Council archive · source document
Minor change app cover letter · MCU23/0094.04
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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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(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
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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
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(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
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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.
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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
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