Minor Change Report - RAL18/0023 02 (As Published) · RAL18/0023.02

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               1.       PROPOSAL
               The application seeks approval to change condition 53(a) of RAL18/0023. Condition 53(a) relates
               to the requirement for a 10m wide landscape garden bed along the non - residential lots facing
               Hofmann Drive. The applicant requests that the landscape buffer be reduced to 7 metres.
               The locality and proposal plan are included below.




                                                          Figure 1 – Locality


               2.       BACKGROUND
               At its Ordinary Meeting of 20th June 2024 Council refused an application for a Material Change of
               Use for a Childcare centre for 96 children on lot 4. The proposal was refused as it:

                    •    Did not provide a 10-metre-wide landscaped garden to Hofmann Drive consistent with
                         conditions of the original Reconfiguration approval that created the lot.
                    •    Failed to incorporate the 10-metre landscape setback required to achieve the parklike
                         setting envisaged by the Noosa Plan.
                    •    Sought approval for a use that was inconsistent in the Major Centre zone - Business Park
                         Precinct which sought to deliver commercial, and employment uses for the precinct.
                    •    Proposed a bio retention basin at the front of the site in the setback area resulting visual
                         impacts.
                    •    Located bicycle parking in an area that impeded access around the site.
               The Appeal was resolved in April 2025 with the Appellant making changes to the proposal including
               a 7-metre-wide landscape buffer to lot 4 along Hofmann Drive, increased setback of the building
               from the front boundary, increase to the building footprint, and an associated realignment of the
               rear boundary further to the north to accommodate the increased building setback and footprint.


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               To accommodate the revised lot boundaries and conflict with the landscaping condition of the
               earlier reconfiguration and operational works approvals, the settlement agreement included:
               •      the requirement to make a development application or change application to seek a boundary
                      realignment in accordance with the proposed realignment (extract of settlement deed below);
                      and
               •      the requirement to make a change application to Council which seeks an amendment to the
                      existing ROL Approval (RAL18/0023) and the OPW Approval (OPW20/0145) to remove the
                      requirement in each of those approvals for a 10-metre landscape buffer with respect to Lot 4
                      on SP322201 only if the child care centre development is to be carried out over the lot.


               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
               •      Noosa Plan 2020 (25 September 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 proposal does
                      not:
                      o     involve a new use; or
                      o     result in the application applying to a new parcel of land; or
                      o     dramatically change the built form in terms of scale, bulk and appearance; or
                      o     change the ability of the proposed development to operate as intended; or
                      o     remove a component that is integral to the operation of the development; or
                      o     significantly impact on traffic flow and the transport network, such as increasing traffic
                            to the site; or
                      o     introduce new impacts or increase the severity of known impacts; or
                      o     remove an incentive or offset component that would have balanced a negative impact
                            of the development; or
                      o     impact on infrastructure provisions.
               •      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 original application was lodged and assessed under the now superseded Noosa Plan 2006.
               Pursuant to s81 of the Planning Act 2017, Council must consider the planning scheme in effect
               when the original development application was lodged, however Council may give weight to Noosa


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               Plan 2020 as the planning scheme in effect at the time of the minor change application being
               lodged.
               The following codes from Noosa Plan 2020 are applicable to this development:
               •      Major Centre Zone Code;
               •      Noosaville Local Plan Code;
               •      Reconfiguring a lot Code;
               •      Works Codes;
               •      Acid sulfate soil Overlay Code
               •      Bushfire hazard Overlay Code
               The proposed change to the condition is generally consistent with the above codes.
               Existing Condition 53(a)
               Landscaping Works
               53. The development site must be landscaped in accordance with the Noosa Plan’s Landscaping
               Code and Planning Scheme Policy Landscaping Plants and Guidelines. The landscaping must be
               reflective of the surrounding natural landscape and must be reflective of the surrounding natural
               landscape. The works must be undertaken in accordance a plan prepared by a qualified person*
               and in accordance with an Operational Works approval and must include in particular:
                a. Local native plant species suitable for the location in mulched garden beds within the lots that
               front to Hofmann Drive and the future extension of Hofmann Drive that are 6m wide to the
               residential lots 17-19 and 10m wide to the remaining lots at the time of sealing the plan of
               subdivision.
               Applicant’s Request
               The applicant has requested existing condition 53(a) be amended to allow Council to vary the 10
               metre setback as part of subsequent development applications. Specifically, the applicant
               requests:
               a. Local native plant species suitable for the location in mulched garden beds within the lots that
               front Hofmann Drive and the future extension of Hofmann Drive that at 6m wide to the residential
               lots 17-19 and 10m wide to the remaining lots at the time of sealing the plan of subdivision, unless
               otherwise approved by Council as part of a subsequent development application over the
               newly created lots.
               In support of the request the applicant submits:
               The revised 7m buffer maintains the intent of the condition by providing a landscaped frontage to
               Hofmann Drive with local native species. The revised buffer will continue to achieve the intent of
               the original condition by providing a landscaped edge to Hofmann Drive with local native plant
               species, while balancing the site’s development potential. The change is sought to align the
               approval with the outcome of discussions and agreement reached with Council during the Child
               Care Centre appeal. Specifically, it was agreed that a 7m wide landscape buffer is appropriate for
               Lot 4, in place of the previously conditioned 10m width.
               Assessment of Request
               The request to vary the buffer is appropriate however the wording of the request is not consistent
               with the wording of the agreed court settlement and is not supported. The court settlement details
               a 7m landscape buffer for Lot 4 only and only if the child care centre is to be developed. The
               applicant however requests flexibility for a reduced setback over other lots and does not refer
               specifically to lot 4 or the child care centre. A revised wording consistent with the court settlement
               is detailed below.
               Recommendation
               Landscaping Works

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               53. The development site must be landscaped in accordance with the Noosa Plan’s Landscaping
               Code and Planning Scheme Policy Landscaping Plants and Guidelines. The landscaping must be
               reflective of the surrounding natural landscape and must be reflective of the surrounding natural
               landscape. The works must be undertaken in accordance a plan prepared by a qualified person*
               and in accordance with an Operational Works approval and must include in particular:
               a. Local native plant species suitable for the location in mulched garden beds within the lots that
               front Hofmann Drive and the future extension of Hofmann Drive that are 6m wide to the residential
               lots 17-19, 7m wide for Lot 4 on SP32201 (only where developed in accordance with
               MCU22/0094 – for a child care centre) and 10m wide to the remaining lots at the time of sealing
               the plan of subdivision.


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •      Coordinator Engineering, Development Assessment
               5.     CONCLUSION & REASONS FOR DECISION
               The request to vary the landscape buffer is reasonable in principle, however the proposed wording
               is inconsistent with the terms of the agreed court settlement and therefore cannot be supported.
               The settlement expressly provides for a 7metre landscape buffer on Lot 4 only and only in the
               event that a child care centre is developed on that lot. In contrast, the applicant’s request seeks
               broader flexibility for reduced setbacks across multiple lots and does not specifically reference Lot
               4 or the child care centre. Revised wording that aligns with the court settlement is included in the
               recommendation.
               The report is provided in accordance with Section 83(9) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. RAL18/0023.02 to make a minor change to an existing approval for
               Reconfiguring a Lot (1 into 23) situated at 55, 57, 63, 64, 65, 66, 67, 68, 69, 70, 72, 74, 76 Hofmann
               Dr, 28 Eenie Creek Road, and 37, 38, 40, 46, 52, 54 Walter Hay Drive, Noosaville (formerly 28
               Eenie Creek Road) and described as Lots 1 to 19 and 21 to 24 on SP322201 (Formerly Lot 3 SP
               322201), Council on 27 January 2026 decided to:
               A.     Approve the change.
               B.     Amend conditions 53(a) to read as follows:
               Landscaping Works
                         53. The development site must be landscaped in accordance with the Noosa Plan’s
                         Landscaping Code and Planning Scheme Policy Landscaping Plants and
                         Guidelines. The landscaping must be reflective of the surrounding natural
                         landscape and must be reflective of the surrounding natural landscape. The works
                         must be undertaken in accordance a plan prepared by a qualified person* and in
                         accordance with an Operational Works approval and must include in particular:

                         a. Local native plant species suitable for the location in mulched garden beds within
                         the lots that front Hofmann Drive and the future extension of Hofmann Drive that
                         are 6m wide to the residential lots 17-19, 7m wide for Lot 4 on SP32201 (only where
                         developed in accordance with MCU22/0094 – for a child care centre) and 10m wide
                         to the remaining lots at the time of sealing the plan of subdivision.

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Document Set ID: 24379807
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