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Minor Change Report - 151999.982601.3 (As Published)

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Senior Development Planner, Andrew Gaffney
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                 151999.982601.3

                    Development Approval            01271DS converted to 151999.982601

                    Applicant                       Oly Homes

                    Request Received On             17 June 2026

                    Report Reviewed By              G.Schramm 8.09.2026

                    Decision Due Date               14 August 2026


                    PROPERTY DETAILS

                    Property Address                24 Eucalypt Way Cootharaba Qld 4565

                    RP Description                  Lot 19 SP 152355

                    Land Area                       2.15ha

                    Existing Use of Land            Dwelling house and associated domestic outbuildings


                    STATUTORY DETAILS

                    SEQRP Designation               Regional Landscape and Rural Production Area

                    Zone                            Rural Zone under Noosa Plan 2020

                    Precinct                        Not applicable

                    Local Area Plan                 Not applicable

                    Overlays                        Noosa Plan 2020 Flood Hazard Overlay does not identify the
                                                    site as affected by flood hazard.
                                                    No other overlay constraints have been identified from the
                                                    application material.

                    Assessment Type                 Minor Change



               1.      PROPOSAL
               The applicant seeks approval for a minor change to Development Permit 151999.982601 to amend
               the approved building envelope relating to the subject site.

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               The amended area is required to enable the construction of a Secondary Dwelling at the western
               side of the existing Dwelling house at 24 Eucalypt Way, Cootharaba.
               The proposed revised building envelope and intended Secondary dwelling location is as shown by
               Figures 2 - 4.
               The site is accessed from an internal existing driveway (battle axe access) with existing
               development at the site not visible from Eucalypt Way.
               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




                                                      Figure 2 – Site Plan


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                                                 Figure 3 – Floor Plan




                                                 Figure 4 – Elevations

               2.     BACKGROUND
               A Development Permit for Lot Reconfiguration was approved on 28 February 2002, the lot
               configuration is as shown in Figure 5.




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                                       Figure 5 – Original Approved Plan of Lot Reconfiguration



               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 Shire Planning Scheme 1990.
               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


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                      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 now superseded Shire of Noosa
               Planning Scheme 1990.
               Pursuant to s81 of the Planning Act 2016, 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:
               •      Rural Zone Code;
               •      Reconfiguring a Lot Code;
               •      Works Code;
               •      Flood Hazard Overlay Code, to the extent relevant.
               The proposed change is limited to allowing sufficient area on the site to accommodate a Secondary
               dwelling to be sited slightly outside the approved building envelope and to the western side of the
               main dwelling house.
               While not part of this application the proposed new building to be located within the new building
               envelope area remains in close proximity with the existing Dwelling house and does not introduce
               a new land use.
               The proposal is consistent with the relevant assessment provisions of the Shire of Noosa Planning
               Scheme 1990 and does not raise any additional planning issues under Noosa Plan 2020 that would
               warrant refusal of the requested change.


               Rural Zone Code
               While no building work is proposed as part of this application, the amended building envelope
               potentially does not achieve compliance with AO8.4(d) of the Rural Zone Code which requires
               buildings and structures within the Rural Zone to maintain a minimum setback of 10 metres from
               side boundaries on allotments exceeding 1 hectare in area. The amended building envelope
               provides a 6.0 metre setback to the western side boundary.
               Assessment
               Subject to further assessment, the proposal is likely able to maintain an appropriate separation
               from surrounding development, does not impact agricultural land, flood-prone land or covenant
               areas and is supported by the adjoining landowner at 36 Eucalypt Way who has confirmed that the
               setback variation will not result in any notable amenity impacts.
               Accordingly, it is agreed that the opportunity for a building envelope which may result in buildings
               that with a reduced setback will not adversely affect the character, function or amenity of the
               locality.


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               Reconfiguring a Lot Code
               The proposal does not strictly comply with AO7.3 of the Reconfiguring a Lot Code, which requires
               building envelopes identified on a plan of development to demonstrate that sufficient building area
               is available that is not affected by a site constraint or that appropriately responds to the identified
               constraint.
               AO7.3          All reconfigured lots on land subject to a constraint or valuable feature identified on an
                              overlay map contains a building envelope marked on a plan of development that
                              demonstrates that there is an area sufficient to accommodate the intended purpose of
                              the lot, that is not subject to the constraint or valuable feature or that appropriately
                              responds to the constraint or valuable feature.
               The amended building envelope extends into minimum side setbacks to 6.0 metres from the
               western side boundary rather than the 10-metre side boundary setback sought under the Rural
               Zone Code.

               PO7                   Development provides for a lot layout and configuration of roads and pathways
                              that is responsive to:-

                               a. the setting of the site within an urban or non-urban context;
                               b. any natural environmental values present on, or adjoining the site;
                               c. any natural hazards affecting the site or adjoining land such that the number of
                                  properties or persons at risk is not increased;
                               d. the terrain of the land, minimising the need for earthworks;
                               e. any places of cultural heritage significance or character areas present on,
                                  or adjoining the site; and
                               f. any important landmarks, views, vistas or other areas of high scenic quality
                                  present on, or able to be viewed from, the site.

                                       Editor’s Note— Development of land affected by constraints shown on overlay
                                       maps will be subject to overlay codes
               Assessment
               The revised envelope is located immediately adjacent to the existing approved building envelope,
               does not encroach into flood affected land, ecological features or covenant areas and does not
               compromise access, servicing or the ongoing use of the allotment.
               Areas of the existing building envelope reserved for effluent disposal have been established to the
               eastern side of the Dwelling house and are already in place and operational. Development
               Engineering have advised that any new habitable buildings on the site will be required to meet a
               minimum floor level of RL 10.75AHD to comply with flood immunity. A condition will be imposed
               to ensure that the minimum floor height is enforced for future building approvals.
               As outlined above the proposed Secondary dwelling is modest in scale, remains subordinate to
               the existing Dwelling house and is supported by the adjoining landowner who has confirmed the
               reduced setback will not result in any notable amenity impacts.
               Accordingly, the amended building envelope appropriately responds to the characteristics and
               constraints of the site and is considered acceptable.
               The proposal is considered to satisfy PO7, as the amended building envelope remains responsive
               to site constraints and provides an appropriate building area for the intended residential use of the
               lot.




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               Existing Condition 28
               28.    Plans of each created lot shall be prepared showing the areas suitable for a house site and
                      the effluent disposal areas (the building envelope). The house site and effluent disposal
                      areas shall be a minimum of 2000 square metres, and exclude the following:-
                        a)    all areas below the Q100 flood line,
                        b)    all areas within the 100m Agricultural buffer or 30m road boundary setback,
                        d)    land inside any setback required from any boundary,
                        e)    land located within a proposed registered covenant.
                      These plans shall be submitted to Noosa Council prior to an application for sealing of the
                      plan of survey.
                      No structure (including pools) shall be located in the areas outlined in items a-d of this
                      condition. A property note shall be added to Council’s rates records to advise prospective
                      purchasers of this building envelope requirement.

               Applicant’s Request
               The applicant has requested existing Condition 28 be amended to allow for the amended building
               envelope for Lot 19 and the construction of a Secondary dwelling. In this instance the proposed
               minor change is relevant to the reconfiguration approval only.
               As the reconfiguration only relates to Lot 19 an additional condition (Condition 40) which approves
               the updated building envelope plan relevant to Lot 19 only is considered a more efficient application
               pathway.
               Assessment of Request
               The proposed amended building envelope shown at Figures 3 & 4 structure is located immediately
               adjacent to the approved and existing Dwelling house. The building maintains the 10 metre rural
               boundary front setback, is not located within a mapped flood hazard area under Noosa Plan 2020
               and is not identified as being within a covenant area.
               The siting does not materially alter the approved subdivision layout or give rise to new traffic,
               infrastructure or amenity impacts. The requested amendment is therefore considered minor and
               acceptable.
               Recommendation
               Refuse the request to amend Condition 28 and include an additional Condition 40 and Condition
               41 to read as follows:
               Additional Conditions – 8 September 2026 – 151999.982601.3
                      Approved Plan – Amended Building Envelope
               1.     Development authorised by this approval relates to Lot 19 SP152355 and must be
                      undertaken generally in accordance with the building envelope plan listed in the table below.

                         Plan No.                Rev.   Plan/Document Name                         Date

                         3089_D2                   A    Contour and Detail Survey – Site Plan 24 24/07/2026
                                                        Eucalypt Way over Lot 19 on SP152355
                                                        prepared by Level Up Surveying

               41.    Development for new habitable buildings within the Approved Building Envelope Plan shall
                      meet a minimum habitable floor level of RL 10.75 m AHD.


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               Other Matters
               Additional conditions 42 & 43 have been included to require metes and bounds of the building
               envelope to be revised to facilitate the amendment of the registered envelope and associated plan
               of development. This is required to be carried out prior to any building works occurring on the site.


                      Building Envelope – Lot 19 SP152355
               42.    All future buildings on Lot 19 SP152355 must be sited and constructed in accordance with
                      the approved building envelopes and dwelling controls (i.e. the “Plan of Development”)
                      shown on the Approved Plans.
               43.    The applicant must prepare a metes and bounds building envelopes plan indicating House
                      site areas and effluent disposal areas for the proposed lots. The areas must be in accordance
                      with the approved plans Contour and Detail Survey - Site Plan 24 Eucalypt Way over Lot 19
                      on SP152355 prepared by Level Up Surveying, dated 24/7/2026. The plans must be
                      submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The
                      applicant must submit the plans to Council for approval prior to the endorsement of the Plan
                      of Survey.




               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               •      Coordinator Engineering & Environment
                      The new building envelope provided appears to satisfactorily cover the proposed secondary
                      dwelling location and avoids vegetation along the boundary and existing infrastructure.
                      The critical piece of information for this site is the minimum floor level required for the new
                      building of 10.75 AHD.


               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. 151999.982601.3 to make a minor change to an existing
               Development Permit for Lot Reconfiguration situated at 24 Eucalypt Way Cootharaba Qld 4565
               and described as Lot 19 SP 152355, Council on 8 September 2026 decided to:
               A.     Approve the change in part only.
               B.     Refuse to amend condition 28 for the following reasons:
                      1.      The proposed change is more appropriately addressed as additional conditions of
                              approval relevant to the individual site.
               C.     Include the following additional conditions 40 - 43:


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               Additional Conditions – 8 September 2026 – 151999.982601.3
                      Approved Plan – Amended Building Envelope
               40.    Development authorised by this approval relates to Lot 19 SP152355 and must be
                      undertaken generally in accordance with the building envelope plan listed in the table below.

                         Plan No.              Rev.   Plan/Document Name                          Date

                         3089_D2                 A    Contour and Detail Survey - Site Plan 24 24/07/2026
                                                      Eucalypt Way over Lot 19 on SP152355
                                                      prepared by Level Up Surveying

               41.    Any new habitable buildings within the Approved Building Envelope Plan shall meet a
                      minimum habitable floor level of RL 10.75 m AHD.
                      Building Envelope – Lot 19 SP152355
               42.    All future buildings on Lot 19 SP152355 must be sited and constructed in accordance with
                      the approved building envelopes and dwelling controls (i.e. the “Plan of Development”)
                      shown on the Approved Plans.
               43.    The applicant must prepare a metes and bounds building envelopes plan indicating House
                      site areas and effluent disposal areas for the proposed lots. The areas must be in accordance
                      with the approved plans Contour and Detail Survey - Site Plan 24 Eucalypt Way over Lot 19
                      on SP152355 prepared by Level Up Surveying, dated 24/7/2026. The plans must be
                      submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The
                      applicant must submit the plans to Council prior to Building Works approval.




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Document Set ID: 24985722
Version: 7, Version Date: 09/09/2026

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