Minor Change Report 51901 4147 05 [As Published]

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The existing development gains access via a single crossover to Noosa Parade, provides covered
parking at the rear of the site and includes 3 spa pools within the front boundary setback. The
proposal seeks retrospective approval of a shade structure within unit 2 covering the spa and a
deck extension at the upper level being 2.5m in height. The applicant proposes to change the
approval in the following ways:
   • Amend the list of approved plans included within Condition 1 of the Decision Notice.
The locality and proposal plan are included below.




                                        Figure 1 – Locality




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                                  Figure 2 – Site Plan & Elevations


2.   BACKGROUND
A town planning consent for a Multiple Dwelling (3 units) (51901.4147) was approved on 9
February 1979.
A minor change to a town planning consent for a Multiple Dwelling (3 units) (51901.4147.02) for a
garage within the rear and side boundary setback was refused 24 February 2005 due to conflicts
with neighbouring amenity and landscape buffering.


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A minor change to a town planning consent for a Multiple Dwelling (3 units) (51901.4147.03) for 3
spa pools (1 per unit) within the front boundary setback were approved 23 November 2004.
A minor change to a town planning consent permit for a Multiple Dwelling (3 units) (51901.4147.04)
for an open carport within the rear boundary setback was approved 21 December 2005.
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’.
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 original application was lodged and assessed under the now superseded 1973 planning
scheme. 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;

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•     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:

 Criteria                   Planning Scheme                Proposal                       Complies


 Building height
 •   storeys                2 storeys max                  2 storeys                          ✓
 •   metres                 8 metres                       8 metres                           ✓

 Site cover                 40% at both levels             44.02% gf                          ✓
                                                           29.16% uf                          ✓

 Plot ratio                 0.4:1 max.                     0.53:1     existing      not       X
                                                           increasing

 Boundary setbacks
 Ground Floor Plan / up to 4.5m

 Frontage                   6.0 metres min                 1.8 metres                         X
 Side (east)                1.5 metres min                 1.8 metres                         ✓
 Side (west)                1.5 metres min                 0 metres                           X
 Rear                       3.0 metres min                 > 3.0 metres                       ✓

 First Floor Plan / 4.5m – 7.5m

 Frontage                   6.0 metres min                 6.0 metres                         ✓
 Side (east)                2.0 – 2.5 metres min           2.0 metres                         ✓
 Side (west)                2.0 – 2.5 metres min           2.75 metres                        ✓
 Rear                       3.0 - 6.0 metres min           > 3.0 metres                       ✓


Existing Condition 1
Land Use
1.    Development undertaken in accordance with this approval must generally comply with the
      approved plans of development. The approved plans are titled and numbered:-
      1.1. Floor Plan and Site Plan, Drawing No. 05 – 069, Sheet 1 of 2; and
      1.2. Section Detail, Drawing No. 05 – 069, Sheet 2 of 2; prepared by DRDesign Drafting
              Service and dated 15 August 2005 and as may be amended by these conditions.
Applicant’s Request
The applicant has requested an additional condition be included to reflect the proposed changes
within the list of approved plans. In support of the request, the applicant has provided the following:
“This application seeks to amend the existing approval TPC 808 by including a single additional
condition that reflects the two minor built form additions now proposed for approval.
As there is no consolidated Decision Notice for TPC 808, it is acknowledged that Council may
undertake renumbering of conditions as part of the Minor Change approval process. The following
condition is proposed to be inserted at the end of the renumbered suite:

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4.1 Request: Additional Condition
Additional Condition – [Insert Date of Council Decision]
Development must be carried out generally in accordance with the approved plans listed below,
unless otherwise amended by a condition of this approval.

 Plan No.                 Rev.        Plan/Document Name                    Date

 233                      01          Landscape       Concept,     Front May 24
                                      Courtyard, prepared by JRLD Design
                                      + Landscape

Justification: This condition is necessary to ensure the retrospective structures — the spa vergola
and first-floor balcony awning — are clearly recognised as part of the approved development. The
proposed works are minor in scale, do not affect the overall development intent, and have been
assessed against the relevant provisions of the Noosa Plan 2020, including those related to built
form, setbacks, and amenity.”
Assessment of Request
Agree in Part
The applicant requests to include an additional condition relating to the list of approved plans to
allow retrospective approval of a spa vergola within the front boundary setback and an additional
deck extension and associated awning within 6.6m of the front boundary.
The deck extension and associated awning adds an additional 11.8m2 of site cover resulting in a
total site cover of 42.05% at the ground level and 29.16% at the upper level. The addition is setback
from the front boundary, compliments the existing material and colour palette presenting uniformly
to the street and avoids presenting an appearance of bulk to neighbouring properties. Although the
additional site cover exceeds the accepted requirements, the proposed awning remains visually
unobtrusive and provides a high level of amenity for residents.
The spa vergola however has been constructed within the front boundary setback and presents an
appearance of bulk to the street and neighbouring properties. The vergola conflicts with the
predominant character of Noosa Parade where multiple dwellings, dwelling houses and associated
structures present compliant setbacks with the exception of gatehouses. The vergola impedes on
the provision of light to neighbouring properties and is not compatible with surrounding
development. The addition of the vergola results in a total site cover of 44.02% at the ground level
which is well in excess of the requirements and anticipated character of development within Noosa
Parade.
Recommendation
It is recommended additional condition 1 be added to read as follows:
Change to approval – 8 September 2025 for Unit 2
       Approved Plans
1.     Development authorised by this approval must be undertaken generally in accordance
       with the Approved Plans listed in the table below.

        Plan No.               Rev.    Plan/Document Name                   Date

        2334 – LC01            01      Site Plan, prepared by JRLD May 2024
                                       Design + Landscape
                                       Annotated by Council

It is recommended that additional Condition 1a be added to read as follows:


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1. (a) The pergola depicted over the spa is not a part of this approval and must be removed.




4.   CONSULTATION
4.1. Referral Agencies
Not 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
With regard to Application No. 51901.4147.05 to make a minor change to an existing approval for
Town Planning Consent Permit for a Multiple Dwelling (3 units) situated at Ensenada 2/61 Noosa
Pde Noosa Heads Qld 4567 and described as Lot 2 GTP 472, Council on 20 November 2025
decided to:
A.   Approve the change.
B.   Include the following additional conditions:
Change to approval – 20 November 2025 for Unit 2
     Approved Plans
1.   Development authorised by this approval must be undertaken generally in accordance with
     the Approved Plans listed in the table below.

       Plan No.              Rev.   Plan/Document Name                    Date

       2334 – LC01           01     Site Plan, prepared by JRLD Design May 2024
                                    + Landscape
                                    Annotated by Council


2     The pergola depicted over the spa is not a part of this approval and must be removed.




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