Council archive · source document
Minor Change Report 51989 294 03 (As Published) · 51989.294.03
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner Matthew Pinese,
Development Assessment
APPLICATION DETAILS
Application No. 51989.294.03
Development Approval Group housing development of 21 Dwellings
Applicant Karyn Louise Veronica Brinkley
Request Received On 25 March 2026
Report Reviewed By Andrew Gaffney - 15 May 2026
Decision Due Date
PROPERTY DETAILS
Property Address Retreat Peregian 3/390 David Low Way Peregian Beach Qld
4573
RP Description Lot 3 on GTP102586
Land Area 5910m2
Existing Use of Land Group housing
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Not applicable
Local Area Plan Coastal Communities
Overlays • Land Subject to Acid Sulfate Soils (Area 2 – Above 5 metres
AHD to 20 metres AHD)
• Coastal Protection (Coastal Protection and Scenic Amenity)
• Bushfire Hazard (Potential Impact Buffer)
• Landslide Hazard (Moderate Hazard Area)
Assessment Type Minor Change to Town Planning Consent Permit
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1. PROPOSAL
The applicant seeks approval to make a minor change to an existing development approval
(TPC2209) for a group housing development of 21 dwellings, limited to alterations and additions
to Unit 3 within the Retreat Peregian complex.
The change involves:
(1) a new storeroom area on the lower level beneath the existing deck;
(2) internal alterations including bathroom and ensuite renovations to the middle (ground) level;
(3) an ensuite/powder room addition to the upper level; and
(4) minor external changes to cladding, window placement and external battening.
The change results in an additional 15.2m² of gross floor area and 2.1m² of additional site cover,
taking the overall development to 2,911.32m² GFA and 1,823.1m² site cover (20.40%).
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Proposed Basement Plan
Figure 3 – Proposed Ground Floor Plan
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Figure 4 – Proposed Level 1 Plan
Figure 5 – Proposed Roof Plan
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Figure 6 – Proposed North Elevation
Figure 7 – Proposed East Elevation
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Figure 8 – Proposed South Elevation
Figure 9 – Proposed West Elevation
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Figure 10 – Proposed Section A
Figure 11 – Proposed Section B
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Figure 12 – Existing and Proposed Section C
2. BACKGROUND
A Town Planning Consent (TPC2209) for a group housing development of 21 dwellings was
approved on 1 June 1989. Subsequent minor changes have been approved, most recently in 2022.
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).
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
o dramatically change the built form in terms of scale, bulk and appearance; or
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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 1985 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:
• Tourist Accommodation Zone Code;
• Coastal Communities Local Plan Code;
• Visitor Accommodation Code;
• Works Codes;
The proposed changes align with the 1985 Planning Scheme and the Noosa Plan 2020. The
pertinent issues arising from the Noosa Plan 2020 are as follows:
Site Cover
The proposed additions to site cover are minor and involve the addition of an ensuite, which
constitutes 2.1m2. The resulting overall site cover would increase from 1,821m2 (20.38%) to
1,823.1m² (20.40%) which remains well below the planning scheme maximum of 40% for the
relevant housing form. The proposal therefore maintains the approved low-scale built form and
aligns with the relevant planning scheme provisions.
Setback
The existing setback from the southern boundary of the lot is approximately 1.5m. The proposed
changes reduce the setback by approximately 1 metre, resulting in a setback of 0.5m. This does
not comply with AO13.1 of the Tourist Accommodation Zone Code. PO13 can therefore be given
weight for the assessment:
PO13
Buildings and other 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. allow for soft landscaping to be provided between buildings and the site boundaries to
provide for trees and shrubs;
g. contribute to open streetscapes by avoiding buildings and roofed structures within the
front 6 metres of the property; and
h. protect the natural character and avoid adverse impacts on ecologically important
areas such as the beach, Noosa River, national parks and other parklands.
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Due to the group housing use of the site and the minimal extent of the ensuite, the proposed
changes are considered to align with PO13 in that they allow for adequate distance between Unit
3 and Unit 2, and do not adversely impact amenity or privacy for users of the subject site or
adjoining premises.
Recommendation
It is recommended an additional conditions be included to read as follows:
Approved Plans
32. 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
202618/DA1.08 A Demo Basement Plan, prepared by 2/03/2026
Blackwood
202618/DA1.09 A Demo Ground Floor Plan, prepared by 2/03/2026
Blackwood
202618/DA1.10 A Demo Level 01 Plan, prepared by 2/03/2026
Blackwood
202618/DA2.01 A Proposed Basement Plan, prepared by 2/03/2026
Blackwood
202618/DA2.02 A Proposed Ground Floor Plan, prepared by 2/03/2026
Blackwood
202618/DA2.03 A Proposed Level 1 Plan, prepared by 2/03/2026
Blackwood
202618/DA2.04 A Proposed Roof Plan, prepared by 2/03/2026
Blackwood
202618/DA3.07 A North Elevation Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.08 A East Elevation Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.09 A South Elevation Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.10 A West Elevation Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.11 A Section A Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.12 A Section B Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.13 A Section C, prepared by Blackwood 2/03/2026
202618/DA6.01 A Powdery Room Joinery Plan, prepared by 20/03/2026
Blackwood
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The following additional conditions are recommended to facilitate the partial demolition of the unit:
Partial Demolition of Existing Building
Codes of Development
33. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
Works
34. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste Management
35. Adequate area must be provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
removal or demolition works.
36. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
37. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work.
Water Quality and Drainage
38. Erosion and sediment control is to be undertaken in accordance with the requirements of the
Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
maintained until soils are stabilised by vegetation or sealed.
NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
Health and Safety
39. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
40. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
41. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
42. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
General
43. Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
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44. Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
pre-existing conditions.
Plumbing and Drainage
45. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
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. 51989.294.03 to make a minor change to an existing approval for
town planning consent for group housing situated at Retreat Peregian 3/390 David Low Way
Peregian Beach Qld 4573 and described as Lot 3 GTP 102586, Council on 15/05/2026 decided
to:
A. Approve the change.
B. Include the following additional conditions:
Approved Plans
32. 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
202618/DA1.08 A Demo Basement Plan, prepared by 2/03/2026
Blackwood
202618/DA1.09 A Demo Ground Floor Plan, prepared by 2/03/2026
Blackwood
202618/DA1.10 A Demo Level 01 Plan, prepared by 2/03/2026
Blackwood
202618/DA2.01 A Proposed Basement Plan, prepared by 2/03/2026
Blackwood
202618/DA2.02 A Proposed Ground Floor Plan, prepared by 2/03/2026
Blackwood
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202618/DA2.03 A Proposed Level 1 Plan, prepared by 2/03/2026
Blackwood
202618/DA2.04 A Proposed Roof Plan, prepared by 2/03/2026
Blackwood
202618/DA3.07 A North Elevation Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.08 A East Elevation Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.09 A South Elevation Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.10 A West Elevation Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.11 A Section A Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.12 A Section B Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.13 A Section C, prepared by Blackwood 2/03/2026
202618/DA6.01 A Powdery Room Joinery Plan, prepared by 20/03/2026
Blackwood
Partial Demolition of Existing Building
Codes of Development
33. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
Works
34. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste Management
35. Adequate area must be provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
removal or demolition works.
36. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
37. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work.
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Water Quality and Drainage
38. Erosion and sediment control is to be undertaken in accordance with the requirements of the
Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
maintained until soils are stabilised by vegetation or sealed.
NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
Health and Safety
39. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
40. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
41. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
42. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
General
43. Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
44. Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
pre-existing conditions.
Plumbing and Drainage
45. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
C. Undertake minor administrative amendments to condition 31 approved plans table to rectify
incorrect dates and revision number
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