Original source · versioned page text
Minor Change Report MCU22 0087 01 (As Published)
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Tiani Bird and Andrew Gaffney
Development Assessment
APPLICATION DETAILS
Application No. MCU22/0087.01
Development Approval Development Permit for a Material Change of Use of Premises
to Establish a Multiple Dwelling (3 units)
Development Permit for Operational Works (Drainage Work,
Landscaping, Stormwater & Earthworks)
Applicant S & J Knobel P/L Tte C/- Pivotal Perspectives Pty Ltd
Request Received On 25 November 2024
Report Reviewed By Andrew Gaffney & Georgina Schramm - 17 November 2025
Decision Due Date 23/12/2024
PROPERTY DETAILS
Property Address 37 Bottlebrush Ave Noosa Heads Qld 4567
RP Description Lot 133 RP 88934
Land Area 491m2
Existing Use of Land Dwelling House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone High Density Residential Zone
Precinct Not applicable
Local Area Plan Noosa Heads
Overlays • Landslide Hazard Overlay
Assessment Type Minor Change to Development Permit for a Material Change of
Use of Premises to Establish a Multiple Dwelling (3 units)
Page 1 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalLog in to download the original file
The download may take up to a minute.
Full text of the other 33 pages
Page 2
1. PROPOSAL
The applicant seeks approval for a minor change to an existing development approval for a
Development Permit for a Material Change of Use of Premises to Establish a Multiple Dwelling (3
units). The applicant seeks to make the following changes to the existing approval:
• Amend Condition 2 to include an additional year to the currency period;
• Amend Condition 3 to update the list of approved plans relating to the Material Change of
Use;
• Delete Condition 7 relating to rooftop terraces;
• Amend Condition 10 to change the bond sum required;
• Amend Condition 26, 28, and 32 to update the drawing no. referenced;
• Amend Condition 47 to update the list of approved plans relating to the Operational Works;
• Amend Condition 48 to include an additional 2 years to the currency period.
The original development approval included 3 x dwelling units with a private roof terrace. The new
proposed elements contained within each dwelling unit is included within the table below:
Unit Ground Floor First Floor Second Floor
Common Six car spaces (2 - -
areas per unit)
1 Swimming pool, Kitchen, dining, living, terrace 2 x bedrooms, ensuite,
terrace, lift. (front and rear), powder room, media room, bathroom,
laundry, lift. lift, terrace.
2 Plunge pool, Kitchen, dining, living, terrace 2 x bedrooms, ensuite,
landscaped (front and rear), powder room, media room, bathroom,
entrance, lift. laundry, lift. lift, terrace.
3 1 x bedroom, Kitchen, living, dining, laundry, 2 x bedrooms, 2 x
ensuite, terrace, lift. ensuite, terrace, lift, pool. ensuites, terrace, lift.
The locality and proposal plan are included below.
Figure 1 – Locality
Page 2 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 3
Figure 2 – Aerial Image
Page 3 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 4
Figure 3 – Site Plan
Page 4 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 5
Figure 3 – Ground Floor Plan
Figure 4 – Level 1 Floor Plan
Page 5 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 6
Figure 5 - Level 2 Floor Plan
Figure 6 – Roof Plan
Page 6 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 7
Figure 7 – North Elevation
Figure 8 – East Elevation
Page 7 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 8
Figure 9 – South Elevation
Figure 10 – West Elevation
2. BACKGROUND
A Development Permit for a Material Change of Use of Premises to Establish a Multiple Dwelling
(3 units) was approved on 27 July 2023.
The original application approved 3 dwelling units with three private roof terraces. Two of these
terraces where roofed with annotated plans removing the roof relating to the terraces closest to
the Berrima Row frontage.
The Noosa Plan 2020 (Sept 2020) required that a Multiple Dwelling provides one covered space
per small dwelling (<100m² GFA) plus one additional space per four dwellings, therefore the
proposal is required to provide 6 carparks on site.
The elements contained within each approved dwelling unit is included within the table below:
Unit Basement Floor Ground Floor First Floor
Common 6 x parking spaces, lift, Pool Not applicable.
areas pool
1 Not applicable. Two bedrooms, media room, Kitchen, dining,
bathroom, ensuite, lift, balcony, living, powder
deck. room, laundry,
balcony, lift.
Page 8 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 9
2 Not applicable. Two bedrooms, media room, Kitchen, dining,
bathroom, ensuite, lift, balcony, living, powder
deck. room, laundry,
balcony, lift.
3 Two bedrooms, lift, Kitchen, living, dining, laundry, One bedroom,
bathroom, terrace powder room, balcony, lift ensuite, balcony.
An extract of the approval plans is included below:
Figure 13 – Approved Site Plan
Page 9 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 10
Figure 14 – Approved Basement Plan
Figure 15 – Approved Ground Floor Plan
Page 10 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 11
Figure 16 – Approved First Floor Plan
Page 11 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 12
Figure 17 – Approved Second Floor Plan
Figure 18 – Approved South Elevation
Page 12 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 13
Figure 19 – Approved East Elevation
Figure 20 – Approved North Elevation
Figure 21 – Approved West Elevation
Page 13 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 14
Figure 22 – Approved Section A.A
Figure 23 – Approved Section B.B
Page 14 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 15
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).
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
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 Noosa Plan 2020. 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:
• Landslide Hazard Overlay Code
• High Density Residential Zone Code;
• Noosa Heads Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Page 15 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 16
Criteria Planning Proposal Complie
Scheme s
Building height
• storeys 3 storeys max 3 storeys including basement
• metres 12 metres 11.6 (top of roof terrace)
Site cover 40% max 40%
Plot ratio 0.65:1 max 0.644:1 (317m2)
(319.45m2)
Boundary setbacks
Units 1 & 2
Basement
Frontage (Bottlebrush) 6.0 metres min 4.6 metres (no change to approved) X
Frontage (Berrima) 6.0 metres min NA
Side (north west) 1.5 metres min Approved 1.2m – 1.5m.
Proposed change 1.7 metres
Rear (north east) 1.5 metres min Approved 0.8m.
X
Proposed change 0.35 metres
Ground Floor
Frontage (Bottlebrush) 6.0 metres min 4.6 metres (no change to approved) X
Frontage (Berrima) 6.0 metres min NA X
Side (north west) 1.5 metres min Approved 1.2metres.
Proposed change - 1.5 metres
Rear (north east) 1.5 metres min 1.7 metres (no change to approved)
First Floor
Frontage (Bottlebrush) 6.0 metres min Approved 4.6 metres. X
Proposed change 4.6m.
Frontage (Berrima) 6.0 metres min NA
1.5 metres
Side (north west) 1.5 metres min
1.7metres
Rear (north east) 1.5 metres min
Second Floor
Frontage (Bottlebrush) 10.0 metres Approved 4.6 - 5.1 metres
X
Proposed change 4.6m – 5.0 metres.
Frontage (Berrima) 10.0 metres NA
X
Side (north west) 2.0 metres min Approved 1.5 - 3.6 metres.
Proposed change 1.6 – 3.2m.
Rear (north east) 2.0 metres min 1.7 metres (no change to approved) X
Page 16 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 17
Unit 3
Lower Level (Basement
Level on plans)
Frontage (Bottlebrush) 6.0 metres min 4.6 - 5.0 metres (no change to approved) X
Frontage (Berrima) 6.0 metres min Approved predominately 5.5 metres.
Proposed change predominately
4.5m up to 6.0 metres.
Side (north west) 1.5 metres min NA
Rear (north east) 1.5 metres min Approved 0.8m.
Proposed change 0.35 metres
Ground Floor
Frontage (Bottlebrush) 6.0 metres min 4.6 metres X
Frontage (Berrima) 6.0 metres min Approved 4.9m – 5.6m. X
Proposed change 4.8m – 5.4m.
Side (north west) 1.5 metres min >1.5 metres
Rear (north east) 1.5 metres min 1.7 metres
First Floor
Frontage (Bottlebrush) 6.0 metres min Approved 5.1m. X
Proposed change 5.0m
Frontage (Berrima) 6.0 metres min Approved 5.5m.
Proposed change predominately X
1.5 metres min 5.5m
Side (north west)
1.5 metres min 5.50 metres X
Rear (north east)
NA
1.7 metres
Second Floor
Frontage (Bottlebrush) 10.0 metres Approved 5.1m.
min Proposed change 5.0 metres X
Frontage (Berrima) 10.0 metres Approved 5.5m.
min Proposed change predominately 5.5 X
metres
Side (north west)
2.0 metres min 1.5 - 3.2 metres X
Rear (north east)
2.0 metres min 1.7 metres (no change to approved) X
Length of wall 15 metres max 10 metres
Landscaped open space 196.4m² min 260m²
(40% of site)
126m²
Soft landscaping 117.8m2 min
(60% of total)
Page 17 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 18
Landscaping Setbacks
• Bottlebrush Ave 6 metres 4.5 metres (building) X
(building)
• Berrima Row 5.5 metres (building) X
6 metres
1.5metres (swimming pool) X
(building)
2 metres
(swimming
pool)
Private Open Space 20m² min each > 20m2 each
Carparking 6 covered min 6 covered
inc 1 visitor min
(development
includes 1
small dwelling
and 2
dwellings
>100m² GFA).
Existing Condition 2
Currency Period
2. This development approval lapses if the use has not happened by 21 July 2029, unless an
application to extend the currency period is approved by Council.
Applicant’s Request
The applicant has requested existing Condition 2 be amended and replaced with the following
amended condition:
Currency Period
2. This development approval lapses if the use has not happened by 21 July 2030, unless an
application to extend the currency period is approved by Council.
Assessment of Request
Agree
The applicant requests to amend Condition 2 of the development approval to add an additional
year to the currency period. The development has not commenced and in order to facilitate the
development the additional year will allow further time for this to occur. As the applicant requests
1 year and it is likely to be inconsequential the extension to the currency period is supported.
Recommendation
It is recommended existing condition 2 be amended to read as follows:
Currency Period
2. This development approval lapses if the use has not happened by 21 July 2029 2030, unless
an application to extend the currency period is approved by Council.
Page 18 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 19
Existing Condition 3
Approved Plans
47. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior a prestart
meeting being held.
Plan No. Rev. Plan/Document Name Date
PCA2.21 PL03 - Site Plan, prepared by PCA Architects 11/07/2023
As annotated by Council
PCA2.21 PL04 - Proposed Basement Plan, prepared by PCA 11/07/2023
Architects
PCA2.21 PL05 - Proposed Ground Floor Plan, prepared by PCA 11/07/2023
Architects
PCA2.21 PL06 - Proposed First Floor Plan, prepared by PCA 11/07/2023
Architects
PCA2.21 PL07 - Proposed Second Floor Plan, prepared by PCA 11/07/2023
Architects
As annotated by Council
PCA2.21 PL08 - Proposed Roof Plan, prepared by PCA Architects 11/07/2023
As annotated by Council
PCA2.21 PL09 - Proposed South Elevation, prepared by PCA 11/07/2023
Architects
As annotated by Council
PCA2.21 PL10 - Proposed East Elevation, prepared by PCA 11/07/2023
Architects
As annotated by Council
PCA2.21 PL11 - Proposed North Elevation, prepared by PCA 11/07/2023
Architects
As annotated by Council
PCA2.21 PL12 - Proposed West Elevation, prepared by PCA 11/07/2023
Architects
PCA2.21 PL13 - Proposed Section A.A, prepared by PCA 11/07/2023
Architects
PCA2.21 PL14 - Proposed Section B.B, prepared by PCA 11/07/2023
Architects
As annotated by Council
PCA2.21 PL15 - Proposed Section C.C, prepared by PCA 11/07/2023
Architects
Page 19 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 20
As annotated by Council
PCA2.21 PL16 - Proposed Sections D.D and E.E, prepared by PCA 11/07/2023
Architects
Applicant’s Request
The applicant has requested to amend Condition 3 which includes the list of approved plans to
amend the design of the proposed multiple dwelling development.
Assessment of Request
Agree
The submitted plans and elevations seek to gain a number of amendments to building setbacks to
each level of the proposal as generally outlined below.
Basement / Lower Floor
• Added storage areas at ends of carparks;
• Lift for Unit 1 relocated; basement entrance amended;
• New pool for Unit 1;
• Unit 2 access now from Bottlebrush Ave;
• Stairwell and lifts reconfigured for Units 2 and 3;
• Unit 3 reduces bedrooms on this level from 2 to 1;
Level 1 (Ground Floor)
• Layout reconfigured to be more open-plan;
• No bedrooms on this level;
• Pool and landscaping for Unit 3 reconfigured;
• Lift, stairs, and void relocated.
Level 2 (First Floor)
• Layout reconfigured with bedroom added at this level.
• Lift, stairs, and void relocated.
Level 3 / Roof Terrace
• Terrace for Unit 3 removed;
• Lift, stairs, and void relocated;
• Privacy screen included as per Council annotation on approval.
Elevations
• Material palette amended.
• Additional screening to windows.
• Height confirmed below 12m and three storeys.
Maintain all screening devices and setbacks.
The following information discusses key requested amendments.
Page 20 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 21
Basement extent
Council’s concern related to the extent of the basement encroaching into the side setbacks and
the impact this would to the upper level, north eastern side boundary landscaping.
In response the applicant submits;
..Since the plans were approved there has been a level of detailed design and design coordination
which has given light to the fact that the approved building could not be physically built nor built in
a compliant manner. Examples include the required contiguous piling for the basement which
resulted in the basement creeping towards the northern boundary, and the fire brigade access from
Berrima Road through the rear terraces of each unit resulting in a marginal decrease in planter
widths and an entry path from Berrima Road breaking the landscape.
The additional landscaping is in addition to the retention of the existing pine trees within the road
reserve, as well as additional landscaping within the front 2m of the site. The proposal not only
meets the Acceptable Outcome requirements for soft landscaping, the design provides for
landscaping in meaningful areas to complement the building. The building presents positively to
the street and surrounding neighbours.
The width along the northeastern boundary is dictated by a minimum width 1m wide path for
hydrant access through the rear terraces. The dimension in CAD measures at 0.73m to deep
ground. Carl Safstrom (Landscape Architect) has been in direct conversations with XXXXX both
have confirmed this area is sufficient width to establish a narrow hedge (lilly pillys) as shown on
the landscape plans.
Development Engineering have reviewed the basement design and agree that from an engineering
viewpoint the width of the basement (to accommodate 6 spaces) when maintaining building
setbacks to Bottlebrush Avenue will result in the basement encroaching into the side setback.
There is also some consideration in this instance due to the application history which included
approval for engineering structures and encroachment within the side boundary at the basement
level. Ultimately the basement will be predominately located below ground level and surrounded
by landscaping to all road frontages. The northeastern side boundary will be improved with
landscaping in ‘planters’ above ground level and soft planting (deep planting at the site corner).
The length of the side boundary is not highly visible from the street or neighbouring premises.
Roof Form
The applicant proposes;
a) removal of the Roof top terrace area from Unit 3;
b) replacement of non-permeable roofing material with pergola roofing; and
c) access to the roof top from two covered stairs located to the east and west of the terrace areas.
The area of the roof terraces (are the same area as approved approx. 30m²).
The above changes are considered an improvement to the roof form by reducing the extent of the
roof to be used for terraces which now complies with AO9.1 of the High Density Residential zone
code by removing building bulk within 10.0 metres setback to Berrima Row (development above
the second floor level). The roof and building height has been slightly increased to RL43.26
however maintains a maximum building height from the FFL of the basement (RL31.6) of 11.6
metres. From the ground levels surrounding the building particularly from Berrima Row the building
ranges in heigh from 7 - 8 metres above ground level which is a height intended within the High
Density Residential Zone and remains 3 storeys.
Landscaping
A number of revisions have occurred to ensure the amended basement design does not prejudice
compliance with Noosa Plan 2020 minimum requirement for soft landscaping area.
Page 21 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 22
Updated landscape plans indicate that the proposal complies with the minimum soft landscaping
area (118m) despite the above basement encroachment. Response from Development
Environment agree that the use of plants including ‘Pinnacle Lillly Pilly’ and ‘Callistemon Slim’ along
the length of the north east boundary will ultimately establish a landscaped buffer along the
boundary and between buildings.
The above amendments maintain the approved building footprint layout, maximum height
permitted under the planning scheme (below 12.0 metres), and three-storey form. Inclusion of
three pools at ground level will utilise the open space and landscape areas within the site with site
cover and landscaping provisions remaining generally compliant with no new impacts on traffic,
infrastructure.
The changes do not result in a substantially different development and maintain minimum soft
landscaping areas as required under the Noosa Plan 2020.
Recommendation
It is recommended existing condition 3 be amended to read as follows:
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the tables below. The plans must be amended to
incorporate the amendments listed within the table below and resubmitted to Council
prior a prestart meeting being held.
Plan No. Rev. Plan/Document Name Date
DA1.06 S Site Plan, prepared by Black Wood 12/11/2025
Architecture & Design
DA2.01 S Ground Floor Plan, prepared by Black Wood 12/11/2025
Architecture & Design
DA2.02 S Level 1 Floor Plan, prepared by Black Wood 12/11/2025
Architecture & Design
DA2.03 S Annotated by Council 12/11/2025
Level 2 Floor Plan, prepared by Black Wood
Architecture & Design
DA2.04 S Annotated by Council 12/11/2025
Roof Plan, prepared by Black Wood
Architecture & Design
DA3.01 S North Elevation, prepared by Black Wood 12/11/2025
Architecture & Design
DA3.02 S East Elevation, prepared by Black Wood 12/11/2025
Architecture & Design
DA3.03 S South Elevation, prepared by Black Wood 12/11/2025
Architecture & Design
DA3.04 S West Elevation, prepared by Black Wood 12/11/2025
Architecture & Design
Page 22 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 23
DA4.01 S Section A, prepared by Black Wood 12/11/2025
Architecture & Design
DA4.02 S Section B, prepared by Black Wood 12/11/2025
Architecture & Design
Existing Condition 7
7. The roof top terrace on House 3 must not be roofed (the stair access may be roofed). A 1.7m
high privacy screen must be constructed in the location shown on approved plan Proposed
Second Floor Plan.
Applicant’s Request
The applicant has requested existing condition 7 be deleted.
Assessment of Request
Agree
The applicant has requested that existing condition 7 be deleted as the proposal no longer includes
a rooftop terrace within dwelling unit 3 and thus is no longer required within the decision notice.
Recommendation
It is recommended existing condition 7 be deleted.
Existing Condition 10
Performance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
start meeting. 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.
Applicant’s Request
The applicant has requested existing condition 10 be amended with the following amended
condition:
Performance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
start meeting. 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.
Assessment of Request
Disagree
The applicant has requested that the performance bond amount of $50,000 is reduced to a total of
$30,000. The applicant has not provided any reasoning for the request and the original
development permit was assessed in accordance with the Noosa Plan 2020. There have been no
significant changes to the proposal to warrant a reduction for the performance bond requirement.
The sum is required in order to ensure the performance of the conditions of the approval. The
requirements at the time of lodgement of the original application are no different to the current
Page 23 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 24
requirements of the Noosa Plan 2020 as no amendments to the planning scheme have been made.
There is insufficient reasoning as to why a reduced performance bond would be accepted.
Recommendation
It is recommended existing Condition 10 remain unchanged.
Existing Condition 26
External Works
26. Bottlebrush Avenue must be upgraded for the length of its frontage to the subject site. The
must include in particular:
(a) construction of the kerb and channelling and on-street parking generally as shown on
drawing number C40 revision D prepared by Recor dated 15 March 2023
(b) removal of the existing timber retaining wall in the road reserve
(c) extension of the kerb and channel to a point 1m past the proposed stormwater outlet
in Bottlebrush Avenue.
Condition 26 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Applicant’s Request
The applicant has requested existing condition 26 be amended to read as follows:
External Works
26. Bottlebrush Avenue must be upgraded for the length of its frontage to the subject site. The
must include in particular:
(a) construction of the kerb and channelling and on-street parking generally as shown on
drawing number C40 revision F prepared by Recor dated 31 October 2025.
(b) removal of the existing timber retaining wall in the road reserve; and
(c) extension of the kerb and channel to a point 1m past the proposed stormwater outlet
in Bottlebrush Avenue
Condition 26 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Assessment of Request
Agree
Development Engineering have reviewed the proposed changes and confirm the revised plans
provide turn paths adequate for a B85 vehicle and provides safe access to vehicles.
Recommendation
It is recommended existing condition 26 be amended to read as follows:
External Works
26. Bottlebrush Avenue must be upgraded for the length of its frontage to the subject site. The
must include in particular:
(a) construction of the kerb and channelling and on-street parking generally as shown on
drawing number C40 revision D prepared by Recor dated 15 March 2023 F prepared
by Recor dated 31 October 2025;
(b) removal of the existing timber retaining wall in the road reserve; and
(c) extension of the kerb and channel to a point 1m past the proposed stormwater outlet
in Bottlebrush Avenue.
Page 24 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 25
Existing Condition 28
Site Access and Driveways
28. A sealed access driveway must be provided from Bottlebrush Avenue to all parking and
manoeuvring areas of the development. The works must be generally as shown on drawing
number C40 revision C prepared by Recor dated 29 November 2022.
Applicant’s Request
The applicant has requested existing Condition 28 be amended to read as follows:
Site Access and Driveways
28. A sealed access driveway must be provided from Bottlebrush Avenue to all parking and
manoeuvring areas of the development. The works must be generally as shown on drawing
number C40 Revision F prepared by Recor dated 31 October 2025.
Assessment of Request
Agree
As included above, the development provides adequate manoeuvring on site and the proposed
amended driveway provides safe access.
Recommendation
It is recommended existing condition 28 be amended to read as follows:
Site Access and Driveways
28. A sealed access driveway must be provided from Bottlebrush Avenue to all parking and
manoeuvring areas of the development. The works must be generally as shown on drawing
number C40 revision C prepared by Recor dated 29 November 2022 revision F prepared
by Recor dated 31 October 2025.
Existing Condition 32
Stormwater Drainage
32. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken generally in accordance with drawing number C40
revision D prepared by Recor dated 15 March 2023 and include on-site rain water storage
(9,000 litres) used for non-potable purposes. The design of the on-site rain water system
must be submitted to Council at least 5 business days prior to the pre-start meeting.
Condition 32 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Applicant’s Request
The applicant has requested existing Condition 32 be amended to read as follows:
Stormwater Drainage
32. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken generally in accordance with drawing number
C40 revision F prepared by Recor dated 31 October 2025 and include on-site rain water
storage (9,000 litres) used for non-potable purposes. The design of the on-site rain water
system must be submitted to Council at least 5 business days prior to the pre-start meeting.
On 4/11/2025 the Applicant requested by email that the requirement for onsite rainwater storage
be reduced from 9000 litres to 3000 litres.
Page 25 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 26
Assessment of Request
Agree in part
Development Engineering have reviewed the proposed changes and confirms the revised plans
provide adequate stormwater drainage consistent with the original approval and that the updated
plan and reference is supported.
The request to reduce the volume of rainwater stored at the site is not supported as it is required
to satisfy AO2.1 of the Sustainable Building Design Code. No assessment against the PO2 has
been provided to support non-compliance with AO2.1.
Recommendation
It is recommended existing condition 32 be amended to include the updated plan reference but not
the reduction in site rainwater storage and read as follows:
Stormwater Drainage
32. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken generally in accordance with drawing number
C40 Revision D prepared by Recor dated 15 March 2023 Revision F prepared by Recor
dated 31 October 2025 and include on-site rain water storage (9,000 litres) used for non-
potable purposes. The design of the on-site rain water system must be submitted to Council
at least 5 business days prior to the pre-start meeting.
Existing Condition 47
ENGINEERING
APPROVED PLANS
47. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior a prestart
meeting being held.
Plan No. Rev. Plan/Document Name Date
C30 D Bulk Earthworks Plan prepared by Recor 15 March 2023
Consulting
C31 D Bulk Earthworks Sections prepared by Recor 15 March 2023
Consulting
C40 D Roads & Drainage Layout Plan prepared by Recor 15 March 2023
Consulting
C41 D Roads & Drainage Details prepared by Recor 15 March 2023
Consulting
C42 D Stormwater Drainage Sections prepared by Recor 15 March 2023
Consulting
C43 D Driveway Longsection prepared by Recor 15 March 2023
Consulting
Page 26 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 27
CD-001 A Specification Notes, prepared by, Project Urban 24/11/2022
CD-102 A Landscape Plan – Second Floor, prepared by, 27/02/2023
Project Urban
CD-103 A Landscape Plan – Second Floor, prepared by, 24/11/2022
Project Urban
CD-600 B Tree Retention and Removal Plan, prepared by, 24/11/2022
Project Urban
CD-900 B Construction Details, prepared by, Project Urban 28/02/2023
- 1 Arboricultural Impact Assessment, prepared by, 30/11/2022
Consult Arborist
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
CD-000 C Cover Sheet, Prepared by, Project Urban 28/02/2023
CD-100 C Landscape Plan – Lower Ground Floor, 28/02/2023
prepared by, Project Urban
CD-101 C Landscape Plan – Ground Floor, prepared by, 28/02/2023
Project Urban
Amendments The landscape plans must be resubmitted prior to a prestart meeting and
incorporate the following:
(a) additional Syzygium hemilamprum planted at 4 metres centres
within the Unit 3 landscape frontage garden for the full length of
Bottlebrush Ave and Berrima Row frontage.
(b) batter mix B and C to incorporate the following species:
i. Banksia integrifolia ‘natural form’
ii. Banksia robur
iii. Glochidion ferdinandi
iv. Corymbia tessellaris
v. Leptospermum polygalifolium
vi. Acmena smithii
vii. Baekea frutescens
(c) replacement of all turf within the road reserve in Berrima Row with
batter planting mix C
(d) substitute Lepidozamia peroffskyana with Backhousia myrtifolia or
Syzygium oleoseum.
(e) north-western boundary to incorporate plant species that will
provide an effective buffer for maintaining privacy for adjoining
uses, such as Syzygium australe, Callistemon ‘slim’ planted as a
screening hedge.
Page 27 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 28
(f) substitute Alpinia caerulea and Asplenium nidus along the northern
boundary with plant species that will provide an effective buffer for
maintaining privacy for adjoining uses, such as syzygium australe
or Elaeocarpus reticulatus.
(g) vegetated screening of any electrical transformers, bin storage
areas and the like from the road frontage
(h) control of all weeds species listed in the following standards and
legislation:
i. declared plants under the Land Protection (Biodiversity Act
2014 and sub-ordinate Regulation 2016).
ii. Non-scheduled invasive species listed in the Noosa
Biosecurity Plan 2020
Applicant’s Request
The applicant has requested existing condition 47 be amended to read as follows:
APPROVED PLANS
47. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
C30 F Bulk Earthworks Plan prepared by 31 October 2025
Recor Consulting
C31 F Bulk Earthworks Sections prepared by 31 October 2025
Recor Consulting
C40 F Roads & Drainage Layout Plan 31 October 2025
prepared by Recor Consulting
C41 F Roads & Drainage Details prepared by 31 October 2025
Recor Consulting
C42 F Stormwater Drainage Sections 31 October 2025
prepared by Recor Consulting
C43 F Driveway Longsection prepared by 31 October 2025
Recor Consulting
CD-000 K Cover Sheet, prepared by, Project 16/10/2025
urban
CD-001 C Specifications Noes, Prepared by, 07/02/2025
Project Urban
CD-100 K Landscape Plan – Lower Ground Floor, 16/10/2025
prepared by, Project Urban
CD-101 I Landscape Plan – Ground Floor, 16/10/2025
prepared by, Project Urban
Page 28 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 29
CD-102 D Landscape Plan – Second Floor, 13/02/2025
prepared by, Project Urban
CD-900 D Landscape Plan – Second Floor, 13/02/2025
prepared by, Project Urban
CD-600 D Tree Retention and Removal Plan, 13/02/2025
prepared by, Project Urban
CD-900 C Construction Details, Prepared by 14/10/2024
Project Urban
- 1 Arboriculture Impact Assessment, 30/11/2022
prepared by, Consult Arborist
Assessment of Request
Agree
Development Engineering and Environment have reviewed the proposed changes to the
operational works and confirm the revised plans provide adequate stormwater drainage and
landscaping consistent with the original approval.
Deep landscaping has been provided around the periphery of the development where not
obstructed by underground infrastructure.
The plans have been reviewed and are considered satisfactory. The intent of the original
application has been met, with the landscape design to focus on the Bottlebrush and Berrima road
frontage. Extensive revegetation of the verge in keeping with the existing landscape outcome has
been achieved.
The inclusion of significant trees within the revegetation area and frontage of the development has
been achieved to assist in the softening of the built form when viewed from the street frontages.
A revised Approved Plan set has been provided below.
No changes to landscape conditions have been requested.
Recommendation
It is recommended existing Condition 47 be amended to read as follows:
APPROVED PLANS
47. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
C30 F Bulk Earthworks Plan prepared by 31 October 2025
Recor Consulting
C31 F Bulk Earthworks Sections prepared 31 October 2025
by Recor Consulting
C40 F Roads & Drainage Layout Plan 31 October 2025
prepared by Recor Consulting
Page 29 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 30
C41 F Roads & Drainage Details prepared 31 October 2025
by Recor Consulting
C42 F Stormwater Drainage Sections 31 October 2025
prepared by Recor Consulting
C43 F Driveway Longsection prepared by 31 October 2025
Recor Consulting
CD-000 K Cover Sheet, prepared by, Project 16/10/2025
urban
CD-001 C Specifications Noes, Prepared by, 07/02/2025
Project Urban
CD-100 K Landscape Plan – Lower Ground 16/10/2025
Floor, prepared by, Project Urban
CD-101 I Landscape Plan – Ground Floor, 16/10/2025
prepared by, Project Urban
CD-102 D Landscape Plan – Second Floor, 13/02/2025
prepared by, Project Urban
CD-900 D Landscape Plan – Second Floor, 13/02/2025
prepared by, Project Urban
CD-600 D Tree Retention and Removal Plan, 13/02/2025
prepared by, Project Urban
CD-900 C Construction Details, Prepared by 14/10/2024
Project Urban
- 1 Arboricultural Impact Assessment, 30/11/2022
prepared by, Consult Arborist
Development engineering have also requested that the following geotechnical investigation be
included in the updated decision as a reference document.
1. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
22151- 0 Geotechnical Investigation 13 May 2022
001
Prepared by Tectonic Geotechnical and
Environmental Engineers
Existing Condition 48
CURRENCY PERIOD
48. The Currency Period for this development approval lapses if the development has not
substantially started by 21 July 2025, unless an application to extend the currency period is
approved by Council.
Page 30 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 31
Applicant’s Request
The applicant has requested the currency period for existing condition 48 be extended by an
additional 2 years to read as follows:
CURRENCY PERIOD
48. The Currency Period for this development approval lapses if the development has not
substantially started by 21 July 2027, unless an application to extend the currency period is
approved by Council.
Assessment of Request
Agree
Development Engineering have reviewed the proposed changes to the operational works
documents and confirm the revised operational works plans are consistent with the requested
minor changes to the development approval. The extension of the currently period for an additional
two years is supported.
Recommendation
It is recommended existing condition 48 be amended to read as follows:
CURRENCY PERIOD
48. The Currency Period for this development approval lapses if the development has not
substantially started by 21 July 2025 21 July 2027, unless an application to extend the
currency period is approved by Council.
4. CONSULTATION
4.1. Referral Agencies
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer, Development Assessment
• Senior Environment Officer, Development Assessment
5. CONCLUSION & REASONS FOR DECISION
The proposed changes do not raise any significant issues that cannot be addressed by reasonable
and relevant conditions and have been assessed against the original approval and relevant
planning instruments. The amendments maintain compliance with key development parameters,
including maximum building height and storeys above ground level, site cover, plot ratio, and
setbacks and do not introduce new impacts on traffic, infrastructure, or environmental outcomes.
The changes are minor and do not result in a substantially different development.
The application is therefore recommended for approval.
The report is provided in accordance with Section 83(9) of the Planning Act 2016.
Page 31 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 32
RECOMMENDATION
With regard to Application No. MCU22/0087.01 and OPW22/0140.01 to make a minor change to
an existing approval for a minor change Development Permit for a Material Change of Use of
Premises to Establish a Multiple Dwelling (3 units) and Development Permit for Operational Works
(Drainage Work, Landscaping, Stormwater & Earthworks) situated at 37 Bottlebrush Ave Noosa
Heads Qld 4567 and described as Lot 133 RP 88934, Council on 17 November 2025 decided to:
A Approve the change
B Amend conditions 2, 3, 26, 28 & 32 of the Development Permit for Material Change of Use.
Currency Period
2. This development approval lapses if the use has not happened by 21 July 2030, unless an
application to extend the currency period is approved by Council.
Approved Plans - MCU22/0087.01
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below.
Plan No. Rev. Plan/Document Name Date
DA1.06 S Site Plan, prepared by Black Wood Architecture & 12/11/2025
Design
DA2.01 S Ground Floor Plan, prepared by Black Wood 12/11/2025
Architecture & Design
DA2.02 S Level 1 Floor Plan, prepared by Black Wood 12/11/2025
Architecture & Design
DA2.03 S Level 2 Floor Plan, prepared by Black Wood 12/11/2025
Architecture & Design
DA2.04 S Annotated by Council 12/11/2025
Roof Plan, prepared by Black Wood Architecture &
Design
DA3.01 S Annotated by Council 12/11/2025
North Elevation, prepared by Black Wood
Architecture & Design
DA3.02 S East Elevation, prepared by Black Wood 12/11/2025
Architecture & Design
DA3.03 S South Elevation, prepared by Black Wood 12/11/2025
Architecture & Design
DA3.04 S West Elevation, prepared by Black Wood 12/11/2025
Architecture & Design
DA4.01 S Section A, prepared by Black Wood Architecture & 12/11/2025
Design
DA4.02 S Section B, prepared by Black Wood Architecture & 12/11/2025
Design
Page 32 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 33
26. Bottlebrush Avenue must be upgraded for the length of its frontage to the subject site. The
must include in particular:
a. construction of the kerb and channelling and on-street parking generally as shown on
drawing number C40 revision F prepared by Recor dated 31 October 2025.
b. removal of the existing timber retaining wall in the road reserve; and
c. extension of the kerb and channel to a point 1m past the proposed stormwater outlet
in Bottlebrush Avenue
Site Access and Driveways
28. A sealed access driveway must be provided from Bottlebrush Avenue to all parking and
manoeuvring areas of the development. The works must be generally as shown on drawing
number C40 Revision F prepared by Recor dated 31 October 2025.
Stormwater Drainage
32. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken generally in accordance with drawing number
C40 revision F prepared by Recor dated 31 October 2025 and include on-site rain water
storage (9,000 litres) used for non-potable purposes. The design of the on-site rain water
system must be submitted to Council at least 5 business days prior to the pre-start meeting.
C Delete Condition 7 of the Development Permit for Material Change of Use.
D Refuse to make the change to Condition 10 of the Development Permit for Material Change
of Use for the following reasons:
1. The applicant has requested that the performance bond amount of $50,000 is reduced
to a total of $30,000. The applicant has not provided any reasoning for the request and
the original development permit was assessed in accordance with the Noosa Plan
2020. There have been no significant changes to the proposal to warrant a reduction
for the performance bond requirement and therefore the request for a reduced
performance bond is not supported. The sum is required in order to ensure the
performance of the conditions of the approval.
E. Amend conditions 1 & 2 of the Development Permit for Operational Works.
Approved Plans – OPW22/0140.01
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
C30 F Bulk Earthworks Plan prepared by 31 October 2025
Recor Consulting
C31 F Bulk Earthworks Sections prepared by 31 October 2025
Recor Consulting
C40 F Roads & Drainage Layout Plan 31 October 2025
prepared by Recor Consulting
C41 F Roads & Drainage Details prepared by 31 October 2025
Recor Consulting
C42 F Stormwater Drainage Sections 31 October 2025
prepared by Recor Consulting
Page 33 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025
Page 34
C43 F Driveway Longsection prepared by 31 October 2025
Recor Consulting
CD-000 K Cover Sheet, prepared by, Project 16/10/2025
Urban
CD-001 C Specifications Noes, Prepared by, 07/02/2025
Project Urban
CD-100 K Landscape Plan – Lower Ground Floor, 16/10/2025
prepared by, Project Urban
CD-101 I Landscape Plan – Ground Floor, 16/10/2025
prepared by, Project Urban
CD-102 D Landscape Plan – Second Floor, 13/02/2025
prepared by, Project Urban
CD-103 D Landscape Plan – Second Floor, 13/02/2025
prepared by, Project Urban
CD-600 D Tree Retention and Removal Plan, 13/02/2025
prepared by, Project Urban
CD-900 C Construction Details, Prepared by 14/10/2024
Project Urban
- 1 Arboricultural Impact Assessment, 30/11/2022
prepared by, Consult Arborist
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 21 July 2027, unless an application to extend the currency period is
approved by Council.
F. Include Reference Document.
7. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
22151- 0 Geotechnical Investigation 13 May 2022
001
Prepared by Tectonic Geotechnical and
Environmental Engineers
G. Undertake administrative amendment to the Development Permit for Operational Works,
replacing conditions 47 – 107 with conditions 1 – 61.
Page 34 of 34
Document Set ID: 23692796
Version: 12, Version Date: 20/11/2025