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Generally In Accordance Report MCU21/0150.02 [As Published]
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:
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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
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A104 6 North & South Elevations prepared by Oceanside 18/11/2024
Projects
A105 6 East & West Elevations prepared by Oceanside 18/11/2024
Projects
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Document Set ID: 23632524
Version: 3, Version Date: 09/04/2025