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Minor Change to Existing Approval Refusal DBW19 0003 03
Officer: Tiani Bird
Direct Telephone: 07 5329 6389
Our Reference: DBW19/0003.03
Your Reference: 0704
27 November 2025
D Clout & CP Clout
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 2 July 2025, requesting a minor change to an existing
development approval. Council decided to refuse your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW19/0003.03
Street address: 11 Crusoe Ct Castaways Beach Qld 4567
Real property description: Lot 98 MCH 807481
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
In relation to the request to make a minor change to the existing approval, Council on 21 November
2025 decided to refuse the requested changes. Reasons for refusal are detailed below.
3. REASONS FOR REFUSAL
Refuse to make the change for the following reasons:
1. The proposed change is contrary to the Noosa Plan 2006, Building Works Code Acceptable
Solution S12.1 as the development does not achieve 40% site cover at all levels. The
development does not meet the Probable Solution O12 (a), (b) and (c) as:
(a) The development is not of a scale that is compatible with surrounding development.
There are no existing dwelling houses surrounding the subject site that exceed the
accepted site cover.
(b) The development presents an appearance of bulk to surrounding properties in the vicinity
of the site. The dwelling is not of a scale consistent with existing development,
encroaches within the front and side boundary setbacks and presents an appearance of
dominance to the road and neighbouring properties.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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(c) The development does not maximise landscaping between buildings. The dwelling
presents a blank wall to neighbouring properties where landscaping is anticipated.
2. The proposed changes are contrary to the acceptable outcomes AO7.1 and AO7.2 of the
Noosa Plan 2020, Low Density Residential Zone Code as the development does not achieve
8m in building height and exceeds the accepted 2 storeys. The development does not meet
the Performance Outcome PO7 (a), (b), (c), and (f) Low Density Residential Zone Code as:
(a) The dwelling house exceeds 8m and is not low rise. The dwelling presents a building
height which conflicts with structures on adjoining and surrounding premises and does
not complement the predominant character of the area.
(b) The dwelling house is proposed to be cut into the landscape rather than stepping down
the slope and does not complement the landform.
(c) The proposal presents an over height dwelling when viewed from the David Low Way
frontage and visually dominates the streetscape.
(d) The proposed dwelling is 3 storeys in height.
3. The proposed changes are contrary to the acceptable outcomes AO8.1 and AO8.2 of the
Noosa Plan 2020, Low Density Residential Zone Code as the development does not achieve
40% site cover at all levels and exceeds the accepted 500m2 in gross floor area. The
development does not meet the Performance Outcome PO8 (a), (b), (c) and (d) of the Low
Density Residential Zone Code as:
(a) The bulk and scale of the development in the Low Density Residential Zone is not
consistent with the prevailing building height, gross floor area and site cover and
thereby is not compatible with surrounding development.
(b) The development does not present a low site impact and seeks to cut into the slope to
provide greater floor area rather than stepping down the slope and retain the existing
landform.
(c) The dwelling is proposed within side boundary setbacks where landscaping is
anticipated between buildings.
(d) The dwelling is proposed within the front and side boundary setbacks, exceeds building
height, site cover and gross floor area and thereby presents an appearance of bulk to
neighbouring properties.
4. The proposed changes are contrary to the to the acceptable outcomes AO9.1, AO9.2 and
AO9.3 of the Noosa Plan 2020, Low Density Residential Zone Code as the development is
proposed within the front and side boundary setbacks. The development does not meet the
Performance Outcome PO9 of the Low Density Residential Zone Code as:
(a) The development is not consistent with the predominant character of the streetscape.
(b) The proposal does not allow adequate space for landscaping between the built form at
ground level.
5. The development is not of a scale that is consistent with the surrounding area on the basis
that it already exceeds the allowable site cover.
6. No new or additional information relevant to the proposed change has been provided that
would warrant changing the approval previously accepted by the applicant.
7. The proposal does not comply with Overall Outcomes 6.3.1.2 of (2) (b) and (c) of the Low
Density Residential Zone Code as the development does not make a positive contribution to
the desired character of the existing low density residential neighbourhood.
4. REFERRAL AGENCIES
Not applicable.
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5. ADVISORY NOTES
Not applicable.
6. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
7. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Tiani Bird
Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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