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Minor Change Report 132003 220763 1 [As Published] · 132003.220763.1
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Planning Advisor
Development Assessment
C/- Samuel Osakwe – Development Planner
APPLICATION DETAILS
Application No. 132003.220763.1
Development Approval Development Approval for Material Change of Use - Dwelling
in Sand Dune problem area
Applicant Kerrie Maree McCartney
Request Received On 27 November 2023
Report Reviewed By Tara Norley – 12 March 2024
Decision Due Date 2 January 2024
PROPERTY DETAILS
Property Address Noosa Dunes
2/512 David Low Way, Castaways Beach
RP Description Lot 2 SP 111721
Land Area 657m2
Existing Use of Land Dwelling
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Area Plan Not applicable
Overlays Acid Sulfate Soils
Bushfire (Potential Buffer)
Coastal Protection
Assessment Type Minor Change to Development Approval
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1. PROPOSAL
The applicant seeks approval to change to an existing development approval for a Material Change
of Use – Dwelling in Sand dune problem for alterations and additions. The changes include:
• Demolition of raking walls and reconfiguration of walls;
• A new managers office and store room on ground level;
• New living space on the upper level;
• Extension of upper level deck;
• introduction of planter boxes on the upper level;
• Alter size and height of windows on both levels at north west elevation.
The locality and proposal plan are included below.
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Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Floor Plan
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Figure 3 — Floor Plan
Document Set ID: 22730190
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to caling height.
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Figure 4 – Elevations
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2. BACKGROUND
A development approval for a Dwelling on Lot 2 was approved 20 May 2003 under the Noosa Plan
version 25 February 2000. The existing dwelling is located in the Noosa Dunes (formerly Marcus
Dunes) Group Title Development which is within the Coastal Protection area. The Noosa Dunes
estate is subject to the provisions of Plan of Development POD65 – Marcus Dunes Estate, which
includes mapped ‘Building/yard envelopes’ and ‘Natural vegetation in lots to remain untouched’ on
the approved plan (refer to Figure 5). Dwelling houses must be constructed in accordance with the
development parameters. The Body Corporate has provided approval for the works to proceed,
subject to Council approval and confirm it complies with the Plan of Development.
Figure 4: Plan of Development POD65 – Marcus Dunes Estate
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
• The Noosa Plan 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 changes
relate to an approved dwelling and the changes are consistent with the existing approval;
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• 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 following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Housing Code;
• Low Density Residential Zone Code;
• Works Codes;
• Coastal Protection Overlay Code.
The subject site is zoned Low Density Residential. The Plan of Development (Group Housing) for
Noosa Dunes indicates dwelling units are code assessable development and sets development
parameters for assessment of applications. The table below provides an assessment of the
proposal against these development parameters.
It is noted that the Landslide overlay was relevant when the dwelling was approved. However, it is
noted that the Landslide hazard overlay in Noosa Plan 2020 mapping no longer relates to this site.
Plan of Development requirements Assessment of Compliance
Buildings shall be constructed in the envelopes The proposal complies with the setbacks
as shown on the POD required by the POD, with the building
located entirely within the building
Setbacks
envelope.
• 4 m to east boundary (frontage)
• 2 m to south and northern boundaries
• 5 m to the east boundary (rear)
Maximum Building Height
• 2 storeys
• 8m or:
• maximum roof level as shown on POD
whichever is the lesser height Not Applicable
Maximum Building levels The dwelling complies with the
maximum building levels.
• 3 levels
Site Coverage
• maximum of 40%
Maximum dwelling unit floor area 350m² The proposal plans indicate a gross floor
(including garage space) and one manager’s area of 377m² which includes the garage
office of 40m². and a manager’s office which is 40m2.
Vegetation – all to remain outside building Existing conditions are still relevant
envelopes
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Condition 1
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are prepared by Vast Environments,
numbered tp-01, A2-1, A2-2, A5.1, A5.2, A6.1, A6.2 dated march 03 and numbered A2-3 dated
sept 02 and as may be amended by these conditions.
Applicant’s Request
The applicant wishes to renovate the existing dwelling which requires plans for the additions to be
recognised in the approval. Therefore, a change to existing Condition 1 is required. No other
existing conditions are affected by the proposal.
Assessment of Request
The proposal complies with the Plan of Development in respect to building height, floor area and
site cover. There are no non-compliances relating to Noosa Plan 2020. The changes to the dwelling
are generally consistent with the existing approval.
Given the dwelling is located in the Coastal Protection area, it is recommended to include an
additional condition 25 that the dwelling is to consist of muted tones that blend into the environment,
as it is noted that parts of the building are white.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed changes generally comply with the requirements of the POD and the existing
approval 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 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132003.220763.1, to make a minor change to an existing approval
for Material Change of Use - Dwelling in Sand Dune problem area situated at Noosa Dunes 2/512
David Low Way Castaways Beach described as Lot 2 SP111721, Council on 12 March 2024
decided to:
A. Approve the change.
B. Amend condition 1 and 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, unless otherwise amended by these
conditions.
Plan Rev. Plan/Document Name Date
No.
01 C Site plan – Proposed, prepared by plans2go 27/11/2023
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02 C Garage & Beds 2/3 Floor – Proposed, prepared by 27/11/2023
plans2go
03 C Living Floor & Bed 1 – Proposed, prepared by 27/11/2023
plans2go
04 C Roof plan – Proposed, prepared by plans2go 27/11/2023
05 C North East & North West Elevation – Proposed, 27/11/2023
prepared by plans2go
06 C South West & South East Elevation – Proposed, 27/11/2023
prepared by plans2go
07 C Section Rear & Front, prepared by plans2go 27/11/2023
08 C Section 2, prepared by plans2go 27/11/2023
09 C Section 3, prepared by plans2go 27/11/2023
10 C Section 4, prepared by plans2go 27/11/2023
C. Include additional Condition 25
Coastal protection/Building appearance
25. External colours and finishes of the dwelling must be of muted/environmental tones
that blend with the natural environment and have low-reflective roofing and cladding
materials.
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