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

               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