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Minor Change Report 132004 4552 01 · 132004.4552.01

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               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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