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Minor Change Report 132004 4552 01 · 132004.4552.01
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Planning Officer, Cameron Smith
Development Assessment
APPLICATION DETAILS
Application No. 132004.4552.01
Development Approval Development Permit for Material Change of Use – Duplex
Dwelling
Applicant Pace Planning Pty Ltd
Request Received On 21 March 2025
Report Reviewed By Patrick Murphy
11 September 2025
Decision Due Date 22 April 2025
PROPERTY DETAILS
Property Address ‘The Dukes At Sun’
1/27 Duke St Sunshine Beach
RP Description Lot 1 SP 175486
Land Area 611m2 (Subject Site)
209m2 (Unit 1)
Existing Use of Land Duplex Dwelling (Dual Occupancy)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Area Plan Coastal Communities
Overlays • Landslide Hazard – High Hazard
Assessment Type Minor Change to Development Approval
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1. PROPOSAL
The applicant seeks approval to change to an existing Development Permit for Material Change of
Use – Duplex Dwelling.
The proposed development relates solely to Unit 1 at 27 Duke Street, Sunshine Beach (the ‘subject
site’). Works include:
• Enclosing the upper-level rear balcony of the Master bedroom to create a walk in wardrobe
(approximately 8.5m² additional gross floor area (GFA)) ;
• Enclosing the centrally located upper-level balcony to create a new dining room area
(approximately 21.5m² additional GFA); and
• Extending Bedrooms 2 and 3 on the ground level, partially excavating behind the bedrooms
for a storage room, including a new study room and extending the open terrace to Duke street
(approximately 32.5m² additional GFA).
The above changes increase the gross floor area (GFA) of Unit 1 from 136m² to 170m² and
increases total site GFA to 306m² as outlined below.
Existing GFA Proposed GFA
Unit 1 (subject to this change 136m² 198.5m²
application)
Unit 2 136² 136 (no change)
Total GFA 272m² 334.5m²
Plot Ratio (whole site) 0.44:1 0.54:1
The minor changes to Unit 1 trigger non-compliances with the following sections of the planning
schemes.
• Section 5.3 - Duplex Dwelling, provision 5.3.1.6 of the 1990 Schedule to the planning scheme.
(the proposal increases plot ratio more than 0.45:1 as listed under Table 5.2 – Duplex
Dwellings: Some performance standards.)
• AO11 of the Medium Density Residential Zone Code (Noosa Plan 2020) for plot ratio of Unit
1;
• AO12.1 - Medium Density Residential Zone Code (Noosa Plan 2020) for the southwest side
boundary relaxation of Unit 1.
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The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Floor Plan (proposed reconfigured areas and expansion in green shade)
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Figure 4 – Elevations
Figure 5 –Section
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Render A
Render B
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[OCR of page images]
2. Existing
1. Existing
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Render C
Figure 6 - Renders - yellow shade show proposed building enclosure
2. BACKGROUND
16 December 2004 - Development Permit for Material Change of Use for a Duplex Dwelling
(Council application reference 2004/4552). Application assessed under 1990 Planning scheme.
21 March 2025 - Minor change application to a development permit for Material Change of Use
for a Duplex Dwelling.
18 June 2025 - Applicant advised that Council still had significant concerns regarding the plot ratio
exceedance and was invited to provide further justification / amendments to the proposal to more
appropriately comply with planning scheme plot ratio performance outcome benchmarks.
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A response was received with concern for the assessment timeframes requesting Council attend
an onsite meeting to enable discussion of the application with the owner being present.
No additional material or amendments were provided.
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
• 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. 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.
The following codes from Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Coastal Communities Local Plan Code;
• Landslide Hazard Overlay Code.
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
At the time of the original approval the subject site was zoned Residential Low Density and was
not within any precinct under the Shire of Noosa Strategic Plan (5 September 1997).
Under Noosa Plan 2020, the site is zoned Medium Density Residential.
A Dual Occupancy use is a consistent use on this site under both planning schemes.
Criteria 1990 Planning 2020 Planning Proposal Comply
Scheme Scheme
Site Area 500m² - 612m²
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Population density 6.6 persons max - no change 6.6 persons
GFA/Plot ratio 275m² max (45%) 245m2 (0.4:1) 334.5m2 X
(0.54:1)
Site cover 244.4m2 (40%) max 244.4m2 (40%) 343m² (56%) X
max
(existing /
no
change)
Landscaped open space 264m² min (244m2) min 40% No change
of site
(147m2) min 60%
Soft landscaping NA
of total
Building height
• storeys 2 storeys max - 2 storeys
• metres 8m 8m 7.9m
Boundary setbacks
• Frontage 6m min 6m min 8.3m
• Side (northwest – unit 2) 1.5m min 1.5/2/2.5m min 1.5m (No
change) X
• Side (southeast – unit 1) 1.5m min 1.5/2/2.5m min
1.5/1.5/1.5m
• Rear 6m min 6m min
6m (no
change)
Length of wall 15m max 15m max 13.2 metres
Carparking 2 covered min 2 covered min 4 covered
1 uncovered min 1 uncovered min
The applicant states that the proposed development generally complies with the Noosa Plan 2020
for the following justifications:
Code Assessment
6.2.2 Medium Zone Code Compliance: Development supports the purpose and overall
Density Residential outcomes of the Medium Density Residential Zone Code by providing suitable dual
Zone Code occupancy.
Site Cover: Maintains existing site cover of 28%, complying with Performance
Outcome PO10.
Setbacks:
Frontage setback of 6m and compliant rear setbacks meet PO12.
Side setbacks of 1.5m align with the original approval under the Integrated
Planning Act 1997.
Alternative Provision: A 1.5m setback to the south-eastern boundary is proposed
for building elements between 4.5m and 7.5m high to accommodate eaves and
roof form, consistent with PO12.
Overall Compliance: Development meets the performance and acceptable
outcomes of the Medium Density Residential Zone Code.
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7.2.6 Coastal
The application is compliant with the purpose, overall outcomes and
Communities
performance outcomes or acceptable outcomes of the Coastal Communities
Local Plan Code Local Plan Code.
9.3.3 Dual Code Compliance: Development aligns with the purpose, overall outcomes, and
Occupancy and performance outcomes of the applicable planning code.
Multiple Dwelling
Code Private Open Space: First-floor terrace has been extended to provide direct
access from living areas, enhancing casual surveillance and connectivity in line
with PO11.
Dual Occupancy Code: Proposal meets the performance and acceptable
outcomes of the Dual Occupancy and Multiple Dwelling Code.
Plot Ratio (Gross Floor Area)
Acceptable Outcome AO11 of the Medium Density Residential Zone Code states:
AO11 For a dwelling house, plot ration of development does not exceed 0.4:1
The applicant is proposing a change to an existing dual occupancy use (2 dwelling units), as such
AO11 of the Medium Density Residential Zone Code does not apply as it relates to a dwelling
house only.
The proposal is therefore required to comply with corresponding Performance Outcome PO11 of
the Medium Density Residential Zone Code, which states:
PO11 Plot ratio of development:
a. does not exceed 0.4:1; or
b. for small dwellings or for development which provides a ratio of at least three small
dwellings to one other dwelling, does not exceed 0.5:1.
The proposed development exceeds a plot ratio of (0.4:1 / 245m2) proposing a plot ratio of 0.54:1
for the site or 334m2 gross floor area for the unit. The proposal is not a ‘small dwelling’ and bonus
provisions are not relevant.
The superseded scheme to which this original approval was issued (1990 scheme) allowed for a
maximum plot ratio of 0.45:1 (45%) with revised schemes (2006 and 2020) reducing the allowable
plot ratio to 0.4:1 (40%). The currently proposed plot ratio of 0.54:1 far exceeds both past and
present schemes.
As such, assessment is required against the Overall Outcomes of the Medium Density Residential
Zone Code.
Overall Outcomes of the Medium Density Residential Zone Code state:
c. Development makes a positive contribution to the look and feel of residential
neighbourhoods by maintaining a low scale character with well designed buildings and
landscaping that enhance the streetscape.
Assessment:
The existing design presents a ‘stepped’ building form (see Figure 6 – Render C, Existing)) which
increases the upper level building set back/s to reduce the visual perception of the building’s bulk
when viewed from the street. Stepping of the building form is a way of maintaining a lower building
height and bulk closest to the site frontage.
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Figure 7 – Subject site, Left image - Unit 1, shows approximate location of additional enclosure and terrace
extension to Duke Street in yellow shade. Right Image shows existing driveway access to basement and
streetscape presentation.
The proposed changes as shown at Figure 6 (A - C), encloses the building along its southern
façade and expands the building towards Duke Street which reduces building articulation and
increases the overall presentation of building bulk.
It is noted that the surrounding development within Duke Street involving existing Dual occupancy
developments at 9, 25 and 23 Duke Street comply with superseded planning schemes plot ratio
maximums not exceeding 0.45:1.
Street Number Gross Floor Area/Plot
Ratio
25 Duke (adjacent development to the north of the subject site) 264m2 / 0.43:1
23 Duke (two lots to the north of the subject site) 265m2 / 0.42:1
9 Duke (approximately 135 metres to the north of the subject 306m2 / 0.45:1
site)
The proposed exceedance in Plot Ratio will result in a larger building than other development in
the surrounding area and larger than the planning scheme seeks for development in the Medium
density residential zone.
The development will reduce the characteristic look and feel of the residential neighbourhood by
establishing a scale of development that conflicts with building form that encloses functional
outdoor use areas which are lightweight and suited to the subtropical design.
The planning intent of the scheme maintains a plot ratio of 0.4:1 and only considers increases for
proposals which contribute to the mix of residential supply within the shire by including small
dwellings. The proposal is not a small dwelling.
There are no relevant matters that would warrant such a substantial increase in plot ratio for the
development or this site. The development does not adequately respond to land constraints
including topography, namely that it seeks to enclose areas which provide natural lighting,
ventilation, building articulation etc within the building.
Based on the above justifications, the proposed development does not comply with the overall
outcome of the Medium Density Residential Zone code and is not supported.
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Side Setback
Acceptable Outcome AO12.1 of the Medium Density Residential Zone Code states:
AO12.1 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
The applicant is proposing a 1.5m side setback for parts of the southern (side) façade which
has a façade elevation of 6.27m and as such does not comply with AO12.1 of the Medium
Density Residential Zone Code. The proposal is therefore required to comply with corresponding
Performance Outcome PO12 of the Medium Density Residential Zone Code, which states:
PO12 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. be consistent with the predominant character of the surrounding area; and
g. protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
Assessment:
The proposed side setback relaxation retains an acceptable level of amenity to users of the subject
site and adjoining premises, including provision of visual and acoustic privacy as all areas of the
façade in this setback are solid walled with no openings or windows.
The proposed development demonstrates compliance with PO12 of the Medium Density
Residential Zone code due to the above justification.
Request for amendment to Condition 1 and 5
The applicant had requested amendments to Condition 1 and deletion of Condition 5. As this
application is recommended for refusal, no further commentary is provided regarding changes to
approved conditions.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
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4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed changes do not comply with the Medium Density Residential Zone Code in regard
to plot ratio built form requirements. The application is therefore recommended for refusal.
The report is provided in accordance with Section 83(9) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132004.4552.01 to make a minor change to an existing approval for
a Development Permit for Material Change of Use – Duplex Dwelling situated at ‘The Dukes at
Sun’ 1/27 Duke St Sunshine Beach and described as Lot 1 SP 175486, Council on 11 September
2025 decided to:
A. Refuse to make the change for the following reasons:
1. The proposed changes are contrary to the 1990 Planning scheme and Performance
Outcome PO11 (plot ratio) of the Noosa Plan 2020 Medium Density Residential Zone Code
as:
a. The proposal does not comply with Overall Outcomes 6.3.2.2 (2) (c) of the Medium
Density Residential Zone Code as the development does not make a positive
contribution to the streetscape and does not maintain the low scale density and
character of the zone.
b. The proposal will result in a plot ratio of 0.54:1 which is an over development of the site
which significantly exceeds the plot ratio requirements of the 1990 planning scheme
(45%) and the Noosa plan 2020 (0.4:1).
c. The scale of the proposed dwelling is excessive and not of a scale intended under the
Medium Density Residential Zone;
d. The proposal is out of character with the prevailing development pattern.
2. The proposed changes are contrary to Performance Outcome PO9 of the Medium Density
Residential Zone Code of the Noosa Plan 2020 as the building bulk and scale:
a. will not be compatible with surrounding development and the particular circumstances
of the site, and
b. Will present an appearance of bulk to adjacent properties, roads and other areas in
vicinity of the site.
3. The existing development is of a scale that is inconsistent with the surrounding area on the
basis that it already exceeds the allowable site cover
4. No new or additional information relevant to the proposed change has been provided that
would warrant changing the approval previously accepted by the applicant.
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