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Minor Change Development Application - MCU24-0143

of 6
Project Ref: 260615




02 July 2026


Noosa Shire Council
PO Box 141
Tewantin QLD 4565


Application for a Minor Change to Minor Change to Development Permit MCU24/0143
(Council Ref – MCU24/0143)

Address: 637 Black Mountain Road, Black Mountain

Formal Land Reference: Lot 2 on RP167390


This correspondence forms part of an Application for a Minor Change to Development Permit
MCU24/0143 (Minor Change to Development Permit MCU24/0143), which was approved by
Council on 22/09/2025.


This Development Application has been lodged on behalf of ‘Josephus Martinus Veraa and Heidi
Ann De Wald’. In support of this application please, the following documentation is provided:
    -    Completed PA Form 5; and,
    -    Amended Proposal Plans, prepared by Duncon Homes (Attachment 1).


Background/Introduction
Development Permit MCU24/0143 permitted the use of 637 Black Mountain Road, Black
Mountain (Lot 2 on RP167390) for Short Term Accommodation (2 Cabins). As per the approved
plans, the cabins are positioned on the northern section of the site and exist on the property
(including prior to lodgement of the application). Council approved the Development Permit on
22/09/2025.


As part of the Development Permit, the following notable Conditions were applied:
    •    Condition 5 (Plumbing and Building Finals) - Prior to the commencement of the use, a
         copy of the plumbing and building finals are to be submitted to the Development
         Assessment Branch.
    •    Condition 6 (Number of Bedrooms) - The total number of bedrooms that are available for
         guest accommodation must not exceed 3.

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Page 2

Post the approval, the applicant has explored the prospects of obtaining Building and Plumbing
Approval for the structures, as required under Condition 5 of Development Permit MCU24/0143.


A building certifier was consulted through the process, with it being identified that the structures
are not able to meet energy efficiency, bushfire and waste management requirements under the
National Construction Code.


Noting the inability of the structures to meet the National Construction Code, this application
seeks approval for two (2) permanent modular buildings in the same location as the existing
structures. It is proposed that these structures be staged with the northern cabin (Cabin 1)
presenting stage 1 and the southern cabin (Cabin 2) presenting stage 2.




Figure 1 Extract of Modified Proposal Plans (Source: Duncon Homes)


Both Cabins 1 and 2 contain the same floor plan, with Figure 2 below demonstrating the floor
plan as containing a single bedroom, as well as a combined kitchen, living and dining area. The
structures contains a Gross Floor Area of 46.48m2, with a deck (~30m2) proposed in addition to
the internal living areas.


The proposed cabins are modular (high-set) structures and contain a height of approximately 4
metres above ground level. As demonstrated in Figure 3 below, the façade of the structures
comprises of horizontal weatherboard cladding, pitched skillion roof forms and will be finished
with muted earthy tones.

Page 3

Figure 2 Extract of Cabin Floor Plan (Source: Duncon Homes)




Figure 3 Extract of Front and Rear Elevation (Source: Duncon Homes)


In terms of access and site works, the proposed structures are located in the same position as
the existing structures and will retain the existing sealed vehicle access and gravel hardstand
parking areas that are located in front of the existing structures (as shown in Figure 4 below)

Page 4

Figure 4 Demonstration of Existing Vehicle Access and Open Parking Area (Source: Nearmap)



Proposed Change
This change application seeks both changes to the approved plans, as well as modifications to
the development permit conditions. Table 1 below details the proposed modifications to the
approved plans, with the proposed modifications to the conditions detailed below.


Table 1 Proposed Modifications to Approved Plans
 Approved Plans and Documents
 Plan No.    Rev.   Plan/Document Name                                           Date
 AO1         A      Site Plan prepared by RG Strategic                           01/04/2025
 A11         A      Cabin Carparking prepared by RG Strategic                    01/04/2025
 Cabin 1
 A1.1        B      Floor Plan prepared by Entire Design Solutions               02/05/2025
 A2.1        B      Elevations prepared by Entire Design Solutions               30/05/2025
 A2.2        B      3D Elevations prepared by Entire Design Solutions            24/10/2025
 A3.3        B      Sections prepared by Entire Design Solutions                 12/09/2025
 -           B      Deck plan – tiny house 1 provided by Applicant               7/11/2025
 Cabin 2
 5           -      Ground Floor Plan provided by Applicant                      -
 7           -      Loft Floor provided by Applicant                             -
 15          -      South Elevation provided by Applicant                        -
 17          -      North Elevation provided by Applicant                        -
 19          -      East.West Elevations provided by Applicant
 27          -      3D Render provided by Applicant                              -

Page 5

 -             -      Deck Plan – tiny house 2 provided by Applicant                -
 101           A      General Notes, Prepared by Duncon Homes                       1/07/2026
 103           A      Site Plan, Prepared by Duncon Homes                           1/07/2026
 103           A      Site Plan, Prepared by Duncon Homes                           1/07/2026
 104           A      Floor Plan, Prepared by Duncon Homes                          1/07/2026
 105           A      Elevations, Prepared by Duncon Homes                          1/07/2026


In terms of the changes to the conditions, the following modification is proposed to be made to
Condition 6 to reflect the number of bedrooms associated with the plans.


     •   Condition 6 (Number of Bedrooms) - The total number of bedrooms that are available for
         guest accommodation must not exceed 3 2.


In addition to this, it is proposed that the development is staged, with the northern cabin (Cabin
1) be delivered as Stage 1, with the southern cabin (Cabin 2) being delivered as Stage 2. It is
requested that Council apply a condition to permit the staged approach of the cabins.


Legislative Context and Assessment of Development Application
This Change to Development Permit is lodged in accordance with Section 78 and 79 of the
Planning Act 2016.


It is our view that the proposed development satisfies the definition of a ‘Minor Change’ in
accordance with the definitions of Schedule 2 of the Planning Act 2016, on the following basis:
     -   The development would not, as a result of the change, result in prohibited development,
         or require further referral to a referral agency; or,
     -   The change to the development in would not trigger the need for public notification.


The proposed development will not result in ‘Substantially Different Development’ as defined
within Schedule 1 of the Development Assessment Rules, with the development not resulting in:
     -   The introduction of a new use, or apply to a new parcel of land;
     -   A dramatic change to the built form, scale, bulk and appearance, noting that that this
         change retains two (2) small scale short term accommodation cabins on the site;
     -   The removal of a component that is integral to the operation of the development; and,
     -   Impacts to road or service infrastructure or result in new impacts or increase the severity
         of known impacts.


Accordingly, the development constitutes the Minor Change test and should be progressed in
accordance with Section 78 and 79 of the Planning Act 2016.

Page 6

Application Assessment
The originating application was assessed against the Noosa Plan 2020, which is still in effect at
the time of this application.


In assessing the application, the proposed change to the built form requires consideration
against the following development codes:
    1.   Rural Zone Code; and,
    2.   Visitor Accommodation Code.


In terms of compliance with the codes, the proposed modified structures are in the same location
as that permitted under Development Permit MCU24/0143, the modified structures presents a
reduction in the number of bedrooms, does not exceed building height, encroach on building
setbacks and does not change the way upon which the structures will operate.


Accordingly, the proposed change maintains compliance with the approved outcome and
therefore is deemed consistent with the applicable development codes detailed above, with
further assessment against the development codes not required as part of this application.


Summary
This Minor Change Application seeks approval for modified buildings from that approved under
Development Permit MCU24/0143.


The proposed change does not alter the manner in which the use operates, results in a dramatic
variation to the bulk and scale of the approved structures and maintains the same location,
access and parking arrangements. Therefore, the proposed outcome should be supported by
Council without variation.


Should you have any questions regarding the application please contact our office.


Kind Regards,




Michael Lyell
Director
URBN Town Planning

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