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Minor Change Report MCU21 0228 01 [As Published] · MCU21/0228.01
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author External Consultant Planner
C/-Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No. MCU21/0228.01
Development Approval Material Change of Use – Dual Occupancy, Office
Operational Works – Roadwork, Drainage Work, Landscaping,
Stormwater, Earthworks
Applicant Altum Property Group
Request Received On 4 December 2023
Report Reviewed By Tara Norley – 19 February 2024
Decision Due Date 9 January 2024
PROPERTY DETAILS
Property Address 245 David Low Way Peregian Beach
RP Description Lot 22 P 9315
Land Area 582m2
Existing Use of Land Dual Occupancy & Office
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Area Plan Coastal Communities Local Plan Area
Overlays Acid Sulfate Soils
Assessment Type Minor Change to Development Approval
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Document Set ID: 22803686
Version: 6, Version Date: 20/02/2024
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1. PROPOSAL
The applicant seeks approval to change condition 2 of a development approval for a Dual
Occupancy and Office recently constructed at 245 David Low Way, Peregian. The proposed
changes include:
• Installation of a gate to the rear of the property boundary to provide pedestrian access through
the site to Rufous Street.
• Updated operational works landscape plans including the inclusion of 2 areas of synthetic turf
to provide a low maintenance option for the commercial use area at the front of the site and a
small strip in the middle of the access driveway.
The locality and proposal plans are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
2. BACKGROUND
A Development Permit for a Material Change of Use – Dual Occupancy and Office and associated
Operational Works was issued on 18 August 2022 subject to conditions.
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 2017;
• Planning Regulation 2017; and
• The Noosa Plan 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;
• 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 following codes from the Noosa Plan 2020 are applicable to the proposed change:
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• Medium Density Residential Zone Code;
• Coastal Communities Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Business Activities Code;
• Works Code; and
• Acid Sulfate Soils Overlay.
Private access gate
In terms of the proposed gate, Council’s Property section has advised that while a gate in principle
is supported, pedestrian access to Rufous Street is not achievable via the PBCH site.
Due to the landscaping and configuration of the PBCH, there is only a small section of land that
would be suitable or safe for pedestrians to transit through, which ends at a garden. There is no
access on the PBCH land to Rufous St along the southern boundary of the PBCH site.
The likely scenario would be pedestrians would have to walk along the bitumen driveway adjacent
to the PBCH which is fully contained within Lot 96.
Review also shows that the proposed link from David Low Way to Rufous Street through the site
is not appropriate as a public thorough and conflicts with the site’s car parking and driveway areas.
The proposed gate in the rear fence is therefore not recommended to be supported.
Figure 1: proposed gate location (red), existing landscaping along southern boundary (yellow), likely
pedestrian pathway on adjoining Lot 96 (orange)
Landscaping
The proposed artificial grass, while is not consistent with Council’s Landscape Policy, in this
instance given it is for a small portion of the site, it is practicable solution for the 2 proposed areas
and is acceptable.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed change to include a gate and artificial turf are considered a minor change to the
development approval. While the artificial turf is acceptable in this instance, the proposed gate
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does not satisfactorily facilitate safe pedestrian access to Rufous Street through the Peregian
Beach Community House and is therefore not supported.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. MCU21/0228.01, to make a minor change to an existing approval
for Dual Occupancy & associated operational works situated at 245 David Low Way Peregian
Beach described as Lot 22 P 9315, Council on 9 February 2024 decided to:
A. Approve the change in part.
B. Amend conditions 1 and 46 to read as follows:
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
1622-DA02 08 Floor Plans, prepared by Blackburn 8 August 2022
Jackson
1622-DA03 07 Elevations, prepared by Blackburn Jackson 8 August 2022
1622-DA04 07 Section, prepared by Blackburn Jackson 8 August 2022
1622-DA05 07 Section, prepared by Blackburn Jackson 8 August 2022
1622-DA06 07 Landscape Area Plans, prepared by 8 August 2022
Blackburn Jackson
1622-DA07 08 Site Cover & Height, prepared by Blackburn 8 August 2022
Jackson
1622-DA08 07 Materials & Finishes, prepared by 8 August 2022
Blackburn Jackson
1622-DA09 07 Perspectives, prepared by Blackburn 8 August 2022
Jackson
1622_L01-01_C C Landscape Notes & Schedules, prepared 20 November
by Blackburn Jackson 2023
(Annotated by Council)
1622_L03-01_C C Landscape Planting Plans, prepared by 20 November
Blackburn Jackson 2023
(Annotated by Council)
1622_L07-01_01 01 Landscape Details, prepared by Blackburn 19 May 2022
Jackson
46. 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, where there is conflict between the
approved plans and conditions of approval, the condition prevails.
Plan No. Rev. Plan/Document Name Date
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188-002-002-B B General Notes prepared by Bax 7 February
Engineering 2022
188- 002-100 B Site Layout Plan prepared by Bax 7 February
Engineering 2022
188-002-200 B Earthworks Layout Plan prepared by Bax 7 February
Engineering 2022
188-002-201 B Earthworks Sections prepared by Bax 7 February
Engineering 2022
188-002-300 B Grading & Drainage Layout Plan (as 7 February
annotated by Council) prepared by Bax 2022
Engineering
188-002-301 B Pavement Layout Plan prepared by Bax 7 February
Engineering 2022
188-002-302 B Sign & Line Marking Layout Plan prepared 7 February
by Bax Engineering 2022
188-002-401 B Drainage Longitudinal Section prepared by 7 February
Bax Engineering 2022
- - Arborist Tree Assessment Report by 27 April 2022
Arboriculture Contractors Australia Pty Ltd
1622_L01- C Landscape Notes & Schedules prepared by 20 November
01_C Blackburn Jackson 2023
(Annotated by Council)
1622_L03- C Landscape Planting Plans prepared by 20 November
01_C Blackburn Jackson 2023
(Annotated by Council)
1622_L07- 01 Landscape Details, prepared by Blackburn 19 May 2022
01_01 Jackson
C. Refuse to approve a gate to the site’s rear to link with the Community House at 5-7 Rufous
Street for the following reasons:
1. There is no suitable safe access on the Peregian Beach Community House land from
the gate to Rufous Street.
2. The proposed link through the subject site is also not designed as a public thoroughfare
and conflicts with the development’s car parking and driveway areas.
D. Advice the applicant that the gate to the site’s rear that currently provides pedestrian access
to the Peregian Beach Community House must be removed and this area landscaped.
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Document Set ID: 22803686
Version: 6, Version Date: 20/02/2024
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