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planning report 11.04.25 (v2) lot 22 David Low Way Sunshine Beach AGAIN · MCU25/0060
Development Application
Planning Report
Development Permit for Material Change of Use
for a Dwelling House
situated at 22/512 David Low Way, Castaways Beach
Noosa Dunes - Lot 22 SP111721
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Contents
1.0 Summary ......................................................................................................................... 3
1.1 Development application details ............................................................................................. 3
1.2 Planning instrument details ..................................................................................................... 3
2.0 Site details ....................................................................................................................... 4
2.1 Site description ....................................................................................................................... 4
2.2 Surrounding land uses ............................................................................................................. 5
3.0 Proposed development details ......................................................................................... 6
4.0 Planning assessment ........................................................................................................ 7
4.1 Coastal Protection ................................................................................................................. 10
4.2 Stormwater, Earthworks and Geotechnical Reporting ............................................................ 11
5.0 State assessment and other matters .............................................................................. 11
5.1 State interests ....................................................................................................................... 11
5.1.1 Matters established in the Planning Regulation ............................................................................ 11
5.1.2 State Planning Policy ...................................................................................................................... 11
6.0 Conclusion ..................................................................................................................... 12
Client Name: J & K Collum
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO RPIA
Version: 2
Date: 10/04/2025
This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Material Change of Use – Dwelling House
Site address: 22/512 David Low Way, Castaways Beach
Real property description: Lot 22 on SP111721
Site area: 647m2
Owner details: K Collum
Applicant details: K Collum c/ Pivotal Perspective pty ltd
1.2 Planning instrument details
State planning policy: Nil
Regional plan: SEQ Regional Plan 2023
Designation: Urban Footprint
Planning scheme: The Noosa Plan 2020
Zone: Low Density Residential zone
Level of assessment: Code
Applicable overlays: Coastal Protection and Scenic Amenity Overlay.
Landslide Hazards Overlay (Moderate Hazard Area)
Biodiversity Overlay (Environmental Protection)
Applicable codes: Coastal Protection and Scenic Amenity Overlay Code
Biodiversity Overlay Code
Low Density Residential Zone Code (applicable codes)
Low Density Housing Code (applicable codes)
Referrals: Concurrence - UXO
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Page 4
2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Vacant
Frontage and access 23m to internal private road
Topography and views The site falls downhill towards the seaward boundary. The site has
expansive views south across the beach.
Vegetation Some scattered low coastal vegetation exists onsite.
Easements Nil
Figure 1 - Site identification (Source: Nearmap)
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2.2 Surrounding land uses
Existing dwelling houses surround the site within the Noosa Dunes estate, with the National Park
adjoining to the east.
Figure 2 Aerial View (Source: Nearmap)
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3.0 Proposed development details
The proposed 4-bedroom dwelling house will gain access from the internal road, with the building
orientated to the east overlooking the beach. Materials include a mix of off form concrete, vertical
and horizontal timber, glazing and natural stone cladding. A copy of the proposed plans is included
in the application.
The proposed dwelling house is subject to code assessment in accordance with Table 5.9.4 of the
Noosa Plan 2020 as the site is affected by the Coastal Protection and Scenic Amenity Overlay.
Figure 3 Proposal Plan and Render
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4.0 Planning assessment
The subject site is located within the Low-Density Residential zone and includes a Plan of
Development, which is applicable to the underlying subdivision approval.
Figure 4 Plan of Development
The Plan of Development was originally approved in 1998 and there have been numerous changes
to the definitions referred to within the original POD, including site cover, landscaped area, gross
floor area and storey. A copy of the definitions included within the various iterations of the planning
scheme are included below.
Definition 1990 2006 2020
Site Cover
Landscaped
Area
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Page 8
Gross Floor
Area
Storey
As part of the Council’s assessment, the application must consider the original POD and the current
Noosa Plan provisions for the Low Density Residential zone. An assessment against the Plan of
Development should have regard to all definitions above, with the most weight being given to the
1990 definitions as they were in force at the time the POD was established. While the Noosa Plan
2020 assessment considers the current scheme provisions and definitions.
The application has been found to comply with the applicable key technical parameters. The
pertinent issues arising out of the assessment are discussed below:
Criteria Plan of Development (POD) Noosa Plan (2020) Complies
648m2 (314m2 envelope)
Site
Building height Required Required
2 storeys/3 levels 2 storeys
• Storeys
8 metres 8 metres
• Metres * Maximum roof level as shown on POD whichever is the
lesser height (RL44)
Proposed
Proposed
2 storeys
2 storeys/3 levels
<8 metres
<8 metres RL37.3 (top of roof)
Site cover Required = 40% (259m2) Required
* Site Cover considered as ‘birds eye view’ not including 50% (323m2) and 30%
areas of building >1.2m below ground line.
(194m2) or 40% all levels
Proposed = 39.8% (258.2m2)
(259m2)
Proposed
L1 = 20% (132m2)
L2 = 9.2% (60m2)
L3 = 35% (227m2)
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Dwelling Unit floor Required = 350 m² (including garage) + Max 500m2
area 40m2 for managers residence Proposed = 325m2
* Not explicitly defined as Proposed = 349m2 + 36m2 (managers unit) * Definition does not include stairs on
Gross Floor Area all levels, garage and areas of
basement (<1m below ground level).
* Calculation does not include any areas of basement (>1m
below ground level) as per other development calculations
within the POD.
** The definition refers to counting all storeys. Any part of
the building >1.2m below ground line should not be
considered a storey.
setbacks Required Required
Frontage 5.5-10m front 6m to public road
Side 2m 1m (QDC for Community Title)
Side 2m 1m (QDC for Community Title)
Rear 6m 3m to 6m
Proposal Proposal
5.6-9.6m front 5.6-9.6m front
Side 2m Side 2m
Side 2m Side 2m
6m 6m
Vegetation Required Required
Natural vegetation outside of building 20% (130m2) soft
envelops to remain untouched. landscaping
Proposed Proposed
No hard structures outside of the building 42% (276m2)
envelope proposed (except for driveway
and walkway entrance to private road)
Although this development complies with all of the relevant provisions of both the POD and The
Noosa Plan, it is recognised there have been previous approvals for developments not in accordance
with the POD, including:
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4.1 Coastal Protection
An assessment against the relevant provisions is provided below.
Table 3: Assessment against key development parameters of the Coastal Protection and
Scenic Amenity Overlay Code within The Noosa Plan 2020:
8.2.4 Coastal Protection and Scenic Amenity Overlay Code
Provision Code Provision Proposal Comply
PO1 - PO1 The site is located outside of the Erosion Y
Development Development allows for natural fluctuations of Prone Areas.
in Coastal the coast and foreshores to occur, including
Erosion
allowance of climate change.
Areas
Editor's note—Coastal erosion areas are
identified on Council's online mapping for the
years 2040, 2070 and 2100.
PO2 - PO2 The proposal will not affect the foreshore Y
Protection of Development is located, designed and dune. The proposal is outside the site-
dunes and constructed to: specific erosion prone area which
coastal
minimises and mitigates the risk to the
creeks
(a) maintain dune crest heights and development. The applicant could provide
minimise and mitigate the risk to a 5m wide landscaped garden along the
development from wave overtopping seaward boundary if required.
and storm tide inundation; and
(b) maintain or enhance coastal
ecosystems and natural features such
as coastal creeks and marine plants
including mangroves, salt marshes
and coastal wetlands, to assist in
protecting and buffering communities
and infrastructure from sea-level rise
and coastal inundation impacts.
PO3 – Coastal PO3 Not Applicable NA
Building Where a coastal building line exists on a lot, all
Lines buildings, structures and retaining walls do not
extend seaward of the coastal building line for
the site, other than—
(a) uncovered and unenclosed
cantilevered balconies that do not
extend greater than 3 metres seaward
of the coastal building line; and
(b) are setback a minimum of 6 metres
from the seaward boundary
(see Figure 8.2.4.4).
PO4 PO4 Buildings are setback 6m from rear Y
Where a coastal building line does not exist on boundary.
a lot fronting the beachfront or a reserve
adjoining the beachfront, new buildings and
structures are setback no less than 6 metres
from the seaward boundary of the site.
PO5 – Visual AO5
and Scenic A mix of native landscaping, such as ground A condition can be imposed Y
Amenity covers, shrubs and trees, is provided for a width
of 5 metres from the seaward or rear boundary
of the site to provide adequate landscape
buffering to protect the coastal dune system.
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PO6 – Visual AO6.1
and Scenic Rear fences adjacent to the beachfront within A condition can be imposed Y
Amenity the Coastal Protection Area incorporate the
following—
(a) height of no more than 1.2 metres; and
(b) open construction (ie at least 50%
transparent);
(c) lightweight materials (eg. timber); and
(d) dark colours to blend with the natural
landscape.
(e)
AO6.2
Gates are not installed in fences as direct
access to the beachfront does not occur.
AO6.3
Only beach access points for use by the
community are constructed.
4.2 Stormwater, Earthworks and Geotechnical Reporting
Engineering plans are currently under development by an RPEQ for appropriate stormwater
management and a site classification report for construction and operational phases. A condition can
be included to ensure development is undertaken in accordance with both reports.
5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is located outside of the Erosion Prone Area mapping and no further assessment is
required.
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6.0 Conclusion
This application seeks a Development Permit Material Change of Use – Dwelling House situated at
22/512 David Low Way, Castaways Beach. The proposed development is code assessable and
meets the relevant Acceptable and Performance Outcomes.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
the development; and
(b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
application only if compliance cannot be achieved by imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development complies with all Acceptable and Performance Outcomes of
the applicable codes. The Assessment Manager’s favourable consideration of the above
development application is therefore recommended.
Page 12 of 12
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