Request to apply Superseded Planning Scheme Report - Detached House SPS25 0003 & SPS25 0003.01 (As Published) · SPS25/0003

               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 Superseded Planning Scheme Request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               2020, make a superseded planning scheme request.
               A superseded planning scheme request is a written request to Council:
               •    To accept, assess and decide a development application under a superseded planning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               •    To apply a superseded planning scheme to a development that was accepted development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               Under the Planning Regulation 2017, Council must decide whether or not to agree to a Superseded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               Council within the required time frame, the Council is taken to have agreed to the Superseded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               If the Council decides to agree, or is taken to have agreed to the request, the superseded planning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               development under the superseded planning scheme, commence the use within 6 years of the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               The site is located in Noosaville and is zoned Medium Density Residential under the Superseded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 Under the Superseded Planning Scheme, a Dwelling House is categorised as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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Document Set ID: 24660290
Version: 5, Version Date: 10/07/2026