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