Minor Change Report MCU21 0171 01 [As Published] · MCU21/0171.01

               •      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 following codes from the Noosa Plan 2020 are applicable to this development:
               •      Low Density Residential Zone Code;
               •      Low Density Housing Code; and
               •      Scenic Amenity and Coastal Protection Overlay Code.


               Side Setbacks
               Acceptable Outcome AO9.3 of the Low Density Residential Zone Code states:
               AO9.3 Buildings and structures meet the following minimum setbacks to boundaries other than
                     road frontages and rear boundaries:
                          a.      1.5 metre setback up to 4.5 metres height;
                          b.      2 metres setback between 4.5 metres and 7.5 metres height; and
                          c.      2.5 metres if above 7.5 metres height.
               The applicant is proposing 1.5 metre setback to the northern side boundary and as such does
               not comply with AO9.3 of the Low Density Residential Zone Code. The proposal is therefore
               required to comply with corresponding Performance Outcome PO9 of the Low Density Residential
               Zone Code, which states:
               PO9        Buildings and structures are designed and sited to:
                          d.      provide a high level of amenity to users of the subject site and adjoining premises,
                                  including provision of visual and acoustic privacy and access to sunlight;
                          e.      not unreasonably obstruct views or cause overlooking of private open space or
                                  habitable areas of adjoining premises;
                          f.      provide adequate distance from adjoining land uses;
                          g.      preserve existing vegetation that will help buffer development;
                          h.      allow for space and landscaping to be provided between buildings including
                                  adequate area at ground level for landscaping with trees, shrubs and outdoor living;
                          i.      be consistent with the predominant character of the streetscape; and
                          j.      protect the natural character and avoid adverse impacts on ecologically important
                                  areas such as national parks, waterways and wetlands.


               Side Setbacks
               The applicant requests a northern side boundary setback of 1.5 metres for the full height of the
               northern façade of the dwelling.
               The Approved Plans dated 9 June 2022 allowed for a northern side boundary setback of 1.86
               metres. The applicant submits the reduced side boundary setback to 1.5 metres is acceptable for
               the following reasons;
               1. A high level of amenity is maintained to the proposed dwelling and adjoining premises as a result
               of the side setback. The dwelling is a high quality built form that achieves substantial compliance
               with the relevant design criteria.

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Document Set ID: 23037041
Version: 7, Version Date: 10/03/2025