Skip to the record
Accept no imitations.

Council archive · source document

Minor change app cover letter · MCU23/0094.04

of 12

Text shows just the words. Original shows the document exactly as it was published.

Date:                      21 October 2026
Our Reference:             J00 2438
Your Reference:            MCU23/0094.02 , OPW23/0113.03 & RAL23/0014.03

Attn:             Georgina Schramm – Development Planner

Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin QLD 4565




Dear Georgina ,

 Site Address:                          79 - 83 Eumundi Noosa Rd & 26 Headland Dr           ive NOOSAVILLE QLD 4566

 RPD:                                   Lot 75 – Lot 77 on RP71151 & Lot 3 on SP208257

 Method of Distribution:                Email [email protected]

 Subject:                               Change Application (Minor Change) Under Section 78 of the                 Planning Act
                                        2016



We write on behalf of        CP 79ENRN PTY LTD     (“the Applicant”), regarding the above              - mentioned development
approval.

The latest development approval was granted by           Noosa Council,    as assessment manage r, on          5 June 2026 , for
the following aspect of development:

◼   Development Permit – Material Change of Use         – Multiple Dwelling (38 Units         – including 36 small dwellings
    & 2 dwellings greater than 100m²);      and
◼   Development Permit for Operational Works            – Roadwork, Vegetation          Clearing, Earthworks     , Landscaping,
    Drainage and Stormwater.

Council’s reference numbers are MCU23/0094.02,        OPW23/0113.02 and RAL23/0014.02 . However, we note that, as
part of the last change       application, the   Development Permit for Reconfiguring a Lot was deleted in its
entirety.     A copy of the Existing Approval  is enclosed at Attachment 2.

This change application is made to         Noosa Council , as the responsib      le entity, and request   s a Minor Ch ange to
the development approval, pursuant            to s.78 of the      Planning Act 2016    . This change application is made
following a site visit completed with Council              on 7 October 2026.
Full text of the other 11 pages

Page 2

The change application is to be considered in conjunction with the following detailed attachments:

◼   Attachment 1    – Application Documentation     and Searches prepared by Property Projects Australia
◼   Attachment 2    – Existing Approval    Issued by Noosa Council
◼   Attachment 3    – Landscape Plans, prepared by      Element Design Landscape Architecture
◼   Attachment 4    – Frontage Works Plan, prepared by SCG Consulting Engineers

Further detail regarding the development approval history and the amendments proposed via this change
application is provided below.



1. BACKGROUND
The original development approval was granted by way of a negotiated decision notice over the site by Noosa
Council on 13 May 2024 (Council Ref: MCU23/0094, OPW23/0113 & RAL23/0014)              , for the following:

◼   Development Permit for Material Change of Use            - Multiple dwelling (38 units          - 36 small dwellings, 2
                                    2
    dwellings greater than 100m      );
◼   Development Permit for Reconfiguring a Lot          – Subdivision by Community Title (4 lots into 38 lots);
◼   Development Permit for Operational Works (in part)           – Roadwork, Vegetation Clearing & Earthworks; and
◼   Preliminary Approval for Landscaping, Drainage, Stormwater.

A minor change to the development approval was granted by Noosa Council on                   17 September 202 4 (Council Ref:
MCU23/0094.01) for changes to the original conditions of approval                as they relate to stormwater (Conditions
46 & 47 of development approval     MCU230094.

A further minor change to the development approval was granted on                  09 July 2025       ( Council reference:
MCU23/0094.02, OPW23/0113.02 & RAL23/0014.02 ) which amended Condition 3 of development approval MCU23/0094                .01
and condition 3 of   RAL23/0014. 01. Through amending the relevant conditions of approval, the following aspects
of the development were amended:

◼   Removal of padmount transmission from Eumundi Noosa Road frontage and return to soft landscaping                       ;
◼   Provi sion of 3x plunge pools within the private courtyards of Units 202, 207, 301 & 501                    ;
◼   An i ncrease roof pitch of the buildings as a result of amendments to the National Construction Code, all
    roof forms remain greater than 5 degrees and below 8 metres from natural ground level                     ;
◼   Provision of    internal services cupboard, which in hand offsets gross floor area to allow for a powder
    room within townhouses in Building 3, Units 302,             303, 304;
◼   Amendments to the reconfiguring a lot plan            .

A further minor change to the    development was granted on             11 June 2026     (Council Reference:        MCU23/0094.02,
OPW23/0113.03 & RAL23/0014.03 ) which : -

◼   Amended conditions 3, 60 and 61; and
◼   Deleted the Development Permit for Reconfiguring a Lot in its entirety.

The development the development permit has a currency period for six (6) years until                 13 May 2030. Construction
of the development is underway, with completion      now expected in December 2026.




                                                                                                                                     2

Page 3

2. PROPOSED CHANGES
This change application     seeks to amend the  latest change application   (Council reference:    MCU23/0094.03 and
OPW23/0113.03) decided by Council on 5 June 2026 . Following the site visit completed with Council on          7
October 2026, this change application seeks to:      -

◼   Amend Schedule 1, Material Change of Use, Condition          3 to incorporate amended landscape plans that show
    an amended boundary fencing arra     ngement adjacent to Lot 2 on SP208257       ; and

◼   Amend Schedule 1, Material Change of Use, Condition 41(a) to reflect the as                    - constructed footpath width,
    being 2.0 metres; and


2.1. Boundary Fence
As discussed during the site inspection,       there are limitation s with the existing fencing condition as well
as an opportunity to improve the current boundary fence arrangement that is proposed                between the subject
site and Lot 2 on SP208257. The lim itation s include: -

◼   the Applicant has been unable to adequately verify the structural capacity of the existing blockwork
    wall with the adjoining landowner      . Accordingly, the Applicant c        an not extend the height of the              existing
    wall (and thereby increase structural load         on that wall);

◼   The natural ground level of the adjoining land is below the finished surface level of the                 common driveway
    adjacent to Building 7       . As such,    a 2.0 metre high common boundary fence (measured from the level of the
    adjoining land) will not be as effective with respect to privacy and headlight screen                 ing as a 2.0 metre
    high fence measured from the finished            surface level of the common driveway).

In view of the above, it is proposed        to leave the existing boundary fencing          and construct a new 2.0 metre
high and ~ 17.5 metre long acoustic fence        at the southern termination of the car parking and circulation
areas adjacent to Building 7 (see       Extract 1 below).

The fence will be     a double lapped timber fence, with the front and backside painted                      in accordance the
perimeter fencing   specification (i.e. FT5       – Resene Black White) . The proposed fence will be offset from the
common boundary and will sit atop the internal retaining wall located at the southern end of the car parking
and circulation   area .

A rock - lined swale is located between the common boundary and the                 proposed fence (which sits atop a retaining
wall) . Twelve (12) Trachelospermum jasminoides               ( Star Jasmine ) are propose d to be planted within the swale,
with the intent that the jasmine will climb              the southern side of the fence that will be visible to adjoining
properties. A trellis or starting wire will be installed                   on the southern (back) side of the fence         to train
the jasmine up the fence.

The fence will be acoustically            constructed to limit noise         transfer,    and written certification will be
provided to Council, as is currently required under Condition 21.




                                                                                                                                         3

Page 4

                           Extract   1 – Proposed Landscape Plan   (Fence Length Highlighted)
                                     Source – Element Design Landscape Architecture


2.2. Condition 41(b)
The pedestrian footpath to        the Eumundi Noosa Road frontage has been constructed at a width of 2.0 metres.
The 2.0 metre width was discussed with Council a         t the pre - start meeting held on 5 August 2026          . Further, i      n
subsequent email correspondence with the build         er (QLD Built) the reduced with was agreed to in principle                   .
The rationale for the reduced footpath width         is: -

◼   The conditioned footpath is an ‘infill’           section that connects to the existing footpaths that are           within
    the frontages of     Lot 1 on SP208257 and Lot 48 on SP298783. T         hese footpaths are 2.0 metres wide. To this
    end, it is logical t     hat the new footpath is constructed to the same width as the existing footpath               .

◼   There is significant existing electrical infrastructure within Eumundi Noosa Road,                         namely a power pole
    with a pole mounted transfer fo        rmer (see Extract 2 below). A wider footpath would trigger a                 requirement
    to relocate the      power pole within the verge. There is insufficient                   area available in the verge to
    relocate the power pole and, as outlined above, there is no utility in undertaking this work where the
    new footpath ties into existing footpaths that have a 2.0 metre width.

Based on the above, it is requested that the condition is amended to state a 2.0 metre width.                        Furthermore,
it is requested that the approved plans within the Operational Works schedule is amended to reference
Revision H which identifies the 2.0 metre width.




                                                                                                                                        4

Page 5

                             Extract   2 – Power Pole with Pole mounted Transformer
                                         Source – Google Streetview 2026


2.3. Changes to Approved Drawings and Documents
The proposed changes   require amendments to the list of approved drawings and documents        , as identified in
Table 1 and Table 2 below. The approved drawings and documents to be removed have been struck out and the
amended drawings and documents to be included are shown in      bold . Where not listed, the drawings or documents
will remain  as documented in the Existing Approval.


Table 1 - Approved Drawings and Documents                        - MCU23/0094.02

        Plan No.     Rev.        Plan/Document Name                                            Date

        General

        WD.1.19      9           Landscape prepared by Blackwood Architecture & Design         14/11/2025

        OPW
          - 02       K           Planting Plan                                                 19.10.2026

        OPW
          - 03       K           Planting Plan                                                 19.10.2026

        OPW
          - 04       K           Planting Plan                                                 19.10.2026

        OPW
          - 05       K           Planting Plan                                                 19.10.2026

        OPW
          - 06       K           Planting Plan                                                 19.10.2026

        OPW
          - 07       K           Details Plan                                                  19.10.2026

        OPW
          - 08       K           Plant Schedule                                                19.10.2026

        OPW
          - 09       K           Specification Plan                                            19.10.2026




                                                                                                                     5

Page 6

Table 2 - Approved Drawings and Documents                            – OPW23
                                                                           /0113.0 3

        Plan No.       Rev.         Plan/Document Name                                               Date

        General

        OPW
          - 02         G            Planting Plan                                                    11.02.2024

        OPW
          - 03         G            Planting Plan                                                    11.02.2024

        OPW
          - 04         G            Planting Plan                                                    11.02.2024

        OPW
          - 05         G            Planting Plan                                                    11.02.2024

        OPW
          - 06         G            Planting Plan                                                    11.02.2024

        OPW
          - 07         G            Details Plan                                                     11.02.2024

        OPW
          - 08         G            Plant Schedule                                                   11.02.2024

        OPW
          - 09         G            Specification Plan                                               11.02.2024

        OPW
          - 02         K            Planting Plan                                                    19.10.2026

        OPW
          - 03         K            Planting Plan                                                    19.10.2026

        OPW
          - 04         K            Planting Plan                                                    19.10.2026

        OPW
          - 05         K            Planting Plan                                                    19.10.2026

        OPW
          - 06         K            Planting Plan                                                    19.10.2026

        OPW
          - 07         K            Details Plan                                                     19.10.2026

        OPW
          - 08         K            Plant Schedule                                                   19.10.2026

        OPW
          - 09         K            Specification Plan                                               19.10.2026

        33132- OW6.1 D              Frontage Works: Eumundi Road prepared by SCG Consulting          12.03.2024
                                    Engineers

        33132.OW6.1 H               Frontage Works: Eumundi Road prepared by SCG Consulting          05.06.2026
                                    Engineers




2.4. Changes to Conditions
In addition to the      amendments outlined above, the      proposed changes will require alterations to the approved
conditions. The amendments are listed in         Table 3 below. In our view, where the        amended landscaping documents
are included as approved plans, Condition 22 (or the fencing conditions more generally) are not required to
be updated to reflect the proposed design outcome.




                                                                                                                              6

Page 7

Table 3 – Conditions                  - MCU23/0094.02
 Proposed Condition 41(a)

 a 3 2- metre- wide footpath within the road verge for the entire length of the site’s frontage                         to Eumundi
 Noosa Road;



3. LEGISLATIVE ASSESSMENT
3.1. Minor Change Criteria
The Applicant seeks to amend the Existing Approval to incorporate the proposed changes via a Minor Change,
pursuant to s. 78 of the Planning Act 2016 .

Table demonstrate that the change application for a Minor Change complies with the relevant provisions of
the Planning Act 2016, Planning Regulation 2017      and the Development Assessment Rules .


Table 4 - Compliance with Definition for a Minor Change
 Relevant Provision                                           Assessment

 The definition of a minor change to a development approval under Schedule 2,                     Planning Act 2016      , is:


 “Minor change means a change that…
 … (b) for a development approval           –

 (i) would not result in substantially different              Complies
 development; and                                             An assessment of the substantially different
                                                              development requirements under the                   Development
                                                              Assessment Rules (Schedule 1)          has been undertaken as
                                                              part of this correspondence. Please refer           to
                                                              Table below for further detail        , which concludes that
                                                              the amendments do not result in substantially different
                                                              development.

 (ii) if a development application for the development, including the change, were made when the change
 application is made would not cause           –

 (A) the inclusion of prohibited development in               Not Applicable
 the application; or                                          The change application does not result in prohibited
                                                              development as per the     Planning Regulation 2017            .

 (B) referral to a referral agency, other than                Not Applicable
 to the chief executive, if there were no                     The change application does not result in a referral to
 referral agencies for the development                        a referral agency.
 application; or

 (C) referral to extra referral agencies, other               Not Applicable
 than to the chief executive; or                              The change application does not result in a referral to
                                                              a referral agency.




                                                                                                                                     7

Page 8

(D) a referral agency to assess the application            Not Applicable
against, or have regard to, matters prescribed             The change application does not result in a referral to
by regulation under section 55(2), other than              a referral agency.
matters the referral agency must have assessed
the application against, or have had regard to,
when the application       was made; or

(E) public notification if public notification             Not Applicable
was not required for the development                       Public notification was         not required for the original
application                                                development application.



Table 5 - Compliance with Substantially Different Development Test
In relation to part (b)(i) of the definition of Minor Change under the Planning Act 2016, t                      he
substantially different development requirements under the                Development Assessment Rules       (Schedule 1)
provide instructive guidance as follows:            -


“A change may be considered to result in a substantially different development if the proposed change:

involves a new use; or                                  Complies
                                                        The proposal does not include a ne          w land use.

results in the application applying to a new            Not Applicable
parcel of land; or                                      The proposal does not       apply to a new land parcel.

dramatically changes the built form in terms            Complies
of scale, bulk and appearance; or                       The proposed change does not result in a built form which
                                                        is dramatically different to the current approval in terms
                                                        of bulk, appearance and scale.          In fact, there is no change
                                                        to building s.

changes the ability of the proposed                     Not Applicable
development to operate as intended; or                  The proposed change        does not alter the ability for the
                                                        residential units to continue to operate as originally
                                                        intended, 38 residential units.

removes a component that is integral to the             Not Applicable
operation of the development; or                        The change application does not remove a critical
                                                        component. The footpath and fence will be retained. This
                                                        change application clarifies the design           parameters that
                                                        apply to these components.

significantly impacts on traffic flow and               Complies
the transport network, such as increasing               There is no change to the approved yield and, therefore,
traffic to the site; or                                 no change on traffic flow or the external road network.

introduces new impacts or increase the                  Complies
severity of known impacts; or




                                                                                                                              8

Page 9

                                                          The proposed change does not          introduce new impacts or
                                                          increase the severity of known impacts.

 removes an incentive or offset component                 Complies
 that would have balanced a negative impact               The proposed change does not remove and offset or a
 of the development; or                                   component of an offset that applied to the original
                                                          approval. In fact, the change to the fence design is an
                                                          improvement that will result in a better design and priacy
                                                          outcome for the development and adjoining neighbours.

 impacts on infrastructure provisions.                    Complies
                                                          The proposal does not cause any         substantive     impacts on the
                                                          existing infrastructure provisions.



3.2. Confirmation of Responsible Entity and Affected Entity
In accordance with     s. 78A(1)(b) of the     Planning Act 2016   , the responsible entity for this change application
is Noosa Council.     Under s. 80 of the     Planning Act 2016,     the application does not have an affected entity.


3.3. Matters to be considered by Responsible Entity
In accordance with     s. 81 of the Planning Act 2016 , the responsible entity must consider a range of items in
assessing this change application. Please refer to             Table     below which provides an assessment of the
proposal’s compliance with each of these considerations.


Table 6 - Assessment against                      s. 81 of the Planning Act 2016
 Relevant Provision                                       Assessment

 1.   In assessing the change application, the responsible entity must consider:

      The information the applicant included              Noted
      with the application;                               This change application is supported by a change
                                                          application cover letter and amended proposal plans.

      if the responsible entity is the                    Not Applicable
      assessment manager, any properly made               The development application was           not subject to public
      submissions about the development                   notification . Public notification is not required as a
      application or another change application           result of the change.
      that was approved;

      any pre - request response notice or                Not Applicable
      response notice given in relation to the            The development application does not involve a referral
      change application; and                             agency.

      if the responsible entity is, under                 Not Applicable
      s.8A(3), the minister, all matters the              The responsible entity is not the minister.
      Minister would or may assess against or
      have regard to, if the change application
      were a development application called in
      by the Minister; and




                                                                                                                                   9

Page 10

     (da) if paragraph (d) does not apply, all
     matters the responsible entity would or
     may assess against or have regard to, if
     the change application were a development
     application; and




     another matter that the responsible                  Noted
     entity considers relevant.                           The proposal continues to maintain compliance with the
                                                          assessment benchmarks and the planning scheme in accordance
                                                          with the original application.
                                                          There are no changes proposed that would conflict with the
                                                          development outcome on the site which was deemed to comply
                                                          with the relevant statutory instruments.
                                                          On balance, the proposed      fence amendment offers an improved
                                                          design solution that will enhance the amenity         and privacy
                                                          for residents and the adjoining owner.
                                                          The amendment to the footpath design is a logical change
                                                          to ensure it ties in with the existing width located at
                                                          each end of the new footpath.

2.   Subsections (4) and (5) apply if the responsible entity must, in assessing the change application
     under subsection (2)(d) or (da), consider:
     a statutory instrument; or
     another document applied, adopted or incorporated, with or without changes, in a statutory
     instrument.

3.   The responsible entity must consider the             Noted
     statutory instrument, or other document,             The development application was properly made when the
     as in effect when the development                    Noosa Plan 2020 was in effect. Currently, the        Noosa Plan
     application for the development approval             2020 ( Amendment3) is in effect.
     was properly made.
                                                          Based on a review of both planning schemes, no amendments
                                                          to the applicable assessment benchmarks have been made
                                                          since the original development application was assessed
                                                          and subsequently approved.

4.   However, the responsible entity may give             Noted
     the weight the responsible entity                    The development application was properly made when the
     considers is appropriate, in the                     Noosa Plan 2020 (Amendment 1)         was in effect. Currently,
     circumstances, to     –                              the Noosa Plan 2020 ( Amendment3) is in effect.           Based on a
     the statutory instrument or other                    review of both planning schemes, no amendments to the
     document as in effect when the change                applicable assessment benchmarks have been made since the
     application was made; or                             original development application was assessed and
     if the statutory instrument or other                 subsequently approved .
     document is amended or replaced after the
     change application is made but before it




                                                                                                                                 10

Page 11

     is decided, the amended or replacement
     instrument or document; or
     another statutory instrument:
          i.    that comes into effect after the
                change application is made but
                before it is decided; and
          ii.   that the responsible entity would
                have been required to consider if
                the instrument had been in effect
                when the development application
                for the development approval was
                properly made.



3.4. Infrastructure Charges
In accordance with s.     119(6) of the Planning Act 2016 , a local government may give an amended infrastructure
charges notice to the applicant       in approving a change application.

However, in this instance, the proposed amendments to require recalculation of                     the infrastructure    charges
notice and there is no change to the applicable demand unit.


3.5. Other Requirements for Change Applications
In accordance with s.79 of the        Planning Act 2016     , this change application for a Minor Change includes the
applicable mandatory information, as follows:         -

◼   The application is accompanied by the approved form;
◼   The written consent of the owner of the premises is provided at            Attachment 1 ; and
◼   The applicant will make payment of the       required fee ( $3, 010.00 ) to Council, upon receipt of a tax invoice
    / fee quote.

On this basis, we request that the responsible entity proceed to assess the Minor Change and issue and
notice of the decision at the earliest opportunity.



4. SUMMARY
This change application is lodged with the responsible entity            and identifies the amendments that are sought
to the Existing Approval.       As demonstrated above, the       amendments are a Minor Change to the Existing Approval
and, therefore, the responsible entity should proceed to              make the requested     changes and issue a   n amended
development approval at the earliest opportunity.




                                                                                                                                   11

Page 12

Whilst we trust that this information is sufficient for your purposes, should you require any further
information or clarification, please do not hesitate to call the                   undersigned on 07    3254 1566 .

Yours faithfully,
Property Projects Australia Pty Ltd




James Juhasz
Director

Enc.     Attachment 1 – Application Documentation and Searches Prepared by Property Projects Australia
         Attachment 2 – Existing Approval Issued by     Noosa Council
         Attachment 3 – Proposal Plans prepared by     Element Design Landscape Architecture




                                                                                                                      12

Used in these records

About this file

File size
2.5 MB (large file)
File type
PDF

No other editions are linked here.

Original file

Log in to download the original file

Minor change app cover letter.pdf · 2.5 MB (large file)

The download may take up to a minute.

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.