MCU17/0559.05 - PLANNING & ENVIRONMENT COURT APPEAL 1842 OF 2026 - FOR MINOR CHANGE TO A DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A DUPLEX DWELLING AT 2/16 GRANT STREET, NOOSA HEADS · Report

GENERAL COMMITTEE MEETING                                                         11 AUGUST 2026


7.2.6       MCU17/0559.05 - PLANNING & ENVIRONMENT COURT APPEAL 1842 OF
            2026 - FOR MINOR CHANGE TO A DEVELOPMENT PERMIT FOR A
            MATERIAL CHANGE OF USE FOR A DUPLEX DWELLING AT 2/16
            GRANT STREET, NOOSA HEADS


Author            Development Assessment Manager, Patrick Murphy
                  Development & Regulation Department
Index             ECM/ Application/ MCU17/0559.05
                  ECM/ Case/ MAAN Investments Pty Ltd
Attachments       1.   ATTACHMENT 1 – DEVELOPMENT ASSESSMENT MANAGER’S
                       REPORT
                  2.   ATTACHMENT 2 - APPROVED PLANS - MCU17 0559.04


EXECUTIVE SUMMARY
This report concerns Planning and Environment Court Appeal No. 1842 of 2026 relating to Council's
refusal of Minor Change Application MCU17/0559.05 for a dual occupancy development at 2/16
Grant Street, Noosa Heads. The appeal seeks to remove a requirement for planter boxes that were
imposed as part of an earlier approval to address non-compliances associated with the
development's gross floor area and plot ratio.

The original development approval for a Multiple Housing Type 2 Duplex was issued in August 2020.
Subsequent inspections undertaken during the plan sealing process identified significant departures
from the approved plans which resulted in the development exceeding the maximum gross floor area
and plot ratio controls applicable to the site.

To address these non-compliances, a retrospective minor change application was approved in
January 2024. As part of that approval, planter boxes were required along sections of the lower level
to provide screening and mitigate the visual and planning impacts resulting from the exposed lower
floor level.

In February 2026, the applicant sought a further minor change to remove the planter box
requirement, citing structural deterioration, moisture retention, termite risks and maintenance
concerns. Following assessment, Council refused the application on 2 June 2026, finding that the
proposal would be contrary to the intent of the planning scheme, would fail to address the non-
compliant built form outcome, and would undermine the consistent application of gross floor area
controls.

The applicant subsequently appealed Council's decision to the Planning and Environment Court on
23 June 2026. The appellant contends that removal of the planter boxes would not adversely affect
surrounding properties, would improve the amenity and maintenance of the premises, and would
remain consistent with relevant planning scheme provisions. Council's position is that the planter
boxes form an integral component of the approved planning outcome and that their removal would
result in an unacceptable planning precedent and built form outcome inconsistent with the
development approval and planning scheme intent.

The recommendation is that Council note the appeal and resolve to defend the proceedings.

RECOMMENDATION
That Council