Request to apply Superseded Planning Scheme Report - Detached House SPS25 0003 & SPS25 0003.01 (As Published) · SPS25/0003

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               1.     PROPOSAL
               The applicant seeks Council’s agreement to a superseded planning scheme request for a Dwelling
               House to enable the lodgement of a Code assessable development application for:
               •    Material Change of Use – Dwelling House (limited to the subject matter of the required
                    acceptable outcomes that were not complied with or were not capable of being complied with
                    under sub-section 5.3.3 (2) of the Noosa Plan 2020 Amendment 2 – 25 September 2020);
               •    Operational Works – Earthworks, under the Noosa Plan 2020 (Amendment 2 – 25 September
                    2020).
               The Noosa Plan 2020 (Amendment 2 – 26 September 2025) changed the Table of the Assessment
               for a Dwelling House in the Medium Density Residential Zone to Impact Inconsistent where the
               site is greater than 500m2.
               While no significant changes have been made to the assessment benchmarks for Operational
               Works – Earthworks for ease of assessment, the applicant seeks to include operational works in
               the superseded planning scheme request.
               The applicant has submitted an Assessment of Compensation Report for 92 Hilton Terrace
               Noosaville, prepared by Herron Todd White, in support of the request.




                                                     Figure 1 – Site Locality




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                                       Figure 2 – Subject Site




                                        Figure 3 – Site Plan




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                                                     Figure 4 – Ground Floor Plan




                                                      Figure 5 – First Floor Plan


               2.     SITE DETAILS
               2.1. Background
               The subject site previously consisted of a Shop which remained in use up until 2018 and was later
               demolished, since that time the primary use of the site returned to residential. A demolition permit
               was granted in 2025 for the demolition of the existing building and structures on the site; this permit
               has since lapsed as works were not carried out within the relevant periods (Council ref.
               DBW24/0156).
               2.2. Site Description
               The site is approximately 1,937m2 in size and located on the northern side of Hilton Terrace and
               abuts the Noosa River. The site contains an existing dwelling within a vegetated setting.


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               2.3. Surrounding Land Uses
               The subject site is predominately surrounded by established residential unit developments, with
               land to the south known as Ivory Palms Resort predominately being Tourist Accommodation. The
               below highlights the sites that remain a Dwelling House.




                Figure 6 – Surrounding Development (highlighted properties are existing dwellings in proximity to the site in
                                                                 MDRZ)




                            Figure 7 – Table of Assessment for Dwelling House in Medium Density Residential Zone
                                                  Top – Amendment 1 – 25 September 2020
                                                Bottom – Amendment 2 – 26 September 2025




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               3.     ASSESSMENT
               3.1. Superseded Planning Scheme Request
               Under the Planning Act 2016 a person may within 1 year after commencement of the Noosa Plan
               2020, make a superseded planning scheme request.
               A superseded planning scheme request is a written request to Council:
               •    To accept, assess and decide a development application under a superseded planning
                    scheme; or
               •    To apply a superseded planning scheme to a development that was accepted development
                    (no approval required).
               Under the Planning Regulation 2017, Council must decide whether or not to agree to a Superseded
               Planning Scheme request within 30 business days after the request is received, which may be
               extended where the applicant agrees in writing before the period ends. If no decision is made by
               Council within the required time frame, the Council is taken to have agreed to the Superseded
               Planning Scheme request.
               If the Council decides to agree, or is taken to have agreed to the request, the superseded planning
               application must be made within 6 months to Council, or where the proposal is accepted
               development under the superseded planning scheme, commence the use within 6 years of the
               Decision Notice being given.
               3.2. Planning Schemes
               The site is located in Noosaville and is zoned Medium Density Residential under the Superseded
               Planning Scheme. Under the Superseded Planning Scheme, a Dwelling House is categorised as
               Accepted Development, subject to requirements, as illustrated in Figure 7.
               Noosa Plan 2020 (Amendment 2 – 25 September 2025) introduced additional provisions within the
               Categories of Development and Assessment column of the Table of Assessment. The intent of the
               amendment is to encourage higher-density residential development within the Medium Density
               Residential Zone and to discourage the underutilisation of land capable of accommodating
               increased residential density.
               The proposed development is impacted by these amendments as a dwelling house on a Medium
               Density Residential lot is no longer afforded the same assessment status as under the Superseded
               Planning Scheme. However, aside from the changes to the Table of Assessment, the strategic
               planning intent for the area remains focused on facilitating medium-density residential outcomes.
               The subject site is also identified within the Acid Sulfate Soils Overlay and Flood Hazard Overlay
               under both versions of the planning scheme. The application of these overlays, and the associated
               planning considerations, remain substantially unchanged between the Superseded Planning
               Scheme and Noosa Plan 2020 (Amendment 2).
               3.3. Potential for Compensation
               Under the Planning Act 2016 a person who was the owner of the premise when The Noosa Plan
               2020 commenced (referred to in the Act as an affected owner), may make a claim for compensation
               where:
               •    the planning scheme change reduces the value of an interest in premises (referred to in the
                    Act as an adverse planning change);
               •    The request to apply the superseded planning scheme is refused;
               •    Where the development is assessable under the Superseded Planning Scheme, the
                    application is made and refused, approved with conditions or approved in part or
               •    Where the adverse change is a public purpose change.
               However, pursuant to s30(4) of the Act an adverse planning change does not include a planning
               change that:


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               (a)    has the same effect as another statutory instrument, other than a TLPI, for which
                      compensation is not payable; or
               (b)    is made to comply with the regulated requirements; or
               (c)    includes infrastructure in a planning scheme, or removes or changes the infrastructure shown
                      in a planning scheme, including under a designation; or
               (d)    is about matters included in a LGIP; or
               (e)    is made—
                      (i)     to reduce a material risk of serious harm to persons or property on the premises from
                              natural events or processes (bush fires, coastal erosion, flooding or landslides, for
                              example); and
                      (ii)    under a provision of the Minister’s rules that applies specifically to the making of a
                              planning change to reduce the risk; or
               (f)    is about the relationships between, the location of, or the physical characteristics of,
                      buildings, works or lots, if the yield achievable is not substantially different from the yield
                      achievable before the change; or
               (g)    is made under section 276(1)(c) to identify all or part of a local government area as a party
                      house restriction area
               Notably for (f) above, the yield achievable is not substantially different from the yield achievable
               before the change, in relation to building work for a residential building, if the gross floor area of
               the residential building— (a) is not more than 2,000m2; and (b) is reduced by not more than 15%.
               The current owner is an affected owner and in the circumstances the owner may reasonably apply
               for compensation if the request is refused. The applicant has reasonably demonstrated there is a
               significant risk of compensation should the application be refused.
               The applicant's valuation evidence, prepared by Herron Todd White, indicates a potential
               compensation liability of up to $10 million. The valuation has been undertaken using the direct
               comparison method, whereby sales of comparable properties were analysed to establish the
               market value of the subject site.
               The comparable sales comprise properties with similar characteristics to the subject site, including
               topography, proximity to services, views, lot size, medium-density zoning, and the presence of a
               single dwelling. All comparable properties are located within either the Noosa Shire or the broader
               Sunshine Coast region, providing an appropriate and relevant basis for comparison.
               While Council does not necessarily accept that the potential compensation exposure would amount
               to $10 million, the valuation evidence demonstrates that there is a genuine and material risk of a
               substantial compensation claim should the application be refused.
               4.     CONSULTATION
               4.1. Other Referrals
               Not applicable
               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development is not consistent with Noosa Plan 2020 (Amendment 2 – 26 September
               2025) with regards to the use of the premises for the purpose of a Dwelling House in the Medium
               Density Residential Zone on a lot greater than 500m2. While the development yield in regard to
               density has not been reduced, the refusal of the request puts Council at significant risk of
               compensation.
               The request to apply the superseded scheme is therefore recommended for approval.




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               RECOMMENDATION
               With regard to Application No SPS25/0003 & SPS25/0003.01 for a Request to Apply a Superseded
               Planning Scheme – Dwelling House situated at 92 Hilton Terrace Noosaville Qld 4566 and
               described as Lot 14 RP 901986, Council decided to agree to your request.




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Document Set ID: 24660290
Version: 5, Version Date: 10/07/2026