Council archive · source document
Minor Change Report - 151999.982601.3 (As Published)
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.
Page 1 of 9
Document Set ID: 24985722
Version: 7, Version Date: 09/09/2026
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 8 pages
Page 2
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
Page 2 of 9
Document Set ID: 24985722
Version: 7, Version Date: 09/09/2026
Page 3
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.
Page 3 of 9
Document Set ID: 24985722
Version: 7, Version Date: 09/09/2026
Page 4
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
Page 4 of 9
Document Set ID: 24985722
Version: 7, Version Date: 09/09/2026
Page 5
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.
Page 5 of 9
Document Set ID: 24985722
Version: 7, Version Date: 09/09/2026
Page 6
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.
Page 6 of 9
Document Set ID: 24985722
Version: 7, Version Date: 09/09/2026
Page 7
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.
Page 7 of 9
Document Set ID: 24985722
Version: 7, Version Date: 09/09/2026
Page 8
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:
Page 8 of 9
Document Set ID: 24985722
Version: 7, Version Date: 09/09/2026
Page 9
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.
Page 9 of 9
Document Set ID: 24985722
Version: 7, Version Date: 09/09/2026
Used in these records
Minor Change Report - 151999.982601.3 (As Published).pdfRelated documentApplication case desk ↗
About this file
- File size
- 3.0 MB (large file)
- File type
No other editions are linked here.
Original file
Log in to download the original file
The download may take up to a minute.