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Minor Change Report 132004 4321 01 [As Published] · 132004.4321.01

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Development Planner, Cameron Smith
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                   132004.4321.01

                  Development Approval              Material Change of Use - Dwelling House in Special Facilities
                                                    Zone

                  Applicant                         Wendy Joan Moon and Joan Moon

                  Request Received On               8 January 2025

                  Report Reviewed By                Matthew Pinese 19/03/2025

                  Decision Due Date                 19 March 2025


                  PROPERTY DETAILS

                  Property Address                  ‘The Ridge’ 557/61 Noosa Springs Dr Noosa Heads

                  RP Description                    Lot 57 GTP 107048

                  Land Area                         750m2

                  Existing Use of Land              Dwelling House


                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              Low Density Residential

                  Precinct                          Not applicable

                  Local Area Plan                   Noosa Heads

                  Overlays                          Land Subject to Acid Sulfate Soils – 5m AHD or below

                  Assessment Type                   Minor Change to Development Permit




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Document Set ID: 23445529
Version: 4, Version Date: 19/03/2025
Full text of the other 6 pages

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               1.     PROPOSAL
               The applicant seeks approval to change to an existing Development Permit for a Material Change
               of Use - Dwelling House in Special Facilities Zone.
               The applicant seeks to undertake alterations/additions to the existing dwelling house in the form of
               an additional unenclosed roofed structure (the ‘proposed development) to the dwelling located at
               557/61 Noosa Springs Drive Noosa Heads (the ‘subject site’).
               The proposed structure is 2.84m long and varies in width between 4.03m and 4.53m. The height
               of the additional roof area is not disclosed but will not exceed that of the ceiling of the single storey
               house which it extends from. The setback to the side boundary varies between 1.8m to 2.3m.
               The locality and proposal plans are included below.




                                                          Figure 1 – Locality




                                                 Figure 2 – Proposal Site/Concept Plan



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Document Set ID: 23445529
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                                                    Figure 3 – Elevation Render

               2.     BACKGROUND
               The subject site is part of Noosa Springs development that was previously subject to a rezoning
               application, which saw introduction of Plan of Development No.39. Under the Plan of Development
               approved for the site, the subject site was included within Precinct C2. The following table details
               the plan of development requirements for dwelling houses in Precinct C:-

                                                                 Plan of Development Criteria

                Building Height                 2 storeys and 8 metres

                Special Condition for           All buildings in Precinct C2 shall be a minimum 3 metres clear
                Buildings in Precinct C2        of the escarpment to the south.




                                               Figure 5 – Plan of Development No.39

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Document Set ID: 23445529
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               Precinct C2 was subject to a further application to create the existing residential lots.
               The subject site is described as Lot 57 (and does not adjoin the escarpment) and therefore this
               condition is not applicable to the proposed alterations and additions to the dwelling.


               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 Plan 2020 (25 September 2020).
               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 alterations
                      and additions will not dramatically change the built form;
               •      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 Town Planning
               Scheme 1990. The Planning Act 2016 requires minor change applications to be assessed against
               the planning scheme in effect at the time of the original application (Town Planning Scheme 1990);
               however, Council may give weight to the planning scheme in effect at the time of the minor change
               application being lodged (Noosa Plan 2020).
               The subject site was zoned Special Facilities (Tourist Resort Complex as shown on Plan of
               Development 390-PD3) and was within Precinct C2 of the Plan of Development no.39 under Town
               Planning Scheme 1990. Under the Noosa Plan 2020, the site is zoned Low Density Residential
               and is within the Noosa Heads Local Plan area. A Dwelling House was a consent development
               (consistent use) on this site under the superseded planning scheme and is identified as Accepted
               Development, subject to requirements and a consistent use under the current planning scheme.
               The proposed extension for the unenclosed structure complies with most superseded planning
               scheme requirements for the site, including setbacks (Noosa Springs Drive is not a Council owned
               road and forms part of the body corporate) and height complies. The superseded planning scheme
               prescribed a maximum site cover of 35% required which cannot be achieved as the previous site
               cover approved was for 262.5m2 or 35.8%. Additional site cover will be approximately 12.5m2 or
               an additional 0.16%, bringing the total (approved) site cover from 268.5m2 to 281m2 or 37.5%.
               The proposed extension also complies with the Low Density Residential Zone Code and Low
               Density Housing Code under the Noosa Plan 2020. The proposed roofed structure meets all


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Document Set ID: 23445529
Version: 4, Version Date: 19/03/2025

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               applicable planning scheme code provisions, including the built form and design requirements for
               setbacks, height, length of wall, landscaping and site cover.
               Overall, the alterations and additions remain generally in keeping with the original approval and
               aesthetic of Noosa Springs.
               The following codes from Noosa Plan 2020 are applicable to this development:
               •      Low Density Residential Zone Code;
               •      Low Density Housing Code;


               Existing Condition 1
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are numbered 0402 WD 01 C -0402
                      WD 05 C; labelled Site & Ground Floor Plan, First Floor Plan, Roof Plan & Sections, Sections
                      and Elevations respectively; prepared by Peter Hull Architect and dated April 2004 and as
                      may be amended by these conditions.


               Applicant’s Request
               The applicant has not requested any change to this existing condition.
               Assessment of Request
               The proposed additional drawings will be combined into the approved plans list.
               Recommendation
               It is recommended the existing condition be amended to read as follows:
                      Approved Plans
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are numbered 0402 WD 01 C -0402
                      WD 05 C; labelled Site & Ground Floor Plan, First Floor Plan, Roof Plan & Sections, Sections
                      and Elevations respectively; prepared by Peter Hull Architect and dated April 2004 and as
                      may be amended by these conditions.
                      Development authorised by this approval must be undertaken generally in accordance
                      with the Approved Plans listed in the table below.

                         Plan No.           Rev.   Plan/Document Name                            Date

                         0402 WD 01         C      Site and Ground Floor Plan                    April 2004
                                                   Prepared by Peter Hull Architect

                         0402 WD 02         C      First Floor Plan                              April 2004
                                                   Prepared by Peter Hull Architect

                         0402 WD 03         C      Roof Plan                                     April 2004
                                                   Prepared by Peter Hull Architect

                         0402 WD 04         C      Sections                                      April 2004
                                                   Prepared by Peter Hull Architect

                         0402 WD 05         C      Elevations                                    April 2004
                                                   Prepared by Peter Hull Architect

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                         001               A      Site and Layout Plan                         -

                         002               A      Locality and Elevation                       -

               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
               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.




                                                                                                   Page 6 of 7

Document Set ID: 23445529
Version: 4, Version Date: 19/03/2025

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               RECOMMENDATION
               With regard to Application No. 132004.4321.01 to make a minor change to an existing
               Development Permit for a Material Change of Use - Dwelling House in Special Facilities Zone
               situated at ‘The Ridge’ 557/61 Noosa Springs Dr Noosa Heads and described as Lot 57 GTP
               107048, Council on 19 March 2025 decided to:
               A.     Approve the change.
               B.     Amend condition 1 to read as follows:
                      Approved Plans
               1.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                         Plan No.           Rev.   Plan/Document Name                        Date

                         0402 WD 01         C      Site and Ground Floor Plan                April 2004
                                                   Prepared by Peter Hull Architect

                         0402 WD 02         C      First Floor Plan                          April 2004
                                                   Prepared by Peter Hull Architect

                         0402 WD 03         C      Roof Plan                                 April 2004
                                                   Prepared by Peter Hull Architect

                         0402 WD 04         C      Sections                                  April 2004
                                                   Prepared by Peter Hull Architect

                         0402 WD 05         C      Elevations                                April 2004
                                                   Prepared by Peter Hull Architect

                         001                A      Site and Layout Plan                      -

                         002                A      Locality and Elevation                    -




                                                                                                 Page 7 of 7

Document Set ID: 23445529
Version: 4, Version Date: 19/03/2025

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