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Delegated Report - Code - Planning MCU25 0146 (As Published) · MCU25/0146
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DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior Development Planner, Andrew Gaffney
Development Assessment
APPLICATION DETAILS
Application No. MCU25/0146
Applicant Michelle Constance Howe
Keith Sylvester Howe
Proposal Material Change of Use - Dwelling house
Properly Made Date 2 January 2026
Information Request Date 22 January 2026
Information Response Date 13 February 2026
Decision Due Date 30 July 2026
Report Reviewed & G.Schramm 30.7.2026
Finalised By
PROPERTY DETAILS
Property Address 22 Lorikeet Dr PEREGIAN BEACH QLD 4573
RP Description Lot 708 P 93127
Land Area 728 m²
Existing Use of Land Vacant lot
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential Zone
Precinct Not Applicable
Local Plan Area Coastal Communities Local Plan
Overlays • Land Subject to Acid Sulfate Soils – Area 1
• Bushfire Hazard Overlay – Potential Impact Buffer
• Coastal Protection and Scenic Amenity Overlay
Assessment Type Code
Document Set ID: 24579140
Version: 9, Version Date: 31/07/2026
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1. PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house.
Code assessment has been triggered as the proposed works are within the Coastal Protection
Overlay – Coastal Protection and Scenic amenity mapped area.
The proposed development is a two storey five-bedroom dwelling house. The form of the house is
generally square plus an attached 2 car garage at the front. The ground and upper levels include
raised terraces and balconies. While these areas comply with the prescribed side boundary
setbacks, a condition can be imposed to prevent direct overlooking of adjoining residential
properties. Subject to a reasonable condition, the proposal is able to maintain an appropriate level
of residential amenity and privacy for neighbouring premises.
The dwelling is set back 6.0 metres from the ocean side boundary.
Total proposed GFA is 298m2.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
Figure 3 – Ground Floor Plan
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Figure 4 – Upper Floor Plan
Figure 5 – Roof Plan
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Figure 6 – Western Elevation
Figure 7 – Southern Elevation
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Figure 8 – Eastern Elevation
Figure 9 – Northern Elevation
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Figure 10 - Landscape Plan
Figure 11 - Streetscape Render
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Figure 12 - Rear Render
1.1. Site History
An Information Request was forwarded to the applicant dated 9 December 2025. The applicant
submitted response to the information request on 13 February 2026.
The following issues were raised:
a. Potential overlooking of neighbouring properties from rooftop terrace
In response, the applicant submitted an amended plan adding a planter block designed to
obscure the views to the neighbouring property to the south. The applicant also provided
sightlines.
b. Amend plans to reduce side setback
In response, the applicant submitted amended plans reducing upper eave setbacks from
approx. 1.1m to 1.4m.
c. Amend front façade to ensure house addresses tress and improves streetscape
In response, Front facing windows and an awning over the front door have been added to
the plans to meet the Acceptable Outcome AO1.
d. Confirm house does not exceed 8m
The applicant provided amended plans, including survey plans to demonstrate the house
does not exceed 8m.
e. Amend the southern elevation to more successfully respond to PO12 by avoiding large
continuous wall planes and elevations
The applicant chose not to amended plans.
f. Provide landscape plan including rear setback area
A landscape plan was provided indicating grass and native coastal vegetation to be planted
on site.
Following further feedback from Council the applicant submitted revised plans which removed the
roof deck and made the house more regular in shape. The GFA was reduced to 298m2.
1.2. Site Description
The subject site is a residential lot, 728m² in area, located fronting the beach/dunes at Peregian
Beach. The site fronts Lorikeet drive.
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The site slopes from the street frontage to the rear with approximately 1.75m fall. The site is
currently vacant.
Noosa Plan 2020 mapped Erosion Prone Area - 2100 area
The Noosa Plan mapped Erosion Prone Area (2100) extends into the subject site from the eastern
boundary to a depth of approximately 7.0 metres.
The closest component of the proposed development to the eastern boundary is the ground level
stair structures, which are setback approximately 7.2 metres from the rear seaward boundary.
Accordingly, the proposed building footprint is generally located outside the mapped EPA 2100
area. Having regard to the extent of the encroachment and the siting of the proposed development,
it is reasonable to conclude that the development is predominantly located outside the mapped
erosion prone area and will not be adversely affect the natural coastal processes or the long-term
management of coastal hazards.
1.3. Surrounding Land Uses
The site fronts Sunshine Beach and the coastal dunes to the east. Abutting to the north and south
are dwelling houses in the Low Density Residential Zone.
To the west across Lorikeet Drive are dwelling houses in the Low Density Residential Zone.
2. ASSESSMENT
2.1. 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 (26 September 2025)
2.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Low Density Housing Code;
• Coastal Protection and Scenic Amenity Overlay Code.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Assessment
The subject site is located in Peregian Beach and is zoned Low Density Residential zone.
Code assessment has been triggered as the proposed works are within the Coastal Protection
Overlay – Coastal Protection and Scenic amenity mapped area.
The site is located within the Land Subject to Acid Sulfate Soils Overlay – Area 1, however
assessment against this overlay is not triggered as less than 100m3 below 5mAHD is being
excavated
The site is located within the Bushfire Hazard Overlay – Potential impact buffer, however
assessment against this overlay is not triggered as the works are associated with a Dwelling
House. However, assessment against the relevant building assessment provisions under the
Building Code of Australia will be required for Building Certification.
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The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max 2 storeys
• metres 8 metres 8m
Site cover • 50% OR 42.3% ground
• 50% / 30%; or 25.5% upper floor
• 40% for both storeys
Building height 2 storeys and 8m max 2 storeys and 7.29m
Gross floor area 500m² max 298m2
Boundary setbacks
Ground Floor Plan
• Frontage 6.0 metres min 4.6 - 5.3 metres (minor X
awning at front of garage)
• Side (north/east) 1.5 metres min 2.0 metres
• Side (south/west) 1.5 metres min 2.0 metres
• Rear 6.0 metres min 6.0 metres
First Floor Plan
• Frontage 6.0 metres min 6.0 metres
• Side (north/east) 2.0 – 2.5 metres min 2.0 metres
• Side (south/west) 2.0 – 2.5 metres min 2.0 metres
• Rear 6.0 metres min 6.0 metres
Soft landscaping 20% of site 30% approx.
Carparking 2 covered min 2 covered
Plus 1 additional
Streetscape and No wall greater than 5 metres No wall exceeds 16m in
presentation in height has a length greater length
than 20 metres.
Coastal Protection Where a coastal building line All structures are 6m from
and Scenic Amenity does not exist on a lot seaward boundary
Overlay fronting the beachfront or a
reserve adjoining the
beachfront, new buildings
and structures are setback
no less than 6 metres from
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Criteria Planning Scheme Proposal Complies
the seaward boundary of the
site.
Front Setback – AO9.1 of the Low density residential zone
The proposal does not comply with AO9.1 of the code, as a portion of the garage eave encroaches
into the required 6 metre front setback, with a minimum setback ranging from approximately 4.6 -
5.4 metres.
The non-compliance is generally minor in nature and is limited to an eave rather than a habitable
component of the dwelling. The encroachment will not adversely affect the amenity of adjoining
premises, obstruct views, or alter the open streetscape character of Lorikeet Drive.
The main building envelope of the dwelling maintains an appropriate presentation to the street,
with the building bulk generally located behind the prescribed 6.0 metre setback line and
opportunities retained for landscaping within the frontage.
The proposal complies with the intent of PO9.
3. CONSULTATION
3.1. Referral Agencies
Not Applicable
3.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer
The Acid Sulfate overlay covers the site, although the proposed dwelling is above 5m AHD and
does appear to require significant earthworks triggering assessment.
A small portion of Landslide Hazard affected land is adjacent to the property but does not impact
the lot or proposal.
The internal width of the driveway is less than 6m complying with AO15 of the LDRZC, with the
ability to construct a standard vehicle crossover.
4. 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 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU25/0146 for Material Change of Use - Dwelling house situated
at 22 Lorikeet Dr PEREGIAN BEACH QLD 4573 and described as Lot 708 P 93127, it is
recommended the application be approved in accordance with the following details for the Decision
Notice:
1. APPLICATION DETAILS
Application No: MCU25/0146
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Street address: 22 Lorikeet Dr PEREGIAN BEACH QLD 4573
Real property description: Lot 708 P 93127
Planning Scheme: Noosa Plan 2020 (26 September 2025)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Dwelling House (Front Building Setback
& Works within Coastal Protection and Scenic Amenity Overlay)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues
Currency Period
2. This development approval lapses if the works have not substantially started by 30 July
2032, unless an application to extend the currency period is approved by Council.
Approved Plans
3. 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
100.00 DA2 Site Plan Proposed prepared by Aphora 08.07.2026
200.00 DA2 Floor Plan - Ground Floor prepared by 08.07.2026
Aphora
200.01 DA2 Floor Plan – Upper Floor prepared by 08.07.2026
Aphora
210.00 DA2 Roof Plan prepared by Aphora 08.07.2026
400.00 DA2 Western Elevation prepared by Aphora 08.07.2026
300.01 DA2 Southern Elevation prepared by Aphora 08.07.2026
300.02 DA2 Eastern Elevation prepared by Aphora 08.07.2026
300.03 DA2 Northern Elevation prepared by Aphora 08.07.2026
400.00 DA2 Sections Cross Section A-A prepared by 08.07.2026
Aphora
400.02 DA2 Sections Cross Section C-C prepared by 08.07.2026
Aphora
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200.00L DA2 Landscape Plan prepared by Aphora 08.07.2026
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground level.
including where excavation is undertaken.
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Protection of Privacy
6. The ground level “covered terrace” located at the north eastern corner of the Dwelling house
must include either balcony planter boxes, balustrading or fixed external screens, positioned
in such a way to obscure direct views into the habitable room windows or private open space
areas of the adjoining property. Any fixed external screen(s) must not extend more than 50%
of the length of the balcony.
Car Parking
7. A minimum of 2 car parking spaces must be provided on site and made available and
accessible at all times for residents.
Site Access and Driveways
8. A sealed access driveway must be provided from Lorikeet Street to all parking and
manoeuvring areas of the development. The works must include in particular:
a. a driveway crossover in accordance with Council standard drawings RS-049 and RS-
050
Coastal Protection
9. External design features, materials and finishes must be as shown on the Approved Plans,
with no inclusions or alterations made without approval in writing by Council.
10. Any rear fencing adjacent to the beachfront must not exceed 1.2 metres in height, be of open
construction, constructed of light weight materials (eg. timber) and be dark in colour to blend
with the natural landscape.
11. Gates must not be installed along the eastern property boundary to gain direct access to the
beachfront.
12. External colours and finishes must be of muted/environmental tones that blend with the
natural environment and low-reflective roofing and cladding materials.
13. All lighting must be positioned and managed to reduce sky glow and light spill onto the beach
to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings. The following
must be undertaken:
a. The number and wattage of lights must be minimised.
a. All lights must be recessed into structures and roof, and directed away from the turtle
nesting habitat.
b. All lights must be recessed into structures and roof, and directed away from the turtle
nesting habitat.
c. No lighting is permitted on the roof of the building.
d. All outdoor lights, including balcony lights, must be turned off between 8:00pm and
sunrise during turtle nesting and hatching season (October – May).
e. External feature lighting to the building must be positioned below 8 metres in height
and turned off between 8:00 pm and sunrise during turtle nesting and hatching season
(October – May).
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f. No upward lights or vertical illumination of the building, vegetation or other structures
using lighting that shines into the sky to be used.
g. Where lighting is required for safety purposes (including all corridors above ground
level, stairwells, entry points etc.), the lighting of these areas must be activated by
proximity sensors or motion detectors with an associated deactivation of the lighting
after no more than 10 minutes during turtle nesting and hatching season (October –
May). For lighting in other areas, timers, proximity or motion activated light sensors
must be used wherever possible.
h. No decorative outdoor lighting is to be fitted to the buildings, open space or recreation
areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October –
May).
i. Pool lighting must be switched off after 8:00pm during nesting and hatching season
(October – May).
j. All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
14. Prior to the commencement of the use, a minimum 5-metre-wide landscaped buffer must be
established and maintained along the seaward/rear boundary of the site. The landscaped
buffer must comprise a mix of locally native groundcovers, shrubs and trees, planted at
densities sufficient to provide a continuous vegetation buffer that protects and reinforces the
adjoining coastal dune system.
Plantings are sourced from the Noosa Plan 2020 - PSP2 Landscaping planning scheme
policy and maintained for the life of the use at the site.
Performance Bond
15. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the
commencement of the use. The cash bond or trading bank guarantee will be returned on
performance of the conditions of approval less any costs incurred by Council in respect of
enforcing performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
Stormwater Drainage
16. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge without causing scour or damage to the subject site or any adjoining properties.
Damage to Services and Assets
17. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
Earthworks and Retaining Walls
18. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be contained entirely within the subject site unless
written permission form the respective landowner(s) is provided to Council. All earthworks
must be undertaken in accordance with the provisions of Australian Standard AS3798:
Guidelines on Earthworks for Commercial and Residential Developments.
19. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height.
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20. Compaction with a vibrating roller must not be carried out within 600mm of any utility
infrastructure.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Infrastructure Charges
3. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Property Driveway and Vehicle Crossover
5. The planning scheme declares for the construction of a driveway and vehicle crossover to
the property to be Accepted Development subject to meeting the requirements of the Low
Density Housing Code. If the proposed driveway and vehicle crossover does not comply with
each Acceptable Outcomes contained in the Code, a Development Permit for Operational
Work is required to be obtained from Council.
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*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
Fires in Urban Areas
6. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Road Reserve Permit
7. This development permit provides the applicant with written authority to undertake the
development in accordance with the conditions. Any additional activities that are undertaken
inside Council’s road reserve for the purpose of acting on this development permit may
require a Road Reserve Permit. These additional activities may include, but are not limited
to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
Permit, or for more information, Contact Council’s Road Reserve Officer at
[email protected] Act 2014 – Fire Ant Control
8. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls.
Development Compliance Inspection
9. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Performance Bond Agreement
10. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
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During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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