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Generally In Accordance Report MCU21/0150.02 [As Published]

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               APPLICATION FOR CHANGES TO BE CONSIDERED GENERALLY IN ACCORDANCE WITH
               DEVELOPMENT APPROVAL
               Author                  Senior Development Planner, Georgina Schramm
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                 MCU21/0150.02

                    Applicant                       Evolve Building Approvals

                    Development Approval            Material Change of Use - Generally in Accordance

                    Request Received On             14 February 2025

                    Report Reviewed By              Andrew Gaffney - 09.04.2025


                    PROPERTY DETAILS

                    Property Address                9 Rules Rd Pomona Qld 4568

                    RP Description                  Lot 190 MCH 1261

                    Land Area                       15,931.8m2 / 15.8 ha

                    Existing Use of Land            Shed


                    STATUTORY DETAILS

                    SEQRP Designation               Urban Footprint

                    Zone                            Rural Residential

                    Precinct                        Not applicable

                    Local Area Plan                 Hinterland Villages

                    Overlays                        Biodiversity, Waterways and Wetlands

                    Assessment Type                 Generally in Accordance with Development Approval




               1.      PROPOSAL
               The applicant seeks Council’s agreement that the following changes are generally in accordance
               with the approved plans of development for the site:
               •       Revised design of the Secondary Dwelling
               The applicant has submitted:

                                                                                                       Page 1 of 3

Document Set ID: 23632524
Version: 3, Version Date: 09/04/2025
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                      The initially approved primary dwelling is not being constructed and may not be built in the
                      foreseeable future. Instead, the client plans to construct the secondary dwelling (granny flat)
                      at the rear of the property, as depicted on the site plan. This secondary dwelling will now
                      serve as the primary residence. Due to this design alteration, Noosa Council requires a
                      "generally in accordance" lodgement for the revised design. The original secondary dwelling
                      design was for a 1-bedroom unit, whereas the revised design proposes a 2-bedroom dwelling
                      at the rear of the lot, still adhering to the 65m² guidelines.
               2.     BACKGROUND
               A development approval for Material Change of Use – Dwelling House (including secondary
               dwelling) was issued on 22 December 2021. The application triggered due to clearing in the
               riparian buffer of the Biodiversity, Waterways and Wetlands Overlay and koala priority area, core
               koala habitat rea.
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               The following codes from the Noosa Plan 2020 are applicable to the proposed changes:
               •     Rural Residential Zone Code;
               •     Biodiversity, Waterway and Wetlands Overlay Code;
               •     Bushfire Hazard Overlay Codes;
               •     Works Codes.
               The applicant has provided amended plans, revising the design of the secondary dwelling.
               The dwelling will remain within the approved cleared area, and compliant with all accepted
               development benchmarks.
               The applicant has relayed that the intent is for the “approved secondary dwelling” to function as
               the primary dwelling for the unforeseeable future, in the event the landholder decides to proceed
               with the construction of the approved primary dwelling, the dwelling will revert to a secondary
               dwelling as it maintains compliance with the relevant outcomes.
               The development is considered generally in accordance with the development permit.
               4.     CONSULTATION
               Not applicable
               5.     CONCLUSION & REASONS FOR DECISION
               The changes are considered minor and are in keeping with the approval and can be considered
               generally in accordance with the approval. 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 generally in accordance request 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.MCU21/0150.02, seeking confirmation that the proposed changes
               are considered generally in accordance with the development approval for Material Change of Use
               - Generally in Accordance situated at 9 Rules Rd Pomona Qld 4568 described as Lot 190 MCH
               1261, Council on < confirmed the plans listed in the following table as being generally in
               accordance with the development approval.

                Plan No.               Rev.   Plan/Document Name                                    Date

                A102.01                6      Site Plan prepared by Oceanside Projects              18/11/2024

                A103.01                6      Floor Plan prepared by Oceanside Projects             18/11/2024

                                                                                                        Page 2 of 3

Document Set ID: 23632524
Version: 3, Version Date: 09/04/2025

Page 3

                A104                   6   North & South Elevations prepared by Oceanside 18/11/2024
                                           Projects

                A105                   6   East & West Elevations prepared by Oceanside 18/11/2024
                                           Projects




                                                                                             Page 3 of 3

Document Set ID: 23632524
Version: 3, Version Date: 09/04/2025

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