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Minor Change Report 132003 220763 2 (As Published) · 132003.220763.2

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               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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Document Set ID: 23888136
Version: 5, Version Date: 09/09/2025
Full text of the other 7 pages

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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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Document Set ID: 23888136
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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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Document Set ID: 23888136
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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

                                                                                                     Page 5 of 8

Document Set ID: 23888136
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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

                                                                                                     Page 7 of 8

Document Set ID: 23888136
Version: 5, Version Date: 09/09/2025

Page 8

                        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




                                                                                            Page 8 of 8

Document Set ID: 23888136
Version: 5, Version Date: 09/09/2025

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