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J002387_2025_12_17_Mc
Date: 17 December 2025 Our Reference: J002438 Your Reference: MCU23/0094.02 Attn: Georgina Schramm – Development Planner Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 Dear Georgina, Site Address: 79 - 83 Eumundi Noosa Rd & 26 Headland Dr NOOSAVILLE QLD 4566 RPD: Lot 75 – Lot 77 on RP71151 & Lot 3 on SP208257 Method of Distribution: Email [email protected] Subject: Change Application (Minor Change) Under Section 78 of the Planning Act 2016 We write on behalf of CP 79ENRN PTY LTD (“the Applicant”), regarding the above-mentioned development approval. The latest development approval was granted by Noosa Council, as assessment manager, on 09 July 2025, for the following aspect of development: Development Permit – Material Change of Use – Multiple Dwelling (38 Units – including 36 small dwellings & 2 dwellings greater than 100m²); Development Permit for Reconfiguring a Lot – Subdivision by Community Title (4 lots into 38 Lots); Development Permit for Operational Works – Roadwork, Vegetation Clearing, Earthworks, Landscaping, Drainage and Stormwater. Council’s reference numbers are MCU23/0094.02, OPW23/0113.02 and RAL23/0014.02. A copy of the Existing Approval is enclosed at Attachment 2. This change application is made to Noosa Council, as the responsible entity, and requests a Minor Change to the development approval, pursuant to s.78 of the Planning Act 2016. The change application is to be considered in conjunction with the following detailed attachments:
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Attachment 1 – Application Documentation and Searches prepared by Property Projects Australia
Attachment 2 – Existing Approval Issued by Noosa Council
Attachment 3 – Proposal Plans prepared by Blackwood Architecture and Design
Attachment 4 – Amended RAL Plan prepared by Blackwood Architecture and Design
Further detail regarding the development approval history and the amendments proposed via this change
application is provided below.
1. BACKGROUND
The original development approval was granted by way of a negotiated decision notice over the site by Noosa
Council on 13 May 2024 (Council Ref: MCU23/0094, OPW23/0113 & RAL23/0014), for the following:
Development Permit for Material Change of Use - Multiple dwelling (38 units - 36 small dwellings, 2
dwellings greater than 100m2);
Development Permit for Reconfiguring a Lot – Subdivision by Community Title (4 lots into 38 lots);
Development Permit for Operational Works (in part) – Roadwork, Vegetation Clearing & Earthworks; and
Preliminary Approval for Landscaping, Drainage, Stormwater.
A minor change to the development approval was granted by Noosa Council on 17 September 2024 (Council Ref:
MCU23/0094.01) for changes to the original conditions of approval as they relate to stormwater (Conditions
46 & 47 of development approval MCU230094.
A further minor change to the development approval was granted on 09 July 2025 (Council reference:
MCU23/0094.02, OPW23/0113.02 & RAL23/0014.02) which amended Condition 3 of development approval MCU23/0094.01
and condition 3 of RAL23/0014.01. Through amending the relevant conditions of approval, the following aspects
of the development were amended:
Removal of padmount transmission from Eumundi Noosa Road frontage and return to soft landscaping;
Provision of 3x plunge pools within the private courtyards of Units 202, 207, 301 & 501;
An increase roof pitch of the buildings as a result of amendments to the National Construction Code, all
roof forms remain greater than 5 degrees and below 8 metres from natural ground level;
Provision of internal services cupboard, which in hand offsets gross floor area to allow for a powder
room within townhouses in Building 3, Units 302, 303, 304;
Amendments to the reconfiguring a lot plan.
The development the development permit has a currency period for six (6) years until 13 May 2030. Construction
of the development is underway, with completion expected in June 2026.
2. PROPOSED CHANGES
This change application seeks to amend the development approval (Council reference: MCU23/0094.02,
OPW23/0113.02 & RAL23/0014.02) issued by Council on 09 July 2025. Following receipt of the development
approval and during detailed design, it was established that amendments to the site layout / design are
required.
As demonstrated in the Amended Proposal Plans at Attachment 3, the development seeks to incorporate the
following key changes:
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A slight redesign of the overall site plan and common property areas to incorporate the existing common
landscaped area adjacent to unit 601, into unit 601’s Exclusive Use area, where it will remain a soft
landscape area;
Unit 601 fence design along the Main switchboard (MSB) area has been adjusted to allow for compliant
openings from MSB and Main Points of connection;
A distinct ‘No Build Zone’ for overland flow path on the southern boundary between unit 601 and Lot 2
on SP208257 has been identified, to remain clear of buildings and structures to maintain the function
of the overland path.
A slight increase to the total bin store area next to the visitor carparking spots adjacent to building
1.
2.1. Unit 601 Exclusive Use Area
The proposed realignment of common property seeks to incorporate the landscaped common area adjacent to Unit
601 into its exclusive use allocation. The area will remain as a soft landscape area but will only be
accessible to and available for the exclusive use of Unit 601.
The proposed amendment was identified during the detailed design phase, where it was considered that the
landscape area would serve a greater benefit as an exclusive rather than common landscape area. This is due
to its location between the car park, adjacent residence and pump room, as well as its adjacency to Unit
601.
The design change is consistent with the approach to private open space adjoining other units, such as Unit
701. It is also submitted that it will enhance the amenity and usability of Unit 601 without compromising
the integrity of the overall site design. Whilst there is no change to the landscape design, as the use
rights for the area transfer from common to exclusive use, the total common property area reduces by 53m²
to 2,912m² (from 2,965m²).
Importantly, the designated ‘No Build Zone’ for the overland flow path remains clearly defined and protected,
ensuring that all hydraulic and safety considerations are maintained.
The minor change involves a slight redesign of the site plan and fencing layout to ensure compliance with
access requirements for the Main Switchboard (MSB) and main points of connection. These services, adjacent
to Car park 603 will be located within common property and forward of a new dividing fence that will
delineate the western boundary of the proposed exclusive use area. The new fence will be Fence Type 5 (1.8m
high double lapped ‘Good Neighbour’ timber fence with a paint finish).
This proposal represents a practical and design-driven refinement that improves the design outcome, while
maintaining compliance with Noosa Plan 2020.
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Extract 1 – Approved Site Plan
Source – Blackwood Architecture and Design
Extract 2 – Proposed – Site Plan
Source – Blackwood Architecture and Design
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Extract 3 – Approved Ground Floor Plan
Source – Blackwood Architecture and Design
Extract 4 – Proposed Ground Floor Plan
Source – Blackwood Architecture and Design
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Extract 5 – Approved General Arrangement Plan
Source – Blackwood Architecture and Design
Extract 6 – Proposed General Arrangement Plan
Source – Blackwood Architecture and Design
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Extract 7 – Approved ROL Plan - RAL23/0014.02
Source – Blackwood Architecture and Design
Extract 8 – Proposed ROL Plan
Source – Blackwood Architecture and Design
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2.2. Changes to Approved Drawings and Documents
The proposed changes require amendments to the list of approved drawings and documents, as identified in
Table 1 below.
The approved drawings and documents to be removed have been struck out and the amended drawings and documents
to be included are shown in bold. Where not listed in Table 1 below, the drawings or documents will remain
as documented in the Existing Approval.
Table 1 - Approved Drawings and Documents - MCU23/0094.02
Plan No. Rev. Plan/Document Name Date
General
WD0.05 7 Site Plan prepared by Blackwood Architecture & Design 25/03/2025
WD0.05 12 Site Plan prepared by Blackwood Architecture & Design 14/11/2025
WD0.06 7 Site Plan – Ground Level prepared by Blackwood 25/03/2025
Architecture & Design
Site Plan – Ground Level prepared by Blackwood
WD0.06 12 Architecture & Design 14/11/2025
WD0.07 6 Site Plan – Upper Level prepared by Blackwood 25/03/2025
Architecture & Design
WD0.08 6 Site Plan – Roof prepared by 25/03/2025
Blackwood Architecture & Design
WD0.09 6 Site – Elevations prepared by 25/03/2025
Blackwood Architecture & Design
WD.0.10 6 Site – Internal Elevations / Sections prepared by 25/03/2025
Blackwood Architecture & Design
WD.1.19 6 Landscape prepared by Blackwood Architecture & Design 25/03/2025
WD.1.19 9 Landscape prepared by Blackwood Architecture & Design 14/11/2025
WD.1.22 6 External Colour Comparison prepared by 25/03/2025
Blackwood Architecture & Design
Building 1
WD.1.01 6 B1 – General Arrangement Plans prepared by Blackwood 25/03/2025
Architecture & Design
WD.1.03 6 B1 Roof Plan prepared by Blackwood Architecture & Design 25/03/2025
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WD.1.06 6 B1 Elevations prepared by Blackwood 25/03/2025
Architecture & Design
WD.1.07 6 B1 Sections prepared by Blackwood Architecture & Design 25/03/2025
Building 2
WD.2.01 7 B2 – General Arrangement Plans prepared by Blackwood 25/03/2025
Architecture & Design
WD.2.03 6 B2 Roof Plan prepared by Blackwood Architecture & Design 25/03/2025
WD.2.06 7 B2 - Elevations prepared by 25/03/2025
Blackwood Architecture & Design
WD.2.07 6 B2 – Sections prepared by 25/03/2025
Blackwood Architecture & Design
Building 3
WD.3.01 7 B3 – General Arrangement Plans prepared by Blackwood 25/03/2025
Architecture & Design
WD.3.03 6 B3 – Roof Plan prepared by 25/03/2025
Blackwood Architecture & Design
WD.3.06 6 B3 – Elevations prepared by 25/03/2025
Blackwood Architecture & Design
WD.3.07 6 B3 – Sections prepared by 25/03/2025
Blackwood Architecture & Design
Building 4
WD.4.01 6 B4 – General Arrangement Plans prepared by Blackwood 25/03/2025
Architecture & Design
WD.4.03 6 B4 – Roof Plan prepared by 25/03/2025
Blackwood Architecture & Design
WD.4.06 6 B4 – Elevations prepared by 25/03/2025
Blackwood Architecture & Design
WD.4.07 6 B4 – Sections prepared by 25/03/2025
Blackwood Architecture & Design
Building 5
WD.5.01 6 B5 – General Arrangement Plans prepared by Blackwood 25/03/2025
Architecture & Design
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WD.5.03 6 B5 – Roof Plan prepared by 25/03/2025
Blackwood Architecture & Design
WD.5.06 6 B5 – Elevations prepared by 25/03/2025
Blackwood Architecture & Design
WD.5.07 6 B5 – Sections prepared by 25/03/2025
Blackwood Architecture & Design
Building 6
WD.6.01 7 B6 – General Arrangement Plan prepared by Blackwood 25/03/2025
Architecture & Design
B6 – General Arrangement Plan prepared by Blackwood
WD.6.01 12 Architecture & Design 25/03/2025
WD.6.03 6 B6 – Roof Plan prepared by 25/03/2025
Blackwood Architecture & Design
WD.6.06 7 B6 – Elevations prepared by 25/03/2025
Blackwood Architecture & Design
WD.6.07 6 B6 – Sections prepared by 25/03/2025
Blackwood Architecture & Design
Building 7
WD.7.01 6 B7 – General Arrangement Plan prepared by Blackwood 25/03/2025
Architecture & Design
WD. 7.02 6 B7 – General Arrangement Plan prepared by Blackwood 25/03/2025
Architecture & Design
WD.7.04 6 B7 – Roof Plan prepared by 25/03/2025
Blackwood Architecture & Design
WD.7.09 6 B7 – Elevations prepared by 25/03/2025
Blackwood Architecture & Design
WD.7.10 6 B7 – Sections prepared by 25/03/2025
Blackwood Architecture & Design
WD.10.03 11 Fence Type Plan prepared by Blackwood 14/11/2025
Architecture & Design
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Table 2 - Approved Drawings and Documents - RAL23/0014.02
Plan No. Rev. Plan/Document Name Date
WD.1.21 6 Reconfiguration Plan prepared by Blackwood Architecture 25/03/2025
& Design
Reconfiguration Plan prepared by Blackwood Architecture
WD.1.21 9 & Design 27/11/2025
2.3. Changes to Conditions
In addition to the amendments outlined above, the proposed changes will require alterations to the approved
conditions. The amendments are listed in Table 3 & 4 below:
Table 3 – Conditions - MCU23/0094.02
Proposed Condition(s)
3 Development authorised by this approval must be undertaken generally in accordance with the Approved
Plans listed in the table/s below, unless otherwise amended by a condition.
Please refer to Table 1 – Approved Drawings and Documents - MCU23/0094.02
Table 4 – Conditions - RAL23/0014.02
Proposed Condition(s)
3 Development authorised by this approval must be undertaken generally in accordance with the Approved
Plans listed in the table/s below, unless otherwise amended by a condition.
Please refer to Table 2 – Approved Drawings and Documents - RAL23/0014.02
3. LEGISLATIVE ASSESSMENT
3.1. Minor Change Criteria
The Applicant seeks to amend the Existing Approval to incorporate the proposed changes via a Minor Change,
pursuant to s.78 of the Planning Act 2016.
Table 5 demonstrate that the change application for a Minor Change complies with the relevant provisions of
the Planning Act 2016, Planning Regulation 2017 and the Development Assessment Rules.
Table 5 - Compliance with Definition for a Minor Change
Relevant Provision Assessment
The definition of a minor change to a development approval under Schedule 2, Planning Act 2016, is:
“Minor change means a change that…
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… (b) for a development approval –
(i) would not result in substantially different Complies
development; and An assessment of the substantially different
development requirements under the Development
Assessment Rules (Schedule 1) has been undertaken as
part of this correspondence. Please refer to
Table 6 below for further detail, which concludes
that the amendments do not result in substantially
different development.
(ii) if a development application for the development, including the change, were made when the change
application is made would not cause –
(A) the inclusion of prohibited development in the Not Applicable
application; or The change application does not result in prohibited
development as per the Planning Regulation 2017.
(B) referral to a referral agency, other than to Not Applicable
the chief executive, if there were no referral The change application does not result in a referral
agencies for the development application; or to a referral agency.
(C) referral to extra referral agencies, other Not Applicable
than to the chief executive; or The change application does not result in a referral
to a referral agency.
(D) a referral agency to assess the application Not Applicable
against, or have regard to, matters prescribed by The change application does not result in a referral
regulation under section 55(2), other than matters to a referral agency.
the referral agency must have assessed the
application against, or have had regard to, when
the application was made; or
(E) public notification if public notification was Not Applicable
not required for the development application Public notification was not required for the
original development application.
Table 6 - Compliance with Substantially Different Development Test
In relation to part (b)(i) of the definition of Minor Change under the Planning Act 2016, the
substantially different development requirements under the Development Assessment Rules (Schedule 1)
provide instructive guidance as follows:-
“A change may be considered to result in a substantially different development if the proposed change:
involves a new use; or Complies
The proposal does not include a new land use.
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results in the application applying to a new Not Applicable
parcel of land; or The proposal does not apply to a new land parcel.
dramatically changes the built form in terms of Complies
scale, bulk and appearance; or The proposed change does not result in a built form
which is dramatically different to the current
approval in terms of bulk, appearance and scale. In
fact, there is no change to buildings with the
primary change limited to the reallocation of an
existing landscape area to an exclusive use area
adjacent to unit 601 and the associated construction
of dividing fence.
changes the ability of the proposed development to Not Applicable
operate as intended; or The proposed change does not alter the ability for
the residential units to continue to operate as
originally intended, 38 residential units.
removes a component that is integral to the Not Applicable
operation of the development; or The proposed change being an inclusion of an area
adjacent to unit 601 as its exclusive use area does
not change the ability for the approval to operate
as originally intended. The development retains
functional communal open space areas that will
adequately service future residents. The reduction
of ~53m² of communal open space is not integral,
given the limited function of the area being
removed, the significant private open space areas
available for each unit, and the retention of the
central and primary communal open space area.
significantly impacts on traffic flow and the Complies
transport network, such as increasing traffic to The inclusion of the exclusive use area adjacent to
the site; or unit 601 does not result in an increase or decrease
in traffic to and from the site.
introduces new impacts or increase the severity of Complies
known impacts; or The proposed change does not introduce new impacts
or increase the severity of known impacts. The end
use and treatment of the area remain an occupiable
area of open space.
removes an incentive or offset component that Complies
would have balanced a negative impact of the The proposed change does not remove and offset or a
development; or component of an offset that applied to the original
approval. No offsets applied to the original
approval.
impacts on infrastructure provisions. Complies
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The proposal does not cause any substantive impacts
on the existing infrastructure provisions. As
outlined above, the function of the overland flow
path will be maintained via the no-build zone that
will be reflected in subsequent community management
statements.
3.2. Confirmation of Responsible Entity and Affected Entity
In accordance with s.78A(1)(b) of the Planning Act 2016, the responsible entity for this change application
is Noosa Council.
Under s.80 of the Planning Act 2016, the application does not have an affected entity.
3.3. Matters to be considered by Responsible Entity
In accordance with s.81 of the Planning Act 2016, the responsible entity must consider a range of items in
assessing this change application. Please refer to Table 7 below which provides an assessment of the
proposal’s compliance with each of these considerations.
Table 7 - Assessment against s.81 of the Planning Act 2016
Relevant Provision Assessment
1. In assessing the change application, the responsible entity must consider:
The information the applicant included with the Noted
application; This change application is supported by a change
application cover letter and amended proposal plans.
if the responsible entity is the assessment Not Applicable
manager, any properly made submissions about The development application was not subject to
the development application or another change public notification. Public notification is not
application that was approved; required as a result of the change.
any pre-request response notice or response Not Applicable
notice given in relation to the change The development application does not involve a
application; and referral agency.
if the responsible entity is, under s.8A(3), Not Applicable
the minister, all matters the Minister would or The responsible entity is not the minister.
may assess against or have regard to, if the
change application were a development
application called in by the Minister; and
(da) if paragraph (d) does not apply, all
matters the responsible entity would or may
assess against or have regard to, if the change
application were a development application; and
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another matter that the responsible entity Noted
considers relevant. The proposal continues to maintain compliance with
the assessment benchmarks and the planning scheme in
accordance with the original application.
There are no changes proposed that would conflict
with the development outcome on the site which was
deemed to comply with the relevant statutory
instruments.
On balance, the proposed amendment offers an
improved design solution that will enhance the
amenity of Unit 601 without having a material impact
on the quality or function of communal open space
available to future residents.
2. Subsections (4) and (5) apply if the responsible entity must, in assessing the change application
under subsection (2)(d) or (da), consider:
a statutory instrument; or
another document applied, adopted or incorporated, with or without changes, in a statutory
instrument.
3. The responsible entity must consider the Noted
statutory instrument, or other document, as in The development application was properly made when
effect when the development application for the the Noosa Plan 2020 was in effect. Currently, the
development approval was properly made. Noosa Plan 2020 (Amendment 2) is in effect.
Based on a review of both planning schemes, no
amendments to the applicable assessment benchmarks
have been made since the original development
application was assessed and subsequently approved.
4. However, the responsible entity may give the Noted
weight the responsible entity considers is The development application was properly made when
appropriate, in the circumstances, to – the Noosa Plan 2020 (Amendment 1) was in effect.
the statutory instrument or other document as Currently, the Noosa Plan 2020 (Amendment 2) is in
in effect when the change application was made; effect. Based on a review of both planning schemes,
or no amendments to the applicable assessment
if the statutory instrument or other document benchmarks have been made since the original
is amended or replaced after the change development application was assessed and
application is made but before it is decided, subsequently approved.
the amended or replacement instrument or
document; or
another statutory instrument:
i. that comes into effect after the change
application is made but before it is
decided; and
ii. that the responsible entity would have
been required to consider if the
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instrument had been in effect when the
development application for the
development approval was properly made.
3.4. Infrastructure Charges
In accordance with s.119(6) of the Planning Act 2016, a local government may give an amended infrastructure
charges notice to the applicant in approving a change application.
However, in this instance, the proposed amendments to require recalculation of the infrastructure charges
notice and there is no change to the applicable demand unit.
3.5. Other Requirements for Change Applications
In accordance with s.79 of the Planning Act 2016, this change application for a Minor Change includes the
applicable mandatory information, as follows:-
The application is accompanied by the approved form;
The written consent of the owner of the premises is provided at Attachment 1; and
The applicant will make payment of the required fee ($3,010.00) to Council, upon receipt of a tax invoice
/ fee quote.
On this basis, we request that the responsible entity proceed to assess the Minor Change and issue and
notice of the decision at the earliest opportunity.
4. SUMMARY
This change application is lodged with the responsible entity and identifies the amendments that are sought
to the Existing Approval. As demonstrated above, the amendments are a Minor Change to the Existing Approval
and, therefore, the responsible entity should proceed to make the requested changes and issue an amended
development approval at the earliest opportunity.
Whilst we trust that this information is sufficient for your purposes, should you require any further
information or clarification, please do not hesitate to call the undersigned on 07 3254 1566.
Yours faithfully,
Property Projects Australia Pty Ltd
Jonathan See
Principal Town Planner
Enc. Attachment 1 – Application Documentation and Searches Prepared by Property Projects Australia
Attachment 2 – Existing Approval Issued by Noosa Council
Attachment 3 – Proposal Plans prepared by Blackwood Architecture and Design
Attachment 4 – Amended RAL Plan prepared by Blackwood Architecture and Design
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PPA ATTACHMENT 1 Application Documentation Prepared by: Property Projects Australia 17
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PPA ATTACHMENT 2 Existing Approval Prepared by: Noosa Council 18
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PPA ATTACHMENT 3 Proposal Plans Prepared by: Blackwood Architecture and Design 19
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PPA ATTACHMENT 4 Amended RAL Plan Prepared by: Blackwood Architecture and Design 28