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Minor Change Report 132000 200359 3 · 132000.200359.3
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APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Senior Development Planner, Tara Norley
Development Assessment
APPLICATION DETAILS
Application No. 132000.200359.3
Development Approval Development Permit for Material Change of Use of Premises
for Extensions and Alterations to a Dwelling in Sand Dune
Problem Area
Applicant Star Crest Pty Ltd
Request Received On 21 May 2024
Report Reviewed By Patrick Murphy
23 December 2024
Decision Due Date
PROPERTY DETAILS
Property Address 11 Allambi Rise Noosa Heads Qld 4567
RP Description Lot 65 RP 52918
Land Area 886m2
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Area Plan Noosa Heads
Overlays Landslide Hazard Area (Moderate Hazard Area)
Assessment Type Minor Change to Development Approval
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Document Set ID: 23038130
Version: 5, Version Date: 22/12/2024
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1. PROPOSAL
The applicant seeks a minor change to an existing development approval for a Material Change of
Use of Premises for Extensions and Alterations to a Dwelling in Sand Dune Problem Area. The
proposed changes to the approved plans include:
• Bedroom two to have a changed ensuite and walk in robe,
• Billiards Room converted into two bedrooms,
• Study converted into an additional bedroom, and
• Kitchen to be divided in two for provisions of a Butlers Pantry and a dedicated cooking area.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site
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Figure 3 – Ground Floor Plan
Figure 4 – First Floor Plan
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Figure 5 – Existing Dwelling
2. BACKGROUND
• A Development Permit for Material Change of Use of Premises for Extensions and Alterations
to a Dwelling in Sand Dune Problem Area was issued on 31 March 2001. The application
was for the redeveloping of an existing single detached weather board dwelling consisting of
2 storeys into a larger dwelling consisting of 2 levels and a basement.
• Various correspondences were issued to the owners of the property throughout 2003 and
2004 regarding works carried out to the Dwelling which resulted in a Duplex being
established on the site.
• On 13 December 2007 Council refused a development application for a Material Change of
Use for Multiple Housing Type 4 Conventional for three units.
• A change to the original Development Approval was issued on the 25 November 2010
(132000.200359.2). This change related to the provision of an additional set of stairs to
access the roof from the First Floor. Additionally, the building had had unapproved internal
works carried out to reconfigure the existing floor plans, and as such also required a change
to approved plans to retrospectively approve the changes. It is noted that at the time of this
minor change, there was on oversight during the assessment process whereby it was missed
that the original approval did not approve a Roof Terrace (refer to Figures 8 & 9), with only a
Roof shown on the approved plans. As such, the assessment report did not assess the
addition of the Roof Terrace and any potential impacts of this addition.
Figure 6: 2001 Approval – First Floor Figure 7: 2010 Approval – First Floor
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Figure 8: 2001 Approval – Roof Figure 9: 2010 Approval - Roof
• Inspection of the premises by Council officers on 28 May 2023 found that the house was
operating in breach of the approval 20444 DA and consisted of three individual, self-
contained dwelling units, referenced as 11a, 11b and 11c Allambi Rise. It was also indicated
that the three dwelling units were also individually conducting short term accommodation
without the appropriate Local Law approvals.
Figure 10: 11a (orange), 11b (purple) and 11c (red) Allambi Rise
• A Show Cause notice issued 10 July 2023 concerning the dwelling house operating as three
separate dwelling units contrary to planning approval (20444 DA), and also operating short
term accommodation without the required local law approval.
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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
• The Noosa Plan 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:
• the development would not result in substantially different development as the proposal
includes internal floor plan changes only (ie no change to external built form) and does not
introduce a new use;
• 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 and assessed under the now superseded 1990 Planning
Scheme. The Planning Act 2016 requires minor change applications to be assessed against the
planning scheme in effect at the time of the original application (ie the 1990 scheme), however
Council may give weight to the planning scheme in effect at the time of the minor change
application being lodged (Noosa Plan 2020).
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Low Density Housing Code.
Existing Condition 9 & 15
9. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered 95:456 WD1
titled Site Plan prepared by Nicholas Mandikos & Associates and dated Nov ‘99, 95:456
WD1.2 titled Site Plan - Levels prepared by Nicholas Mandikos & Associates and dated
Mar ‘01, 95:456 WD2 titled Ground & First Floor Plans prepared by Nicholas Mandikos
& Associates and dated Nov ’99, 95:456 WD3 titled Basement & Roof Plans prepared
by Nicholas Mandikos & Associates and dated Nov ‘99, 95:456 WD4 titled Elevations
prepared by Nicholas Mandikos & Associates and dated Dec ’99, and 6398-S1 to 6398-
S3 prepared by Leddy Sergiacomi & Associates Pty Ltd and dated 12/99 and as may
be amended by these conditions.
15. Development undertaken in accordance with this approval must generally comply with
the approved plans of development contained in Condition 9 and the approved plans
listed in the following table and may be amended by these conditions and annotations
on these plans.
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Plan No. Rev. Plan Name – Prepared by Date
Drawing No: 20 First Floor Plan – Di Henshall Interior 11 October
design 2010
Drawing No: 21 First Floor Plan – Di Henshall Interior 11 October
design 2010
Drawing No: 22 South Elevation – Di Henshall Interior 11 October
design 2010
Applicant’s Request
The applicant is seeking to amend Conditions 9 and 15 to read as per the below:
The applicant is also seeking the following additional condition:
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Assessment of Request
The applicant is seeking a retrospective approval for a reconfiguration of the Ground Floor,
removing the Billiard Room and Study, adding three additional Bedrooms and converting the
Laundry to a Bathroom, noting that the works have already been carried out. The proposal does
not include any external building works and does not result in a change to site cover, setbacks,
height etc.
Figure 11 & 12 - Approved & Proposed First Floor Plan
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The additional bedrooms proposed raise no concerns (in the context of the property being
approved and utilised as a Dwelling house), however it is noted that the reconfiguration of the
ground floor does not allow access from the front of the dwelling to the rear ie. access from dwelling
‘11a’ to ‘11b’ (refer to Figure 13). The existing approval allowed egress through this portion of the
dwelling via the Billard Room, however the as constructed dwelling completely separates the
Ground Floor into three separate portions, inaccessible from each other. This results in the building
consisting of more than one dwelling.
Figure 13: Restricted access area
The proposed changes to the First Floor plan also raise concern, noting that compliance action
previously carried out on the site confirmed that the dwelling house had been converted to three
self-contained dwellings, containing three kitchens and three laundries. It is noted that a
subsequent site inspection on 17 September 2024 showed that a door previously located between
the Lounge Room and Dining Room had been removed, however the door tracks are still in situ
and only minor work would be required to reinstate the door, which raises concerns.
Figure 14 – Door runner the located between Dining Room and Lounge Room
Under the 1990 Planning Scheme, a Dwelling house was defined as
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Any premises which comprises or is intended to comprise a singe dwelling unit on one
allotment, subject to the provisions of clause 33 hereof, including such outbuildings as are
incidental to and necessarily associated with a dwelling house. The term does not include
an accommodation building, caretaker’s residence, duplex dwelling or multiple dwelling
as here defined.
While a Dwelling unit was designed as
Any part of a building used or intended for use as a self-contained dwelling place for the
exclusive use of one family.
Noosa Plan 2020 defines a Dwelling house as:
Dwelling house means a residential use of premises involving—
(a) one dwelling for a single household and any domestic outbuildings associated with the
dwelling; or
(b) one dwelling for a single household, a secondary dwelling and any domestic
outbuildings associated with either dwelling.
While Dwelling is defined as:
Dwelling means all or part of a building that—
(a) is used, or capable of being used, as a self-contained residence; and
(b) contains—
(i) food preparation facilities; and
(ii) a bath or shower; and
(iii) a toilet; and
(iv)a wash basin; and
(v) facilities for washing clothes.
The internal changes already carried out on site include three full kitchens, and although not
indicated on the proposal plans, Council Officers also witnessed three separate laundry areas in
the property (one in each ‘dwelling’ – 11a, 11b and 11c). Additionally, each separate dwelling has
its own private access. It is noted that the reinstatement of a door between the Kitchen and Butlers
pantry areas (mentioned above) would again result in three separate self-contained dwellings,
entirely inaccessible from each other. The current internal works carried out on site has resulted in
three separate self-contained dwellings, and as such does not meet the definition a Dwelling
house under either the 1990 or 2020 schemes, which are both limited to one dwelling.
These changes are contrary to the existing approval and may result in either a Dual Occupancy or
Multiple Dwelling development (both impact inconsistent uses in the Low Density Residential
zone). The proposal to amend the First Floor plan is therefore not supported.
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Figure 15 & 16 – Approved & Proposed First Floor Plan
Figure 17 – Kitchen 1 (labelled Kitchen on proposal plans) and individual access
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Figure 18 – Kitchen 2 (labelled Butlers Pantry on proposal plans) and individual access
Figure 19 – Kitchen 3 (labelled Bar on proposal plans) and individual access
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4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed development does not comply with the requirements of the planning scheme and
results in the building being able to be used as a duplex or multiple dwelling.
. The application is therefore recommended for refusal.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132000.200359.3 to make a minor change to an existing approval
for a Development Permit for Material Change of Use of Premises for Extensions and Alterations
to a Dwelling in Sand Dune Problem Area situated at 11 Allambi Rise, Noosa Heads and described
as Lot 65 RP 52918, Council on 23 December 2024 decided to:
A. Refuse the application for the following reasons:
1. The proposed changes result in a Duplex or Multiple Dwelling development which are
inconsistent uses in the Low Density Residential Zone.
2. The proposed development does not meet the Purpose and Overall Outcomes and PO1
and PO2 of the Low Density Residential Zone Code as a Duplex and Multiple Dwelling
are inconsistent uses in the Low Density Residential Zone.
3. The proposal does not meet the Strategic Outcomes of the Noosa Plan 2020 Outcomes
for Housing Choice residential uses in that the proposed number of dwelling units for the
site exceeds the planned capacity for roads, community services and infrastructure for
the Low Density Residential Zone and Noosa Heads Local Plan areas.
4. The proposed development does not meet the Purpose and Overall Outcomes and PO2
of the Noosa Heads Local Plan Code as it is not considered to maintain the level of
residential amenity expected in the Low Density Residential Zone.
5. The proposal is inconsistent with Purpose and Overall Outcomes and PO1 of the Low
Density Housing Code as the proposal for three (3) dwelling units on a single lot in the
Detached Housing Zone as a Duplex and Multiple Dwelling are not complementary or
respectful to, and is out of character with surrounding development in the Low Density
Residential Zone.
6. A considerable number of submissions were received in relation to a previous application
for a multiple dwelling development on the site citing valid grounds of objection to the
proposal.
7. The proposed development compromises the achievement of the Strategic Outcomes of
the Noosa Plan 2020 and there are insufficient grounds to justify approval despite the
conflict.
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