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Minor Change Report MCU21 0231 02 (As Published) · MCU21/0231.02

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Senior Development Planner, Georgina Schramm
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                   MCU21/0231.02

                  Development Approval              Development Permit for Material Change of Use – Multiple
                                                    Dwelling (8 units)

                  Applicant                         Mark Bain Constructions Pty Ltd C/- Pivotal Perspectives Pty
                                                    Ltd

                  Request Received On               28 August 2025

                  Report Reviewed By                Nadine Gorton 9.09.2025

                  Decision Due Date                 25 September 2025


                  PROPERTY DETAILS

                  Property Address                  10 Natasha Ave Noosa Heads Qld 4567
                                                    24 Katharina St Noosa Heads Qld 4567

                  RP Description                    Lot 135 RP 92518
                                                    Lot 2 RP 122891

                  Land Area                         1,523m²
                                                    516m²

                  Existing Use of Land              Residential


                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              Medium Density Residential

                  Precinct                          Not applicable

                  Local Area Plan                   Noosa Heads

                  Overlays                          Bushfire Hazard
                                                    Landslide Hazard

                  Assessment Type                   Minor Change to Development Approval



                                                                                                    Page 1 of 13

Document Set ID: 24102514
Version: 5, Version Date: 09/09/2025
Full text of the other 12 pages

Page 2

               1.       PROPOSAL
               The applicant seeks approval to change an existing development approval to seek retrospective
               approval of the following items identified through a compliance inspection:
                    •    Condition 20 (d) – landscaping hasn’t been provided with species to a height of 5m at
                         maturity.
                    •    Removal of landscaped podium joining units K1-K3. While this is shown on the operational
                         works plans, this is not a small construction change, this is a design/structural change and
                         should be appropriately captured through a change.
               The submitted plans have also included the deletion and relocation of screens along the western
               elevation of Units K1, K2 & K3. No written information has been provided in support of this change.
               The applicant also submitted annotations on plan C3.4 relating to Units N1 & N2 Eastern & Western
               Elevations with annotation detailing “screen as drawn”. This appears to have been included in error
               as there are no detailed changes, Plan 3.4 will remain unchanged.
               The locality and proposal plan are included below.




                                                          Figure 1 – Locality




                                                                                                       Page 2 of 13

Document Set ID: 24102514
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                                       Figure 2 – Area of change, removal of landscaped podium over lower level




                                       Figure 3 – Proposed K1, K2 and K3 Eastern and Western Elevation Change
                          (Note : Council Approved Plan stamp has been intentionally crossed out to ensure clarity))

                                                                                                                  Page 3 of 13

Document Set ID: 24102514
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Page 4

                                       Figure 4 – Detailed Annotation of N1 & N2 Western & Eastern Elevation
                          (Note : Council Approved Plan stamp has been intentionally crossed out to ensure clarity))


               2.       BACKGROUND
               A development approval for a Material Change of Use – Multiple dwellings for the purpose of 8
               units, 6 of which are small dwelling units and the remaining 2 units being greater than 100m2, was
               approved on 31 September 2022.
               A Minor Change Approval was issued on 13 April 2023, for the purpose of:
                    •    incorporating voids into design of Units K1, K2 and K3 as the current design results in a
                         higher building classification and associated fire requirements. The inclusion of the voids
                         reduces the need for a Class 2 Building. A variation to the approved plans listed in Condition
                         2 is requested.
                    •    Change Condition 5 to detail that the 2 lots are not necessary to be amalgamated prior to
                         the commencement of the use rather than prior to development permit for operational
                         works.
               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’.

                                                                                                               Page 4 of 13

Document Set ID: 24102514
Version: 5, Version Date: 09/09/2025

Page 5

               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 as the proposal does
                      not:
                      o     involve a new use; or
                      o     result in the application applying to a new parcel of land; or
                      o     dramatically change the built form in terms of scale, bulk and appearance; or
                      o     change the ability of the proposed development to operate as intended; or
                      o     remove a component that is integral to the operation of the development; or
                      o     significantly impact on traffic flow and the transport network, such as increasing traffic
                            to the site; or
                      o     introduce new impacts or increase the severity of known impacts; or
                      o     remove an incentive or offset component that would have balanced a negative impact
                            of the development; or
                      o     impact on infrastructure provisions.
               •      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 Noosa Plan 2020 (v. 25 September 2020) are applicable to this
               development:
               •      Medium Density Residential Zone Code;
               •      Noosa Heads Local Plan Code;
               •      Dual Occupancy and Multiple Dwelling Code;
               •      Works Codes;
               •      Landslide Hazard Overlay Code;
               •      Bushfire Hazard Overlay Code.
               The original development permit was decided under the Noosa Plan 2020 (v. 25 September 2020)
               which remains in place today.
               Existing Condition 2
                      Approved Plans
               20.    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

                        S1.0                  -    Site Plan prepared by Chris Clout Design 2 February 2023

                        S1.3                  -    Landscaping prepared by Chris Clout 2 February 2023
                                                   Design

                        C1.0                  -    K1, 2 & 3 Basement Plan prepared by 2 February 2023
                                                   Chris Clout Design




                                                                                                        Page 5 of 13

Document Set ID: 24102514
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Page 6

                        C1.1                  -   K1, 2 & 3 GF Plan prepared by Chris 2 February 2023
                                                  Clout Design

                        C1.2                  -   K1, 2 & 3 UF Plan prepared by Chris 2 February 2023
                                                  Clout Design

                        C1.4                  -   K1, 2 & 3 Elevations prepared by Chris 19 August 2022
                                                  Clout Design

                        C1.5                  -   K1,2 & 3 Elevations prepared by Chris 19 August 2022
                                                  Clout Design

                        C1.6                  -   K1, 2 & 3 Sections prepared by Chris 2 February 2023
                                                  Clout Design

                        C2.0                  -   K4, 5 & 6 GF Plan prepared by Chris 19 August 2022
                                                  Clout Design

                        C2.1                  -   K4, 5 & 6 UF Plan prepared by Chris 19 August 2022
                                                  Clout Design

                        C2.2                  -   K4 Elevations prepared by Chris Clout 19 August 2022
                                                  Design

                        C2.3                  -   K5 & 6 Elevations prepared by Chris 19 August 2022
                                                  Clout Design

                        C2.4                  -   K4, 5 & 6 Sections prepared by Chris 19 August 2022
                                                  Clout Design

                        C3.0                  -   N1 & N2 LF Plan prepared by Chris Clout 19 August 2022
                                                  Design

                        C3.1                  -   N1 & N2 GF Plan prepared by Chris Clout 19 August 2022
                                                  Design

                        C3.2                  -   N1 & N2 UF Plan prepared by Chris Clout 19 August 2022
                                                  Design

                        C3.3                  -   N1 & N2 Elevations prepared by Chris 19 August 2022
                                                  Clout Design

                        C3.4                  -   N1 & N2 Elevations prepared by Chris 19 August 2022
                                                  Clout Design

                        C3.5                  -   N1 & N2 Sections prepared by Chris 19 August 2022
                                                  Clout Design

               Existing Condition 20
                      Landscaping Works
               21.    The works must be undertaken in accordance with an Operational Works approval and
                      associated revised Landscaping Plan, the Noosa Plan and Planning Scheme Policy PSP2 -
                      Landscaping for that specific area and must include in particular:
                      a.      the works shown on the approved Landscaping Plan;


                                                                                               Page 6 of 13

Document Set ID: 24102514
Version: 5, Version Date: 09/09/2025

Page 7

                      b.      a 1 metre wide landscaping strip within the Lot, along the Natasha Avenue and
                              Katharina Street road frontage of the subject site, exclusive of the access driveway,
                              generally uncompromised by infrastructure items;
                      c.      provision of 2 x 100 litre pot size street trees within the road reserve of both Natasha
                              Avenue and Katharina Street frontages.
                      d.      screening landscaping for the full length of all boundaries including screening plants
                              which grow to a minimum height of 5m at maturity and provided at maximum 1.5m
                              centres. The screening plants must have a minimum pot size of 200mm.
               Applicant’s Request
               The applicant has not provided any supporting information to justify the proposed change, despite
               Council’s prior correspondence identifying the areas of variation.
               Assessment of Request
               As identified at the time of inspection, the development has points of variation which do not
               generally comply with the approved plans and does not fulfil condition 20(d) of the development
               permit including:
                    1) Removal of landscaped podium adjoining Units K1-K3
                    2) inground landscaping species that will not achieve a minimum height of 5 metres.
                    3) Amendment to screening devices as detailed in the K1-K3 Units eastern and western
                       elevations.


               Landscaped podium
               The applicant verbally indicated that the change was required in accordance with the building
               classification. The change has resulted in a reduction of site coverage for the mid-level. Privacy
               between units has been upheld.
               Agree to amend the approved plans..


               Changes to inground species & screening
               The proposed inground species are not capable of achieving a height of 5 metres at maturity.
               Consequence of the retaining wall structures the width available for landscaping is marginal, refer
               to Figure 8.
               On inspection it was clear that the plantings along the southern boundary were not going to serve
               the condition’s purpose. Through amendments to screening on this elevation, the levels of privacy
               between premises are upheld considering the medium density zoning of the premises. The joining
               of the screens as shown by Figure 6 prove more effective that the 3 isolated screens previously
               approved.




                                                                                                        Page 7 of 13

Document Set ID: 24102514
Version: 5, Version Date: 09/09/2025

Page 8

                                       Figure 5 – Approved Elevation as per MCU21/0231




                                            Figure 6 – Proposed Screening Change




                                                                                         Page 8 of 13

Document Set ID: 24102514
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Page 9

                                         Figure 7 – Katharina Street Frontage




                                       Figure 8 – Standing on terrace of Unit K1

                                                                                   Page 9 of 13

Document Set ID: 24102514
Version: 5, Version Date: 09/09/2025

Page 10

               Recommendation
               It is recommended existing conditions 2 and 20 be amended to read as follows:
                      Approved Plans
               22.    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

                        S1.0                -    Site Plan prepared by Chris Clout Design 2 February 2023

                        S1.3                -    Landscaping prepared by Chris Clout 2 February 2023
                                                 Design

                        C1.0                -    K1, 2 & 3 Basement Plan prepared by 2 February 2023
                                                 Chris Clout Design

                        C1.1                B    K1, 2 & 3 GF Plan prepared by Chris 2 February 2023
                                                 Clout Design
                        W9.1                                                         (resubmitted with
                                                                                     amendments on
                                                                                     28 August 2025)

                        C1.2                -    K1, 2 & 3 UF Plan prepared by Chris 2 February 2023
                                                 Clout Design

                        C1.4                -    K1, 2 & 3 Elevations prepared by Chris 19 August 2022
                                                 Clout Design

                        C1.5                -    K1,2 & 3 Elevations prepared by Chris 19 August 2022
                                                 Clout Design
                                                                                       (resubmitted with
                                                 Annotated by Council                  amendments on
                                                                                       28 August 2025)

                        C1.6                -    K1, 2 & 3 Sections prepared by Chris 2 February 2023
                                                 Clout Design

                        C2.0                -    K4, 5 & 6 GF Plan prepared by Chris 19 August 2022
                                                 Clout Design

                        C2.1                -    K4, 5 & 6 UF Plan prepared by Chris 19 August 2022
                                                 Clout Design

                        C2.2                -    K4 Elevations prepared by Chris Clout 19 August 2022
                                                 Design

                        C2.3                -    K5 & 6 Elevations prepared by Chris 19 August 2022
                                                 Clout Design

                        C2.4                -    K4, 5 & 6 Sections prepared by Chris 19 August 2022
                                                 Clout Design

                        C3.0                -    N1 & N2 LF Plan prepared by Chris Clout 19 August 2022
                                                 Design

                                                                                                   Page 10 of 13

Document Set ID: 24102514
Version: 5, Version Date: 09/09/2025

Page 11

                        C3.1                   -     N1 & N2 GF Plan prepared by Chris Clout 19 August 2022
                                                     Design

                        C3.2                   -     N1 & N2 UF Plan prepared by Chris Clout 19 August 2022
                                                     Design

                        C3.3                   -     N1 & N2 Elevations prepared by Chris 19 August 2022
                                                     Clout Design

                        C3.4                   -     N1 & N2 Elevations prepared by Chris 19 August 2022
                                                     Clout Design

                        C3.5                   -     N1 & N2 Sections prepared by Chris 19 August 2022
                                                     Clout Design



                      Landscaping Works
               20.    The works must be undertaken in accordance with an Operational Works approval and
                      associated revised Landscaping Plan, the Noosa Plan and Planning Scheme Policy PSP2 -
                      Landscaping for that specific area and must include in particular:
                      a.      the works shown on the approved Landscaping Plan;
                      b.      a 1 metre wide landscaping strip within the Lot, along the Natasha Avenue and
                              Katharina Street road frontage of the subject site, exclusive of the access driveway,
                              generally uncompromised by infrastructure items;
                      c.      provision of 2 x 100 litre pot size street trees within the road reserve of both Natasha
                              Avenue and Katharina Street frontages.
                      d.      screening landscaping for the full length of all boundaries including screening plants
                              which grow to a minimum height of 5m at maturity and provided at maximum 1.5m
                              centres. The screening plants must have a minimum pot size of 200mm (except where
                              shown along the driveway from Natasha Avenue, and adjacent to Unit K1 on the
                              southern boundary).


               Note: The applicant also submitted annotations on plan C3.4 relating to Units N1 & N2 Eastern &
               Western Elevations with annotation detailing “screen as drawn”. This appears to have been
               included in error as there are no detailed changes, Plan 3.4 will remain unchanged.


               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.
               The report is provided in accordance with Section 83(9) of the Planning Act 2016.
               RECOMMENDATION

                                                                                                       Page 11 of 13

Document Set ID: 24102514
Version: 5, Version Date: 09/09/2025

Page 12

               With regard to Application No. MCU21/0231.02 to make a minor change to an existing approval
               for Material Change of Use for the purpose of Multiple Dwelling (8 units) situated at 10 Natasha
               Ave & Katharina St Noosa Heads Qld 4567 and described as Lot 2 RP 122891 & Lot 135 RP
               92518, Council on 9 September 2025 decided to:
               A.     Approve the change.
               B.     Amend conditions 2 & 20 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

                        S1.0                 -     Site Plan prepared by Chris Clout Design 2 February 2023

                        S1.3                 -     Landscaping prepared by Chris Clout 2 February 2023
                                                   Design

                        C1.0                 -     K1, 2 & 3 Basement Plan prepared by 2 February 2023
                                                   Chris Clout Design

                        W9.1                 B     K1, 2 & 3 GF Plan prepared by Chris 2 February 2023
                                                   Clout Design
                                                                                       (resubmitted with
                                                                                       amendments on
                                                                                       28 August 2025)

                        C1.2                 -     K1, 2 & 3 UF Plan prepared by Chris 2 February 2023
                                                   Clout Design

                        C1.4                 -     K1, 2 & 3 Elevations prepared by Chris 19 August 2022
                                                   Clout Design

                        C1.5                 -     K1,2 & 3 Elevations prepared by Chris 19 August 2022
                                                   Clout Design
                                                                                         (resubmitted with
                                                   Annotated by Council                  amendments on
                                                                                         28 August 2025)

                        C1.6                 -     K1, 2 & 3 Sections prepared by Chris 2 February 2023
                                                   Clout Design

                        C2.0                 -     K4, 5 & 6 GF Plan prepared by Chris 19 August 2022
                                                   Clout Design

                        C2.1                 -     K4, 5 & 6 UF Plan prepared by Chris 19 August 2022
                                                   Clout Design

                        C2.2                 -     K4 Elevations prepared by Chris Clout 19 August 2022
                                                   Design

                        C2.3                 -     K5 & 6 Elevations prepared by Chris 19 August 2022
                                                   Clout Design

                        C2.4                 -     K4, 5 & 6 Sections prepared by Chris 19 August 2022
                                                   Clout Design

                                                                                                   Page 12 of 13

Document Set ID: 24102514
Version: 5, Version Date: 09/09/2025

Page 13

                        C3.0                   -     N1 & N2 LF Plan prepared by Chris Clout 19 August 2022
                                                     Design

                        C3.1                   -     N1 & N2 GF Plan prepared by Chris Clout 19 August 2022
                                                     Design

                        C3.2                   -     N1 & N2 UF Plan prepared by Chris Clout 19 August 2022
                                                     Design

                        C3.3                   -     N1 & N2 Elevations prepared by Chris 19 August 2022
                                                     Clout Design

                        C3.4                   -     N1 & N2 Elevations prepared by Chris 19 August 2022
                                                     Clout Design

                        C3.5                   -     N1 & N2 Sections prepared by Chris 19 August 2022
                                                     Clout Design


                      Landscaping Works
               20.    The works must be undertaken in accordance with an Operational Works approval and
                      associated revised Landscaping Plan, the Noosa Plan and Planning Scheme Policy PSP2 -
                      Landscaping for that specific area and must include in particular:
                      a.      the works shown on the approved Landscaping Plan;
                      b.      a 1 metre wide landscaping strip within the Lot, along the Natasha Avenue and
                              Katharina Street road frontage of the subject site, exclusive of the access driveway,
                              generally uncompromised by infrastructure items;
                      c.      provision of 2 x 100 litre pot size street trees within the road reserve of both Natasha
                              Avenue and Katharina Street frontages.
                      d.      screening landscaping for the full length of all boundaries including screening plants
                              which grow to a minimum height of 5m at maturity and provided at maximum 1.5m
                              centres. The screening plants must have a minimum pot size of 200mm (except where
                              shown along the driveway from Natasha Avenue, and adjacent to Unit K1 on the
                              southern boundary).




                                                                                                       Page 13 of 13

Document Set ID: 24102514
Version: 5, Version Date: 09/09/2025

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