Generally in accordance report (As Published) · MCU22/0094.01

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               1.     PROPOSAL
               The applicant seeks Council’s agreement that a minor change to the roof form, involving an
               extension at the rear of the site, is generally in accordance with the approved plans of development.




               The application qualifies as a minor change under Section 78A(2) of the Planning Act 2016 as
               although the P&E Court issued the original approval, no properly made submissions were received
               for the development application and Council remains the assessment manager.
               2.     BACKGROUND
               At its Ordinary Meeting of 20th June 2024 Council refused an application for a Material Change of
               Use for a Childcare centre for 96 children on lot 4 (MCU22/0094). The proposal was refused as it:
               •      Did not provide a 10-metre-wide landscaped garden to Hofmann Drive consistent with
                      conditions of the original Reconfiguration approval that created the lot.
               •      Failed to incorporate the 10-metre landscape setback required to achieve the parklike
                      setting envisaged by the Noosa Plan.
               •      Sought approval for a use that was inconsistent in the Major Centre zone - Business Park
                      Precinct which sought to deliver commercial, and employment uses for the precinct.
               •      Proposed a bio retention basin at the front of the site in the setback area resulting visual
                      impacts.
               •      Located bicycle parking in an area that impeded access around the site.
               The Appeal was resolved in April 2025 with the Appellant making changes to the proposal including
               a 7-metre-wide landscape buffer to Hofmann Drive, increased setback of the building from the front
               boundary, increase to the building footprint, and an associated realignment of the rear boundary
               further to the north to accommodate the increased building setback and footprint.
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               It is noted that the Noosa Plan 2020 was amended 25 September 2025 and a child care centre
               became a Code Assessable Use in the Major Centre zone (Business Park Precinct). The relevant
               codes of this scheme applicable to the proposed changes now include:
               •      Noosaville Local Plan Code
               •      Major Centre Zone Code
               •      Community Activities Code
               •      Works Codes.

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Document Set ID: 24611130
Version: 2, Version Date: 19/03/2026

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               The applicant has provided amended plans that generally comply with the above codes as well as
               those approved under the court settlement.
               The development is considered generally in accordance with the development permit.
               4.     CONSULTATION
               Not applicable
               5.     CONCLUSION & REASONS FOR DECISION
               The changes are considered minor and are in keeping with the approval and can be considered
               generally in accordance with the approval. 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 generally in accordance request is therefore
               recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No.MCU22/0094.01, seeking confirmation that the proposed changes
               are considered generally in accordance with the development approval for Material Change of Use
               Childs Care Centre - Generally in Accordance situated at 63 & 65 Hofmann Dr Noosaville Qld 4566
               described Lot 4 SP 322201 & Lot 5 SP 322201, Council on 18 March 2026 confirmed the plans
               listed in the following table as being generally in accordance with the development approval.

                Plan No.               Rev.   Plan/Document Name                               Date

                A-WD-04.01             05     Roof Plan                                        4/02/2026

                A-WD-09.02             05     Elevations (North and South)                     4/02/2026




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Document Set ID: 24611130
Version: 2, Version Date: 19/03/2026