022.
               The minor change application (ref: MCU22/0140.01) was lodged on 11 December 2024 to request
               changes to landscaping conditions.
               A further advice request was issued on 7 February 2025 and was subsequently responded to in
               part on 21 March 2025 and in full 3 June 2025.




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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 (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:
               •      Does not involve a new use; or
               •      dramatically change the built form in terms of scale, bulk and appearance; or
               •      change the ability of the proposed development to operate as intended; or
               •      remove a component that is integral to the operation of the development; or
               •      significantly impact on traffic flow and the transport network, such as increasing traffic to
                      the site; or
               •      introduce new impacts or increase the severity of known impacts; or
               •      remove an incentive or offset component that would have balanced a negative impact of
                      the development; or
               •      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 under the current Noosa Plan 2020 (the ‘planning scheme’).
               The following codes from Noosa Plan 2020 are applicable to this development:
               •      Medium Density Residential Zone Code;
               •      Cooroy Local Plan Code;
               •      Dual Occupancy and Multiple Dwelling Code; and
               •      Works Codes.




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               The relevant provisions requiring assessment are provided in the table below.

                    Criteria                    Planning Scheme      Approved           Proposed             Complies

                    Landscaped open space       Min 35% of site 43% (436.5m2)           47% (478m²)          
                                                (354m²)

                    Soft landscaping                                                    >60% of         total 
                                                min 60% of total                        (318.5m2)
                                                                 >60% of total
                                                (212m2)


               Existing Condition 2
                       Approved Plans
               2.      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

                          -            B    Site Plan, prepared by Ausmar                        25/10/22

                          -            B    Floor Plan Unit 1-2, prepared by Ausmar              25/10/22

                          -            B    Elevations Unit 1-2, prepared by Ausmar              25/10/22

                                       B    Sections, prepared by Ausmar                         25/10/22

                          -            B    Floor Plan Unit 3-4, prepared by Ausmar              25/10/22

                          -            B    Elevations Unit 3-4, prepared by Ausmar              25/10/22

                                       B    Sections, prepared by Ausmar                         25/10/22

                          -            B    Landscaping, prepared by Ausmar                      25/10/22


               Applicant’s Request
               As part of the ‘proposed change’ the landscape plan in the below table is to be replaced by the
               new landscape plan. The applicant has requested existing condition 2 be amended and replaced
               with the following amended condition:
                       Approved Plans
               2.      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

                          -            B    Site Plan, prepared by Ausmar                        25/10/22

                          -            B    Floor Plan Unit 1-2, prepared by Ausmar              25/10/22

                          -            B    Elevations Unit 1-2, prepared by Ausmar              25/10/22


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                                       B    Sections, prepared by Ausmar                           25/10/22

                         -             B    Floor Plan Unit 3-4, prepared by Ausmar                25/10/22

                         -             B    Elevations Unit 3-4, prepared by Ausmar                25/10/22

                                       B    Sections, prepared by Ausmar                           25/10/22

                         -             B    Landscaping, prepared by Ausmar                        25/10/22

                         -             -    Landscape Plan                                         20/3/25


               Assessment of Request
               The proposed landscape plan meets the requirements for the Acceptable Outcome AO10.2 of Dual
               Occupancy and Multiple Dwelling Code and as such is generally supported. Council annotations
               on the plan will be included to ensure specifications of conditions are highlighted. Additional plans
               provided during the further advice response will be provided also, these include the Landscape
               Supplementary (Planting) Plan and the Landscape Species List.
               Recommendation
               It is recommended existing condition 2 be amended to read as follows:
                      Approved Plans
               2.     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

                         -             B    Site Plan, prepared by Ausmar                          25/10/22

                         -             B    Floor Plan Unit 1-2, prepared by Ausmar                25/10/22

                         -             B    Elevations Unit 1-2, prepared by Ausmar                25/10/22

                                       B    Sections, prepared by Ausmar                           25/10/22

                         -             B    Floor Plan Unit 3-4, prepared by Ausmar                25/10/22

                         -             B    Elevations Unit 3-4, prepared by Ausmar                25/10/22

                                       B    Sections, prepared by Ausmar                           25/10/22

                         -             B    Landscaping, prepared by Ausmar                        25/10/22

                         -             -    Landscape Plan                                         20/3/25

                         -             -    Landscape Supplementary (Planting) Plan                -

                         -             -    Landscape Species List                                 -




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               Existing Condition 29
               29.    The development site must be landscaped generally in accordance with the concept plan
                      prepared by Ausmar (Issue B Landscaping, prepared by Ausmar). The works must be
                      undertaken in accordance with an Operational Works approval and the Noosa Plan PSP2 –
                      Landscaping for this specific area and must include in particular:
                       a.      Front fences or walls must be set back an average of 1 metre and articulated, stepping
                               the design at a maximum of 5m intervals;
                       b.      An average 1 metre wide landscaping strip along the both road frontages exclusive of
                               the access driveway and generally uncompromised by infrastructure items;
                       c.      Screening landscaping for side boundaries must include screening plants which grow
                               to a minimum height of 4m at maturity and provided at maximum 1.5m centres. Palms
                               are not permitted to be utilised for screening;
                       d.      Provision of 4 x 45 litre street trees (2 on each frontage);
                       e.      Appropriate species that meet PSP2 – Landscaping policy or endemic to Noosa;
                       f.      No use of synthetic turf;
                       g.      Adequate vegetative screening of tanks.


               Applicant’s Request
               The applicant has requested existing condition 29 be amended and replaced with the following
               amended condition:
               29.    The development site must be landscaped generally in accordance with the concept plan
                      prepared by Ausmar (Issue B Landscaping, prepared by Ausmar) KoPLAN (Landscape
                      Plan, prepared by KoPLAN). The works must be undertaken in accordance with an
                      Operational Works approval and the Noosa Plan PSP2 – Landscaping for this specific area
                      and must include in particular:
                      a.      Front fences or walls must be set back an average of 1 metre and articulated, stepping
                              the design at a maximum of 5m intervals;
                      b.      An average 1 metre wide landscaping strip along the both road frontages exclusive of
                              the access driveway and generally uncompromised by infrastructure items;
                      c.      Screening landscaping for side boundaries must include screening plants which grow
                              to a minimum height of 4m at maturity and provided at maximum 1.5m centres. Palms
                              are not permitted to be utilised for screening;
                      d.      Provision of 4 x 45 litre street trees (2 on each frontage);
                      e.      Appropriate species that meet PSP2 – Landscaping policy or endemic to Noosa;
                      f.      No use of synthetic turf;
                      g.      Adequate vegetative screening of tanks.


               Assessment of Request
               Acceptable Outcome AO10.2 of the Dual Occupancy and Multiple Dwelling Code requires that
               Landscaping is provided to a minimum of 40% of the site area and 60% of this is soft landscaping.
               The applicants request to change indicates that the submitted information identifies that the
               proposed landscaping still complies with the minimum overall landscaping percentage and also
               complies with the accepted ratio of hard vs soft landscaping as identified within the planning
               scheme.



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                                                    Figure 5 – Landscaping Calculations

               The total landscaping area for the proposed development is 477.46m2 (49%) of which the hard
               landscaping makes up 158.93m2 (16% of the site) and soft landscaping making up 318.53m2 (33%
               of site or 67% of total landscaping). Thus, the proposal meets the outcomes of Acceptable
               Outcome AO10.2 of the Dual Occupancy and Multiple Dwelling Code.
               The requirement to undertake an Operational Works approval to authorise the work was
               considered unreasonable given the current operational works (OPW23/0013) never approved
               landscaping plans. As such, it is recommended that the landscaping works be undertaken as part
               of the minor change approval.


               Recommendation
               It is recommended existing condition 29 be amended to read as follows:
               29.    The development site must be landscaped generally in accordance with the concept plan
                      prepared by Ausmar (Issue B Landscaping, prepared by Ausmar). The works must be
                      undertaken in accordance with an Operational Works approval approved Landscape Plan,
                      Landscape Supplementary (Planting) Plan and the Landscape Species List and the
                      Noosa Plan PSP2 – Landscaping for this specific area and must include in particular:
                      a.      Front fences or walls must be set back an average of 1 metre and articulated, stepping
                              the design at a maximum of 5m intervals;
                      b.      An average 1 metre wide landscaping strip along the both road frontages exclusive of
                              the access driveway and generally uncompromised by infrastructure items;
                      c.      Screening landscaping for side boundaries must include screening plants which grow
                              to a minimum height of 4m at maturity and provided at maximum 1.5m centres. Palms
                              are not permitted to be utilised for screening;
                      d.      Provision of 4 x 45 litre street trees (2 on each frontage);
                      e.      Appropriate species that meet PSP2 – Landscaping policy or endemic to Noosa;
                      f.      No use of synthetic turf;
                      g.      Adequate vegetative screening of tanks.




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               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •     Senior Environment Officer, Development Assessment
               The submitted landscaping design and associated supporting material suitably achieves the intent
               of the relevant codes and is supported by the Senior Environment Officer.
               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.




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               RECOMMENDATION
               With regard to Application No. MCU22/0140.01 to make a minor change to an existing approval
               for a Development Permit for Material Change of Use - Multiple dwelling (4 units) situated at 7
               Ruby St Cooroy and described as Lot 616 C56014, Council on 5 June 2024 decided to:
               A.     Approve the change.
               B.     Amend conditions 2 & 29 to read as follows:
                      Approved Plans
               2.     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

                           -           B       Site Plan, prepared by Ausmar                        25/10/22

                           -           B       Floor Plan Unit 1-2, prepared by Ausmar              25/10/22

                           -           B       Elevations Unit 1-2, prepared by Ausmar              25/10/22

                                       B       Sections, prepared by Ausmar                         25/10/22

                           -           B       Floor Plan Unit 3-4, prepared by Ausmar              25/10/22

                           -           B       Elevations Unit 3-4, prepared by Ausmar              25/10/22

                                       B       Sections, prepared by Ausmar                         25/10/22

                           -           -       Landscape Plan                                       20/3/25

                           -           -       Landscape Supplementary (Planting) Plan              -

                           -           -       Landscape Species List                               -


                      Landscaping Works
               29.    The development site must be landscaped generally in accordance with the approved
                      Landscape Plan, Landscape Supplementary (Planting) Plan and the Landscape Species List
                      and the Noosa Plan PSP2 – Landscaping for this specific area and must include in particular:
                      a.       Front fences or walls must be set back an average of 1 metre and articulated, stepping
                               the design at a maximum of 5m intervals;
                      b.       An average 1 metre wide landscaping strip along the both road frontages exclusive of
                               the access driveway and generally uncompromised by infrastructure items;
                      c.       Screening landscaping for side boundaries must include screening plants which grow
                               to a minimum height of 4m at maturity and provided at maximum 1.5m centres. Palms
                               are not permitted to be utilised for screening;
                      d.       Provision of 4 x 45 litre street trees (2 on each frontage);
                      e.       Appropriate species that meet PSP2 – Landscaping policy or endemic to Noosa;
                      f.       No use of synthetic turf;
                      g.       Adequate vegetative screening of tanks.


                                                                                                        Page 10 of 10

Document Set ID: 23418924
Version: 0, Version Date: 01/01/1900

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