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Delegated Report - Code - Planning MCU10 2113 03 (As Published) · MCU10/2113.03
APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT APPROVAL
Author Senior Town Planner, Andrew Gaffney
Development Assessment
APPLICATION DETAILS
Application No. MCU10/2113.03
Applicant Robin Anthony Murphy
Margaret Ann Murphy
Robror Pty Ltd
Proposal Material Change of Use of Premises - Multiple Housing Type 2
Duplex
Properly Made Date 9 April 2026
Information Request Date 8 May 2026
Information Response Date 5 June 2026
Decision Due Date 2 July 2026
Report Reviewed & Ben Micallef 2 July 2026
Finalised By
PROPERTY DETAILS
Property Address 2/20 Peregian Esp Peregian Beach Qld 4573
RP Description Lot 2 SP 269260
Land Area No Land Area details available
Existing Use of Land Dual Occupancy
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential Zone
Precinct Not applicable
Local Plan Area Coastal Communities
Overlays • Landslide Hazard Overlay – Moderate Hazard Area
• Bushfire Hazard Overlay – Potential Impact Buffer
Assessment Type Other Change to Approval Code
1. PROPOSAL
The application seeks approval for an “other” change application.
Document Set ID: 24680910
Version: 8, Version Date: 09/07/2026
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In particular the applicant proposes to replace an existing rear dwelling unit (Multiple Housing -
Type 2 Duplex) with a new dwelling.
The new dwelling is two storeys, contains two bedrooms, two bathrooms, a single car garage and
an open informal parking space within an under croft area at the ground level. When assessed in
conjunction with the parking provided for Unit 1, the development achieves a total of three on-site
parking spaces, consistent with the parking requirements applicable to a Multiple Housing Type 2
Duplex under the former Noosa Plan 2006 and Noosa Plan 2020 (Amendment 3 - 20 March 2026).
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Ground Floor Plan
Figure 4 – Upper Floor Plan
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Figure 5 – Eastern Elevation
Figure 6 – Northern Elevation
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Figure 7 – Southern Elevation
Figure 8 – Western Elevation
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2. APPLICATION BACKGROUND
An information request was forwarded to the applicant dated 8 May 2026.
The issues raised include:
a. Further clarification of Plot Ratio and site cover taking into account both dwellings on the in
the dual occupancy.
In response, the applicant provided revised plans submitting that with available information
at hand the gross floor area site cover and plot ratio across both Lots 1 & 2 would likely
comply with Council’s requirements for a maximum gross floor area of 0.4:1 (approximately
316 square metres) and 40% site coverage.
b. A request for assessment of potential overlooking or privacy impacts on neighbouring
properties in accordance with PO10 of the Medium Density Residential Zone Code.
In response, the applicant provided the assessment as requested.
c. A request for plans to further clarify the building height.
In response, the applicant provided plans clarifying building height as requested.
3. SITE DETAILS
3.1. Site History
2 June 2006 - Council approved an application for a Duplex over the site. This application was
never acted upon and subsequently lapsed.
8 December 2009 - private building certification (Collins Certification group) for a new 2 bedroom
two storey dwelling located at the Peregian frontage of the site.
25 August 2011 - Development Permit for Material Change of Use of Premises - Multiple Housing
Type 2 Duplex (MCU10/2113).
18 June 2013 - Council approved a change to the approval to utilise the rear existing building
rather than demolishing and rebuild (MCU10/2113.01).
31 March 2014 - Form 21 Final inspection certificate submitted to Sunshine Coast Regional
Council including correspondence from town planning consultants advising that alterations to
House 1 have occurred enclosing portions of the eastern balconies for a sitting room and lounge
extension. Council’s calculation indicates that based on these 2014 documents the floor area of
the building is now approximately 175m².
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21 November 2018 - Council approved a change application to further renovate and extend the
Dwelling Unit 2 at the rear of the site (MCU10/2113.02).
3.2. Site Description
The site is approve as a Multiple Housing Type 2 Duplex with one dwelling at the front of the site
and another at the rear with access off Peregian Esplanade. by a driveway. The development
relates to the rear dwelling (Unit 2). There is currently a dwelling house on the rear lot which will
be demolished and replaced.
3.3. Surrounding Land Uses
Across the Road to the east (Peregian Esplanade) is open space associated with the dunes behind
Peregian Beach. Otherwise, the site is surrounded by a mix of Dwelling Houses, Dual Occupancies
and Multiple Dwellings within the Medium Density Residential Zone.
4. ASSESSMENT
4.1. 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 (20 March 2026).
4.2. Noosa Plan 2020
The original application was lodged and assessed under the now superseded 2006 Noosa Plan.
Pursuant to s81 of the Planning Act 2017, Council must consider the planning scheme in effect
when the original development application was lodged, however Council may give weight to Noosa
Plan 2020 as the planning scheme in effect at the time of the minor change application being
lodged.
The following codes from Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Noosa Heads Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code
• Works Codes;
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
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Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max 2 storeys
• metres 8 metres 8 metres
Site cover 40 % (over Lots 1 & 2) 37.9%
Plot ratio 0.4:1 max. (over Lots 1 & 2) Lot 1 = 174m² X
/ 316.8m² Lot 2 = 174m²
348m²
0.44:1.
Boundary setbacks
Ground Floor Plan / up to 4.5m
Side (east) 1.5 metres min 2 metres
Side (north) 1.5 metres min 2.5 metres
Side (south) 1.5 metres min 0 metres (structural beam X
and pillar)
Rear (west) 3.0 metres min
Approx. 4 metres
First Floor Plan / 4.5m – 7.5m
Side (east) 2.0 metres min 2 metres
Side (north) 2.0 metres min 2.5 metres
Side (south) 2.0 metres min 2 metres
Rear (west) 6.0 metres min Approx. 4 metres X
Above 7.5m height
Side (east) 2.5 metres min 2 metres X
Side (north) 2.5 metres min 2.5 metres
Side (south) 2.5 metres min N/A
Rear (west) 6.0 metres min N/A
Landscaping
Landscaped open 40% min >40%
space
< min 60% of total <m²
Soft landscaping
Landscaping Setbacks
Private open space 25 m² min More than 25 m²
Carparking 3 spaces 3 spaces
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Side Setback
Acceptable Outcome AO14.1 of the Medium Density Residential Zone Code states:
AO14.1 Buildings and structures meet the following minimum boundary setbacks:
(a) for frontages — 6 metres
(b) for side boundaries—
(i) 1.5 metres setback up to 4.5 metres height;
(ii) 2 metres setback between 4.5 metres and 7.5 metres height; and
(iii) 2.5 metres where above 7.5 metres height
(c) for the rear boundary - 6 metres
As proposed, the dwelling encroaches into the side setback at two points:
• the northeast corner of the dwelling. In particular, where above 7.5m in height, the house is
setback 2m from the eastern boundary as opposed to 2.5m as prescribed by Acceptable
Outcome 14.1 of the Medium Density Residential Zone Code; and
• A support bean and pillar which extends to the southern boundary of the site.
The proposal is therefore required to comply with corresponding Performance Outcome PO14 of
the Low Density Residential Zone Code which states:
PO14 Buildings and structures are designed and sited to:
(a) provide a high level of amenity to users of the subject site and adjoining
premises, including provision of visual and acoustic privacy;
(b) not unreasonably obstruct views or cause overlooking of private open space or
habitable areas of adjoining premises;
(c) provide adequate distance from adjoining land uses;
(d) preserve existing vegetation that will help buffer development;
(e) allow for space and landscaping to be provided between buildings including
adequate area at ground level for landscaping with trees, shrubs, outdoor living
and utilities;
(f) provide soft landscaping between buildings and the site boundaries to provide
for trees and shrubs;
(g) contribute to open streetscapes by avoiding buildings and structures within the
front 6 metres of the property; and
(h) protect the natural character and avoid adverse impacts on ecologically important areas
such as national parks, waterways and wetlands.
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Assessment
With respect to the support beam and pillar at the southern boundary, this is a minor feature which
will have no impact on the overall bulk of the structure. Nor will it impact views amenity or privacy
of any neighbour.
With respect to the eastern setback, it relates to a small part of the building towards the roof at the
northeastern corner. It only occurs due to an indent in the lot boundary to the other dwelling of this
dual occupancy to the east. There is a bedroom and window facing east at this part of the proposed
dwelling. This window faces a deck area on the dwelling to the east however, being higher, the
view will be primarily over the roof, also there is screening on the neighbour’s deck to the east. The
eastern neighbours have indicated support for the proposal.
The proposal complies with Performance Outcome PO14 of the Medium Density Residential Zone
Code
Rear Setback
The rear of the existing dwelling is to the western boundary which is where the current courtyard
area is located. The proposed unit is sited to effectively make the rear to the west with the courtyard
and private open space.
The bulk of the proposed dwelling is setback six metres from western boundary apart from an area
of approximately 10m² which encroaches to 4m from the western boundary. This does not comply
with the minimum 6m prescribed by Acceptable Outcome AO14.1 of the Medium Density
Residential Zone Code (as outlined above).
The proposal is therefore required to comply with corresponding Performance Outcome PO14 of
the Low Density Residential Zone Code (as outlined above).
Assessment – Rear Setback
The area of encroachment is made up of a bathroom at the lower level which is mostly below
ground level. The rest is a stair well and lift shaft. Given the rise of the land to the west there are
no concerns with respect to overshadowing or impact on views from the dwelling to the west. It
should be noted that the existing two-storey dwelling to be demolished is located closer to the
western boundary.
The proposal complies with Performance Outcome PO14 of the Medium Density Residential Zone
Code
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Development Approval MCU10/2113.02 (condition 9.4)
Condition 9.4 requires a 500mm wide landscaped buffer comprising columnar native trees between
the southern boundary and the southern deck. This condition was imposed in response to the
previous building design as part of MCU10/2113.02 and is not relevant to the current layout.
Although not specifically requested by the applicant, it is recommended that Condition 9.4 be
deleted from the approval.
Plot ratio
Council’s information request highlighted that existing gross floor area and plot ratio for the entire
site was unclear and was to be confirmed within the Applicant’s response to the Information
request. Council’s calculation is that existing development over Lot 1, results in a gross floor area
of approximately 174m² (tbc) and when combined with proposed development exceeds PO13 of
the Medium Density Residential zone code.
It would appear that there has been an oversight in the calculation of total gross floor area
applicable to the whole site. It is reasonable to request amended plans so that changes can be
incorporated for Lot 2 to potentially reduce floor areas to a bulk and scale which is appropriate for
the site and anticipated within the Medium Density residential zone.
Existing Condition 1
Amended Condition - November 2018
1. 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 and
as amended by these conditions:-
Plan No. Rev. Plan Name Date
050.00 C 3D View, prepared by SL a Studio 12.10.18
050.01 C 3D View, prepared by SL a Studio 12.10.18
200.00 C Floor plans lower floor, prepared by SL a Studio 12.10.18
200.01 C Floor plan upper floor, prepared by SL a Studio 12.10.18
210.00 C Floor plan roof plan, prepared by SL a Studio 12.10.18
300.00 C Elevations north/south, prepared by SL a Studio 12.10.18
300.01 C Elevations east/west, prepared by SL a Studio 12.10.18
400.00 C Section section 1 & 2, prepared by SL a Studio 12.10.18
Applicant’s Request
The applicant is requesting condition 1 be amended to reflect the plans of the proposed new
dwelling for Lot 2.
Assessment of Request
There is still uncertainty regarding the total plot ratio and resulting gross floor area applicable to
the site. It is recommended that the applicant be provided the opportunity to submit amended
plans to address the noncompliance.
Recommendation
It is recommended existing condition 1 be amended as follows:
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General
Amended Condition - Approved Plans - July 2026
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below. The plans must be amended to incorporate the
amendments listed within the table below and resubmitted to Council prior to the issue of any
Development Permit for Building Works*
Plan No. Rev. Plan/Document Name Date
< < < <
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
050.00 C 3D View, prepared by SL a Studio 12.10.18
050.01 C 3D View, prepared by SL a Studio 12.10.18
200.00 C Floor plans lower floor, prepared by SL a 12.10.18
Studio
200.01 C Floor plan upper floor, prepared by SL a 12.10.18
Studio
210.00 C Floor plan roof plan, prepared by SL a 12.10.18
Studio
300.00 C Elevations north/south, prepared by SL a 12.10.18
Studio
300.01 C Elevations east/west, prepared by SL a 12.10.18
Studio
400.00 C Section section 1 & 2, prepared by SL a 12.10.18
Studio
100.00 G Site and Locality Plan 02/03/2026
200.00 G Ground Floor Plan 02/03/2026
200.01 G First Floor Plan 02/03/2026
210.00 G Roof Plan 02/03/2026
300.00 G Eastern Elevation 02/03/2026
300.01 G Northern Elevation 02/03/2026
300.02 G Southern Elevation 02/03/2026
300.02 G Western Elevation 02/03/2026
310.00 G Eastern Boundary Elevation 02/03/2026
310.01 G Northern Boundary Elevation 02/03/2026
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310.02 G Western Boundary Elevation 02/03/2026
310.03 G Southern Boundary Elevation 02/03/2026
400.00 G Section 1 02/03/2026
400.01 G Section 2 02/03/2026
400.02 G Section 3 02/03/2026
400.03 G Section 4 02/03/2026
400.04 G Section 5 02/03/2026
Amendments The plans and elevations are required to be amended to confirm and
potentially reduce the gross floor area of the proposed development
to comply with Council’s maximum plot ratio of 0.4:1 for development
within the Medium Density Residential zone (PO13 of Noosa Plan
2020). The plot ratio calculation is assessed over the 792m² site area
(Lots 0, 1 & 2 on SP269260).
It is Council’s view that existing and proposed development is an
over development and exceeds plot ratio permitted under PO13 of
the Medium Density residential zone code.
5. CONSULTATION
5.1. Referral Agencies
Not Applicable
5.2. Internal Council Referrals
Not applicable
6. 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 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU10/2113.03 for an Other change to an existing approval for a
Material Change of Use of Premises - Multiple Housing Type 2 Duplex situated at 2/20 Peregian
Esp Peregian Beach Qld 4573 and described as Lot 2 SP 269260, Council on 2 July 2026 decided
to:
A. Approve the change.
B. Amend condition 1 to read as follows:
General
Amended Condition - Approved Plans - July 2026
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below. The plans must be amended to incorporate the
amendments listed within the table below and resubmitted to Council prior to the issue of any
Development Permit for Building Works*
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Plan No. Rev. Plan/Document Name Date
< < < <
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
100.00 G Site and Locality Plan 02/03/2026
200.00 G Ground Floor Plan 02/03/2026
200.01 G First Floor Plan 02/03/2026
210.00 G Roof Plan 02/03/2026
300.00 G Eastern Elevation 02/03/2026
300.01 G Northern Elevation 02/03/2026
300.02 G Southern Elevation 02/03/2026
300.02 G Western Elevation 02/03/2026
310.00 G Eastern Boundary Elevation 02/03/2026
310.01 G Northern Boundary Elevation 02/03/2026
310.02 G Western Boundary Elevation 02/03/2026
310.03 G Southern Boundary Elevation 02/03/2026
400.00 G Section 1 02/03/2026
400.01 G Section 2 02/03/2026
400.02 G Section 3 02/03/2026
400.03 G Section 4 02/03/2026
400.04 G Section 5 02/03/2026
Amendments The plans and elevations are required to be amended to confirm and
potentially reduce the gross floor area of the proposed development
to comply with Council’s maximum plot ratio of 0.4:1 for development
within the Medium Density Residential zone (PO13 of Noosa Plan
2020). The plot ratio calculation is assessed over the 792m² site area
(Lots 0, 1 & 2 on SP269260).
It is Council’s view that existing and proposed development is an
over development and exceeds plot ratio permitted under PO13 of
the Medium Density residential zone code.
C. Delete condition 9.4.
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Document Set ID: 24680910
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