Council archive · source document
Minor Change Report 132002 220222 1 (As Published) · 132002.220222.1
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Tess Henare
Development Assessment
APPLICATION DETAILS
Application No. 132002.220222.1
Development Approval 22783 DA
Applicant Helen Margaret Maddern, Lindy Joy McKenzie and Donald
Alan McKenzie
Request Received On 21 July 2026
Report Reviewed By Ben Micallef – 18/09/2026
Decision Due Date 18/08/2026
PROPERTY DETAILS
Property Address Molinara 1/35 Katharina St Noosa Heads Qld 4567Molinara
2/35 Katharina St Noosa Heads Qld 4567
RP Description Lot 2 SP 167222
Land Area 515.74m2
Existing Use of Land Residential (Duplex)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Area Plan Noosa Heads
Overlays • Bushfire Hazard Overlay
o Potential Impact Buffer
Assessment Type Minor Change to Development Approval
1. PROPOSAL
The applicant seeks approval to change Development Approval 22783 DA by enclosing the
existing upper-level balconies adjoining the study areas of Units 1 and 2 at 35 Katharina Street,
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Noosa Heads. Each enclosure has an area of approximately 5.22m² and would incorporate the
balcony into the internal floor area of the adjoining dwelling. The works do not change the approved
residential use or increase the number of dwellings or bedrooms.
The proposed enclosures would increase the gross floor area of the development from 224m² to
234m² and the plot ratio from 0.43:1 to 0.45:1. Site cover would remain unchanged at 40% because
the works are wholly contained within the existing building footprint and upper-level built form.
The balcony openings would be enclosed with rendered and painted walls and windows designed
to match the existing dwellings. The proposal does not increase the building height or alter the
approved setbacks and would result in only a minor change to the external appearance, bulk and
scale of the development.
The locality, site plan, existing and proposed floor plans, and elevations are shown in Figures 1 to
6 below.
Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Existing Floor Plan
Figure 4 – Proposed Upper Floor Plan
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Figure 5 – Existing Elevations
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Figure 6 – Proposed Elevations
2. BACKGROUND
A development approval for a Material Change of Use of Premises (Duplex Dwelling x 3) – Council
reference 22783 DA – was approved on 7 November 2002.
A Further Advice was issued to the applicant on 5 August 2026 and a response from the applicant
was received on the 31 August 2026.
The applicant was requested to provide an assessment against the 1990 Planning Scheme – the
planning scheme that was in affect at the time the original approval was issued.
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 (20 March 2026).
• 1990 Schedule to the Planning Scheme
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in substantially different development as the proposal does
not:
o involve a new use; or
o result in the application applying to a new parcel of land; or
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o dramatically change the built form in terms of scale, bulk and appearance; or
o change the ability of the proposed development to operate as intended; or
o remove a component that is integral to the operation of the development; or
o significantly impact on traffic flow and the transport network, such as increasing traffic
to the site; or
o introduce new impacts or increase the severity of known impacts; or
o remove an incentive or offset component that would have balanced a negative impact
of the development; or
o impact on infrastructure provisions.
• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The original application was lodged and assessed under the now superseded 1990 Schedule to
the Planning Scheme. Pursuant to s81 of the Planning Act 2017, Council must consider the
planning scheme in effect when the original development application was lodged, however Council
may give weight to Noosa Plan 2020 as the planning scheme in effect at the time of the minor
change application being lodged.
The following codes from Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Noosa Heads Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
At the time of the original approval the subject site was zoned Residential Low Density 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.
The following table details the proposal’s compliance with the 1990 and current planning scheme.
It is noted that the definitions from the 1990 and current planning scheme, hence different
calculations for the Plot Ratio/GFA.
Criteria 1990 Proposal 2020 Proposal Comply
Planning Planning
Scheme Scheme
Site Area Min 500m2 515.74m2 Max 600m2 515.74m2
Plot 0.45:1 0.45:1 0.4:1 0.43:1 X
Ratio/GFA (232.2m2) (234m2) (206.3m2) (221.9m2) Does not
comply with
Noosa Plan
2020.
Site Cover 40% 40% 40% 40%
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Landscapes 192m2 192m2 206.3m2 – 192m2 No change
open space min 40% of part of this
site application
Soft N/A N/A
Landscaping 123.78m2 –
min 60% of
total
Building
Height No change
• Storeys 2 storeys max 2 storeys 2 storeys 2 storeys part of this
• Metres 8m 8m 8m 8m application
Boundary No change
Setbacks part of this
• Frontage 6m min 6.8m (no 6m min 6.8m (no application
change) change)
• Side 2m min 2.2m (no 1.5/2.5m min 2.2m (no
(east) change) change)
• Side 2m min 2.2m (no 1.5/2.5m min 2.2m (no
(west) change) change)
• Rear 6m (no 6m (no
6m min 6m min
change) change)
Length of wall 15m max 10.8m 15m max 10.8m
No change
part of this
application
Carparking 2 covered min 4 covered 2 covered min 4 covered No change
1 uncovered 1 uncovered part of this
min min application
The proposal results in a minor variation to the approved gross floor area and plot ratio for the
development. The proposed gross floor area is 234m², which exceeds the prescribed gross floor
area under the 1990 planning scheme by 1.8m². Given the very minor nature of this exceedance,
the proposal is considered to generally achieve the stipulated plot ratio of 0.45:1.
Under the current planning scheme, the development also exceeds the applicable gross floor
area and plot ratio provisions. The plot ratio exceedance is 0.03, and the site cover is exceeded
by 15.6m². These exceedances are minor in the context of the existing approved built form and
arise from enclosing existing balcony areas rather than expanding the building footprint. On this
basis, it is considered reasonable to accept the proposed gross floor area & plot ratio variations.
Existing Condition 1
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered 871-SW-1,
prepared by Construction Hydraulics Building Service Engineers and dated 13-9-02
and 0239 SK 01 B, 0236 SK 01 A1 to A2, 0240 SK 01 A3, 0239 SK 02 A1, 0240 SK 02
A2, 0236 SK 02, 0236 SK 03 A1, 0239 SK 03 A2, 0240 SK 03 A3, 0236 SK 04 C, 0239
SK 04 C and 0240 SK 04 C prepared by Greg Gibbs Architects and as may be
amended by these conditions. The colour of the development shall be muted earth
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tones generally in accordance with the approved colour perspective drawing for the
development stamped approved.
Applicant’s Request
The applicant has requested existing condition 1 be amended and replaced with the following
amended condition:
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
Original Approval: Material Change of Use of Premises (Duplex Dwelling x 3) – 22783
DA
871-SW-1 - Proposed Storm Water Drainage prepared 13-9-02
by Construction Hydraulics Building Service
Engineers
0239 SK 01 B - Site Plan prepared by Greg Gibbs -
Architects
0236 SK 01 - Site Plan prepared by Greg Gibbs -
A1 Architects
0239 SK 01 - Site Plan prepared by Greg Gibbs -
A2 Architects
0240 SK 01 - Site Plan prepared by Greg Gibbs -
A2 Architects
0239 SK 02 - Level 1 Plan prepared by Greg Gibbs -
A1 Architects
0240 SK 02 - Level 1 Plan prepared by Greg Gibbs -
A2 Architects
0236 SK 02 - Level 1 Plan prepared by Greg Gibbs -
Architects
0236 SK 03 - Level 2 Plan prepared by Greg Gibbs -
A1 Architects
0240 SK 03 - Level 2 Plan prepared by Greg Gibbs -
A3 Architects
0240 SK 04 C - Elevations prepared by Greg Gibbs -
Architects
0239 SK 04 - Elevations prepared by Greg Gibbs -
BB Architects
0236 SK 04 C - Elevations prepared by Greg Gibbs -
Architects
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Additional Approved Plans
Sheet 1 of 6 HM- Site Plan prepared by Mandy’s Design + 22 June 2026
2026-D Drafting
Sheet 2 of 6 HM- Existing Upper Floor prepared by Mandy’s 22 June 2026
2026-D Design + Drafting
Sheet 3 of 6 HM- Existing Elevations prepared by Mandy’s 22 June 2026
2026-D Design + Drafting
Sheet 4 of 6 HM- Existing Elevations Two prepared by 22 June 2026
2026-D Mandy’s Design + Drafting
Sheet 5 of 6 HM- Proposed Floor Plan prepared by Mandy’s 22 June 2026
2026-D Design + Drafting
Sheet 6 of 6 HM- Proposed Elevations prepared by Mandy’s 22 June 2026
2026-D Design + Drafting
Assessment of Request
The proposed enclosure of the balconies situated on the upper level of Units 1 and 2 is
considered to be a minor change to the approved development. The works are contained within
the existing building footprint and do not alter the approved use, number of dwellings, building
height, setbacks, site cover or car parking arrangements. The change will result in a small
increase to gross floor area and plot ratio only, associated with incorporating the existing balcony
areas into the internal floor area of each dwelling.
The external changes are limited to infilling the existing balcony openings with rendered and
painted walling and windows to match the existing built form. The change is not expected to
result in any material increase in building bulk or scale when viewed from adjoining premises or
the street, noting the works occur within the existing upper-level building footprint.
The proposal has been assessed against the relevant provisions of the 1990 planning scheme
and Noosa Plan 2020. While the resulting gross floor area and plot ratio marginally exceed the
current planning scheme benchmarks, the exceedance is minor and arises from enclosing
existing approved balcony areas rather than extending the building. The proposal maintains the
residential character of the development and does not introduce new amenity, traffic,
infrastructure or environmental impacts. The enclosure of the balconies will have limited impact
on the streetscape as these areas are orientated within the site and and do not interface with the
street. The enclosure will not also cause any overlooking issues to neighbouring lots as Unit 2 is
screened sufficiently with vegetation, creating a buffer between the neighbouring lot and Unit 1
proposes a small window, that mitigates the opportunity of overlooking to the neighbouring
balcony. This can be viewed in 7 below.
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Figure 7 – View of Unit 1 & 2 Balcony from Katharina Street
On this basis, the requested amendment to condition 1 to reference the amended plans is
supported. The amended condition will ensure the development is carried out generally in
accordance with the updated plan set while retaining the balance of the original approval
requirements.
Recommendation
It is recommended existing condition 1 be amended to read as follows:
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered 871-SW-1,
prepared by Construction Hydraulics Building Service Engineers and dated 13-9-02 and
0239 SK 01 B, 0236 SK 01 A1 to A2, 0240 SK 01 A3, 0239 SK 02 A1, 0240 SK 02 A2,
0236 SK 02, 0236 SK 03 A1, 0239 SK 03 A2, 0240 SK 03 A3, 0236 SK 04 C, 0239 SK
04 C and 0240 SK 04 C prepared by Greg Gibbs Architects and as may be amended
by these conditions. The colour of the development shall be muted earth tones generally
in accordance with the approved colour perspective drawing for the development
stamped approved.
1. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
Original Approval: Material Change of Use of Premises (Duplex Dwelling x 3) –
22783 DA
871-SW-1 - Proposed Storm Water Drainage 13-9-02
prepared by Construction Hydraulics
Building Service Engineers
0239 SK 01 B - Site Plan prepared by Greg Gibbs -
Architects
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0236 SK 01 - Site Plan prepared by Greg Gibbs -
A1 Architects
0239 SK 01 - Site Plan prepared by Greg Gibbs -
A2 Architects
0240 SK 01 - Site Plan prepared by Greg Gibbs -
A2 Architects
0239 SK 02 - Level 1 Plan prepared by Greg Gibbs -
A1 Architects
0240 SK 02 - Level 1 Plan prepared by Greg Gibbs -
A2 Architects
0236 SK 02 - Level 1 Plan prepared by Greg Gibbs -
Architects
0236 SK 03 - Level 2 Plan prepared by Greg Gibbs -
A1 Architects
0240 SK 03 - Level 2 Plan prepared by Greg Gibbs -
A3 Architects
0240 SK 04 C - Elevations prepared by Greg Gibbs -
Architects
0239 SK 04 - Elevations prepared by Greg Gibbs -
BB Architects
0236 SK 04 C - Elevations prepared by Greg Gibbs -
Architects
Additional Approved Plans
Sheet 1 of 6 HM- Site Plan prepared by Mandy’s Design + 22 June 2026
2026-D Drafting
Sheet 2 of 6 HM- Existing Upper Floor prepared by 22 June 2026
2026-D Mandy’s Design + Drafting
Sheet 3 of 6 HM- Existing Elevations prepared by 22 June 2026
2026-D Mandy’s Design + Drafting
Sheet 4 of 6 HM- Existing Elevations Two prepared by 22 June 2026
2026-D Mandy’s Design + Drafting
Sheet 5 of 6 HM- Proposed Floor Plan prepared by 22 June 2026
2026-D Mandy’s Design + Drafting
Sheet 6 of 6 HM- Proposed Elevations prepared by 22 June 2026
2026-D Mandy’s Design + Drafting
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4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 83(9) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132002.220222.1 to make a minor change to an existing approval
for Material Change of Use of Premises (Duplex Dwelling x 3) – Council reference 22783 DA –
situated at Molinara 1/35 Katharina St Noosa Heads Qld 4567 & Molinara 2/35 Katharina St Noosa
Heads Qld 4567 and described as Lot 2 SP 167222, Council on <insert date> decided to:
A. Approve the change.
B. Amend condition 1 to read as follows:
Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
Original Approval: Material Change of Use of Premises (Duplex Dwelling x 3) – 22783
DA
871-SW-1 - Proposed Storm Water Drainage prepared 13-9-02
by Construction Hydraulics Building Service
Engineers
0239 SK 01 B - Site Plan prepared by Greg Gibbs -
Architects
0236 SK 01 - Site Plan prepared by Greg Gibbs -
A1 Architects
0239 SK 01 - Site Plan prepared by Greg Gibbs -
A2 Architects
0240 SK 01 - Site Plan prepared by Greg Gibbs -
A2 Architects
0239 SK 02 - Level 1 Plan prepared by Greg Gibbs -
A1 Architects
0240 SK 02 - Level 1 Plan prepared by Greg Gibbs -
A2 Architects
0236 SK 02 - Level 1 Plan prepared by Greg Gibbs -
Architects
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0236 SK 03 - Level 2 Plan prepared by Greg Gibbs -
A1 Architects
0240 SK 03 - Level 2 Plan prepared by Greg Gibbs -
A3 Architects
0240 SK 04 C - Elevations prepared by Greg Gibbs -
Architects
0239 SK 04 - Elevations prepared by Greg Gibbs -
BB Architects
0236 SK 04 C - Elevations prepared by Greg Gibbs -
Architects
Additional Approved Plans
Sheet 1 of 6 HM- Site Plan prepared by Mandy’s Design + 22 June 2026
2026-D Drafting
Sheet 2 of 6 HM- Existing Upper Floor prepared by Mandy’s 22 June 2026
2026-D Design + Drafting
Sheet 3 of 6 HM- Existing Elevations prepared by Mandy’s 22 June 2026
2026-D Design + Drafting
Sheet 4 of 6 HM- Existing Elevations Two prepared by 22 June 2026
2026-D Mandy’s Design + Drafting
Sheet 5 of 6 HM- Proposed Floor Plan prepared by Mandy’s 22 June 2026
2026-D Design + Drafting
Sheet 6 of 6 HM- Proposed Elevations prepared by Mandy’s 22 June 2026
2026-D Design + Drafting
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