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Minor Change Report 51981 4258 03 [As Published] · 51981.4258.03
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Senior Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No. 51981.4258.03
Development Approval 51981.4258
Applicant Lindsay 6 Investments Pty Ltd
Request Received On 24 December 2024
Report Reviewed By Nadine Gorton 13.02.2025
Decision Due Date 30 January 2025
PROPERTY DETAILS
Property Address Costa Nova 3/1 Belmore Tce Sunshine Beach
RP Description Lot 21 BUP 9851
Land Area 2,198m2
Existing Use of Land Multiple Dwelling
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone High Density Residential
Precinct Not applicable
Local Area Plan Coastal Communities Local Plan Area
Overlays Land Subject to Acid Sulfate Soils
Coastal Protection and Scenic Amenity
Landslide Hazard
Assessment Type Minor change to development approval
1. PROPOSAL
The applicant seeks approval to change an existing development approval for the purpose of
removing reference to “exclusive use” in Condition 2 of the development permit.
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The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Existing Plans
Figure 3 – Floor Plan showing Apartment 3
2. BACKGROUND
A development approval was issued in November 1981, for a 4 storey multiple dwelling of 18 units.
This approval was modified in July 1988 following negotiations with the applicant for improvements
to the building including alterations to car parking, inclusion of a lift, reduction in building height
and deletion of general store, sauna, public toilets and inclusion of a manager’s office. The
approval was further modified in June 1999 permitting an increase to the living area of an existing
unit into the existing balcony area for a top-level unit.
A further change to the development approval was approved on 8 December 2023 for
refurbishments to the existing pool area and the addition of a new BBQ area, subject to some plan
amendments.
There is a Short Stay Letting approval on the site (Council ref. SSL22/0835).
51981.4258.02 was approved on 3 January 2024 for the purpose of separating the office space
attached to Apartment 3 (which is currently functioning as a manager’s residence) and converting
this space into an additional room in the apartment. The existing storage room adjoining Apartment
3 was to be renovated to accommodate the reception/office space for use by an offsite manager.
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).
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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:
• 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 1973 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:
• High Density Residential Zone Code;
• Coastal Communities Local Plan Code;
• Dual Occupancy & Multiple Dwelling Code;
• Coastal Protection and Scenic Amenity Code.
Existing Condition 2
Nature and Extent of Approved Use
2. Provision of at least 25 off-street car parking spaces, comprising 20 covered spaces and 5
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Town Planning
Scheme, Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans
and specifications for these works are to be submitted to the Shire Engineer for approval in
conjunction with the Building Application.
2.1. 2 covered spaces are for exclusive use by Apartment 3.
2.2. 1 space is for exclusive use by the Manager’s Office.
Applicant’s Request
The reason for the request is to remove the word “exclusive” from Condition 3 as this requires
amendment to the Community Management Statement.
The applicant has requested existing Condition 3 be amended and replaced with the following
amended condition:
2. Provision of at least 25 off-street car parking spaces, comprising 20 covered spaces and 5
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Town Planning
Scheme, Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans
and specifications for these works are to be submitted to the Shire Engineer for approval in
conjunction with the Building Application.
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2.1. 2 covered spaces are for exclusive use by Apartment 3.
2.2. 1 space is for exclusive use by the Manager’s Office.
Assessment of Request
The intent of the condition was to ensure that carparking was available for for the different
occupiers of Apartment 3 and the Manager’s Office. It is considered that line marking or signage
would be sufficient to identify these spaces as for use by the users/occupiers/ of Apt3 and the
Managers Office.
Recommendation
It is recommended existing condition be amended to read as follows:
2. Provision of at least 25 off-street car parking spaces, comprising 20 covered spaces and 5
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Town Planning
Scheme, Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans
and specifications for these works are to be submitted to the Shire Engineer for approval in
conjunction with the Building Application.
2.1. 2 covered spaces are to for exclusive use by Apartment 3 and appropriately
signed/marked.
2.2. 1 space is for exclusive use by the Manager’s Office and appropriately
signed/marked.
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. 51981.4258.03 to make a minor change to an existing approval for
Town Planning Consent – Multiple Dwelling (18 Units) situated at Costa Nova 3/1 Belmore Tce
Sunshine Beach Qld 4567 and described as Lot 21 BUP 9851, Council on 13 February 2025
decided to:
A. Approve the change.
B. Amend conditions 2 to read as follows:
2. Provision of at least 25 off-street car parking spaces, comprising 20 covered spaces and 5
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Town Planning
Scheme, Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans
and specifications for these works are to be submitted to the Shire Engineer for approval in
conjunction with the Building Application.
2.1. 2 covered spaces are for use by Apartment 3 and appropriately signed/marked.
2.2. 1 space is for use by the Manager’s Office and appropriately signed/marked.
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