Request to apply Superseded Planning Scheme Report - Detached House SPS25 0003 & SPS25 0003.01 (As Published) · SPS25/0003

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