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Minor Change Report 132003 220763 2 (As Published) · 132003.220763.2
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Tiani Bird
Development Assessment
APPLICATION DETAILS
Application No. 132003.220763.2
Development Approval Development Approval for Material Change of Use - Dwelling
in Sand Dune problem area
Applicant Kerrie Maree McCartney
Request Received On 25 June 2025
Report Reviewed By Nadine Gorton 09.09.2025
Decision Due Date 23 July 2025
PROPERTY DETAILS
Property Address ‘Noosa Dunes’
2/512 David Low Way Castaways Beach
RP Description Lot 2 SP 111721
Land Area 657m2
Existing Use of Land Dwelling House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Area Plan Not applicable
Overlays Acid Sulfate Soils
Bushfire (Potential Buffer)
Coastal Protection
Assessment Type Minor Change to Development Approval
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1. PROPOSAL
The applicant seeks approval to make a change to an existing Development Approval for a Material
Change of Use - Dwelling in Sand Dune problem area.
The subject site is currently improved by an existing dwelling house, has a total land area of
657.02m2 and is subject to the Marcus Dunes Plan of Development. The proposal seeks to change
the approval in the following ways:
• Amend the list of approved plans
• Establish a pool that intrudes into the rear boundary setback
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
2. BACKGROUND
A development approval for a Dwelling on Lot 2 was approved 20 May 2003 under the 1990
Planning Scheme version. The existing dwelling is located in the Noosa Dunes (formerly Marcus
Dunes) Group Title Development which is within the Coastal Protection area. The Noosa Dunes
estate is subject to the provisions of Plan of Development POD65 – Marcus Dunes Estate, which
includes mapped ‘Building/yard envelopes’ and ‘Natural vegetation in lots to remain untouched’ on
the approved plan (refer to Figure 3). Dwelling houses must be constructed in accordance with the
development parameters. The Body Corporate has provided approval for the works to proceed,
subject to Council approval and confirm it complies with the Plan of Development.
A minor change was approved on 12 March 2024 for alterations and additions to the dwelling
house which included approved plans that detailed a portion of the pool and deck intruding into the
rear 5 metre setback.
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Figure 3: Plan of Development POD65 – Marcus Dunes Estate
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;
• 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 1990 Planning Scheme. Pursuant to
s81 of the Planning Act 2017, Council must consider the planning scheme in effect when the
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original development application was lodged, however Council may give weight to Noosa 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:
• Coastal Protection Overlay Code;
• Low Density Housing Code;
• Low Density Residential Zone Code;
• Works Codes.
Existing Condition 1
Land Use
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below, unless otherwise amended by these conditions.
Plan Rev. Plan/Document Name Date
No.
01 C Site plan – Proposed, prepared by plans2go 27/11/2023
02 C Garage & Beds 2/3 Floor – Proposed, prepared by plans2go 27/11/2023
03 C Living Floor & Bed 1 – Proposed, prepared by plans2go 27/11/2023
04 C Roof plan – Proposed, prepared by plans2go 27/11/2023
05 C North East & North West Elevation – Proposed, prepared 27/11/2023
by plans2go
06 C South West & South East Elevation – Proposed, prepared 27/11/2023
by plans2go
07 C Section Rear & Front, prepared by plans2go 27/11/2023
08 C Section 2, prepared by plans2go 27/11/2023
09 C Section 3, prepared by plans2go 27/11/2023
10 C Section 4, prepared by plans2go 27/11/2023
Applicant’s Request
The applicant has requested the list of approved plans is amended within existing condition 1
include a swimming pool intruding into the rear boundary setback. The applicant has provided a
site plan in support of the application.
Assessment of Request
The Plan of Development (Group Housing) sets development parameters for assessment. The
table below provides an assessment of the proposal against these development parameters.
Plan of Development requirements Assessment of Compliance
Buildings shall be constructed in the envelopes The proposal complies with the setbacks
as shown on the POD. required by the POD, with the building
Setbacks
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• 4 m to east boundary (frontage) located entirely within the building
• 2 m to south and northern boundaries envelope.
• 5 m to the east boundary (rear)
Maximum Building Height
• 2 storeys
• 8m or:
• maximum roof level as shown on POD
whichever is the lesser height Not Applicable
Maximum Building levels The dwelling complies with the
maximum building levels.
• 3 levels
Site Coverage
• maximum of 40%
Maximum dwelling unit floor area 350m² The proposal plans indicate a gross floor
(including garage space) and one manager’s area of 377m² which includes the garage
office of 40m². and a manager’s office which is 40m2.
Vegetation – all to remain outside building Existing conditions are still relevant
envelopes
The submitted plans demonstrate the swimming pool is generally located within the existing
approved building envelope and consistent with the previous approval over the site. Although the
development proposes a 4.4m setback in lieu of the 6m included within the Low Density Residential
Zone Code, the original approval approved a minor intrusion for the pool. The swimming pool will
not impact neighbouring properties amenity, present an appearance of bulk or conflict with the
existing character established within the Marcus Dunes estate.
Recommendation
It is recommended existing condition 1 be amended to read as follows:
Land Use
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below, unless otherwise amended by these conditions.
Plan Rev. Plan/Document Name Date
No.
01 C Site plan – Proposed, prepared by plans2go 27/11/2023
02 C Garage & Beds 2/3 Floor – Proposed, prepared by plans2go 27/11/2023
03 C Living Floor & Bed 1 – Proposed, prepared by plans2go 27/11/2023
04 C Roof plan – Proposed, prepared by plans2go 27/11/2023
05 C North East & North West Elevation – Proposed, prepared 27/11/2023
by plans2go
06 C South West & South East Elevation – Proposed, prepared 27/11/2023
by plans2go
07 C Section Rear & Front, prepared by plans2go 27/11/2023
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08 C Section 2, prepared by plans2go 27/11/2023
09 C Section 3, prepared by plans2go 27/11/2023
10 C Section 4, prepared by plans2go 27/11/2023
01 - Floor Plan – Proposed Pool, prepared by plans2go 26/08/2025
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
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 application is therefore recommended for approval.
The report is provided in accordance with Section 83(9) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132003.220763.1, to make a minor change to an existing approval
for Material Change of Use - Dwelling in Sand Dune problem area situated at Noosa Dunes 2/512
David Low Way Castaways Beach described as Lot 2 SP111721, Council on 28 August 2025
decided to:
A. Approve the change.
B. Amend condition 1 to read as follows:
Land Use
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below, unless otherwise amended by these conditions.
Plan Rev. Plan/Document Name Date
No.
01 C Site plan – Proposed, prepared by plans2go 27/11/2023
02 C Garage & Beds 2/3 Floor – Proposed, prepared by plans2go 27/11/2023
03 C Living Floor & Bed 1 – Proposed, prepared by plans2go 27/11/2023
04 C Roof plan – Proposed, prepared by plans2go 27/11/2023
05 C North East & North West Elevation – Proposed, prepared 27/11/2023
by plans2go
06 C South West & South East Elevation – Proposed, prepared 27/11/2023
by plans2go
07 C Section Rear & Front, prepared by plans2go 27/11/2023
08 C Section 2, prepared by plans2go 27/11/2023
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09 C Section 3, prepared by plans2go 27/11/2023
10 C Section 4, prepared by plans2go 27/11/2023
01 - Floor Plan – Proposed Pool, prepared by plans2go 26/08/2025
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Document Set ID: 23888136
Version: 5, Version Date: 09/09/2025
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