Council archive · source document
Minor Change Report MCU21 0231 02 (As Published) · MCU21/0231.02
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
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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
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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))
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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’.
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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
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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;
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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.
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Figure 5 – Approved Elevation as per MCU21/0231
Figure 6 – Proposed Screening Change
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Figure 7 – Katharina Street Frontage
Figure 8 – Standing on terrace of Unit K1
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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
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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
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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
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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).
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