Skip to the record
Beware of cheap imitations.

Council archive · source document

Delegated Report - Code - Planning MCU26 0010 (As Published) · MCU26/0010

of 15

Text shows just the words. Original shows the document exactly as it was published.

Check the original when the exact wording matters.

               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Planning Advisor, FA
                                       C/- Senior Development Planner, Georgina Schramm
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                 MCU26/0010

                    Applicant                       Avalon Projects C/- Adapt Development Management Pty Ltd

                    Proposal                        Material Change of Use - Dwelling house

                    Properly Made Date              17 February 2026

                    Information Request Date        18 March 2026

                    Information Response Date       7 April 2026

                    Decision Due Date               10 July 2026

                    Report Reviewed &               Ben Micallef – 8 July 2026
                    Finalised By


                    PROPERTY DETAILS

                    Property Address                12 Captains Ct Sunrise Beach Qld 4567

                    RP Description                  Lot 25 RP 903822

                    Land Area                       982m²

                    Existing Use of Land            Existing single dwelling


                    STATUTORY DETAILS

                    SEQRP Designation               Urban Footprint

                    Zone                            Low Density Residential

                    Precinct                        Not applicable

                    Local Plan Area                 Coastal Communities

                    Overlays                        N/A

                    Assessment Type                 Code


               1.      PROPOSAL
               The application seeks approval for a Material Change of Use - Dwelling house.



Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

Author Planning Advisor, FA

C/- Senior Development Planner, Georgina Schramm

Development Assessment

 

APPLICATION DETAILS
Application No.

Applicant

Proposal

Properly Made Date
Information Request Date
Information Response Date
Decision Due Date

Report Reviewed &
Finalised By

PROPERTY DETAILS
Property Address

RP Description

Land Area

Existing Use of Land

STATUTORY DETAILS
SEQRP Designation
Zone

Precinct

Local Plan Area
Overlays

Assessment Type

1. PROPOSAL

MCU26/0010

Avalon Projects C/- Adapt Development Management Pty Ltd
Material Change of Use - Dwelling house

17 February 2026

18 March 2026

7 April 2026

10 July 2026

Ben Micallef — 8 July 2026

12 Captains Ct Sunrise Beach Qld 4567
Lot 25 RP 903822
982m?

Existing single dwelling

Urban Footprint

Low Density Residential
Not applicable

Coastal Communities
N/A

Code

The application seeks approval for a Material Change of Use - Dwelling house.

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026
Full text of the other 14 pages

Page 2

               The proposal if for a large dwelling house with two habitable levels, a basement and roof deck. It
               is U shaped structure centred around a new swimming pool at the centre of the site.
               The basement level is a large open area with room for parking six cars, three pairs in tandem, plus
               additional space which is not defined for any use. The basement includes a toilet, stairs and space
               for future lift access. Vehicle access to the basement is via a driveway off Captains Ct and a double
               width garage door (4.8m wide).
               The ground floor is primarily living space with a single guest bedroom; this area opens out to the
               pool courtyard and outdoor living spaces.
               The upper floor includes 3 bedrooms, and street and rear facing balconies. It includes a large void
               above the living area below.
               The roof area includes a roof deck at the northeast corner of house. The roof deck is approximately
               39m2 in area and is accessed by a spiral staircase which extends to the ground floor.
               The total GFA is 479m2.
               The proposed site cover is as follows:
               •      Basement Floor: 24.34%;
               •      Ground Floor: 37.87%;
               •      First Floor: 31.59%;
               •      Birds eye view: 43.26%.
               A dwelling house is accepted subject to requirements within the Low Density Residential Zone;
               however, code assessment has been triggered due to the following:
               a) The proposed dwelling does not achieve acceptable outcome 7.1 of the Low Density
                  Residential zone code as the is three stories.
               b) The proposed dwelling does not achieve acceptable outcome 8.1 of the Low Density
                  Residential zone code as the site cover exceeds the prescribed site cover as follows:

                        Site cover               50% for one of the floor Basement Floor: 24.34%;
                                                 levels
                                                                           Ground Floor: 37.87%;
                                                 30% for each of the other
                                                                           First Floor: 31.59%;
                                                 floor levels ; or
                                                                           Birds eye view: 43.26%.
                                                 40% for all storeys and
                                                 floor levels


               c) The proposed dwelling does not achieve Acceptable Outcome AO16.2 of the Low Density
                  Residential zone code as a rooftop terrace is proposed.




                                                                                                      Page 2 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
The proposal if for a large dwelling house with two habitable levels, a basement and roof deck. It
is U shaped structure centred around a new swimming pool at the centre of the site.

The basement level is a large open area with room for parking six cars, three pairs in tandem, plus
additional space which is not defined for any use. The basement includes a toilet, stairs and space
for future lift access. Vehicle access to the basement is via a driveway off Captains Ct and a double
width garage door (4.8m wide).

The ground floor is primarily living space with a single guest bedroom; this area opens out to the
pool courtyard and outdoor living spaces.

The upper floor includes 3 bedrooms, and street and rear facing balconies. It includes a large void
above the living area below.

The roof area includes a roof deck at the northeast corner of house. The roof deck is approximately
39m? in area and is accessed by a spiral staircase which extends to the ground floor.

The total GFA is 479m?.
The proposed site cover is as follows:

Basement Floor: 24.34%;
Ground Floor: 37.87%;
First Floor: 31.59%;
Birds eye view: 43.26%.

A dwelling house is accepted subject to requirements within the Low Density Residential Zone;
however, code assessment has been triggered due to the following:

a) The proposed dwelling does not achieve acceptable outcome 7.1 of the Low Density
Residential zone code as the is three stories.

b) The proposed dwelling does not achieve acceptable outcome 8.1 of the Low Density
Residential zone code as the site cover exceeds the prescribed site cover as follows:

Site cover 50% for one of the floor Basement Floor: 24.34%;

levels Ground Floor: 37.87%;
30% for each of the other First Floor: 31.59%:

floor levels ; or
i j . 9,
40% for all storeys and Birds eye view: 43.26%.

floor levels

c) The proposed dwelling does not achieve Acceptable Outcome AO16.2 of the Low Density
Residential zone code as a rooftop terrace is proposed.

Page 2 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Page 3

               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




                                                      Figure 2 – Site Plan




                                                                             Page 3 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
The locality and proposal plan are included below.

3 cm einrouse,

     

 

 

 

 

 

 

 

 

 

 

 

 

Figure 2- Site Plan

Page 3 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Page 4

                                        Figure 3 – Basement Plan




                                       Figure 4 – Ground Floor Plan




                                                                      Page 4 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
 

 

 

 

 

 

 

 

 

an &
Ci) | A

Set eheee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 3-— Basement Plan

 

Figure 4 -— Ground Floor Plan

Page 4 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Page 5

                                       Figure 5 – First Floor Plan




                                         Figure 6 – Roof Plan




                                                                     Page 5 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Figure 6 — Roof Plan

Page 5 of 15

Page 6

                                       Figure 7 – West Elevation




                                       Figure 8 – South Elevation




                                       Figure 9 – East Elevation


                                                                    Page 6 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2150___27p4y 27s}. 2460 _, _2sr0_|

 

Figure 7 — West Elevation

2292p. arm gm g

 

Figure 8 — South Elevation

 

 

200

 

 

 

 

 

 

 

 

 

 

 

 

     

 

 

 

 

 

 

 

 

 

 

 

\
1
‘
t
(
Ve

 

 

 

 

 

 

Figure 9 - East Elevation

Page 6 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Page 7

                                                      Figure 10 – North Elevation


               2.     APPLICATION BACKGROUND
               An information request was forwarded to the applicant dated 18 March 2026. This RFI sought
               further information confirming building height as well as supporting information to confirm to what
               extent the roof terrace will be visible from David Low Way.
               In response the applicant provided supporting information demonstrating the dwelling house will
               not be visible from David Low Way as well as amended plans detailing height levels, and lowered
               the terrace height.
               Following further Council liaison with the applicant outlining concerns with respect to building bulk
               and privacy impacts for the northern neighbour, the applicant forwarded revised plans lowering the
               roof deck 300mm which lowers the maximum height of the house including balustrade to 8m.


               3.     SITE DETAILS
               3.1. Site Description
               The site is a residential allotment 982m2 in area within the Low Density Residential Zone. The site
               is currently improved by dwelling house which will be demolished. As viewed from the street the
               lot slopes from left to right (the highest point being along the northern boundary, with a total fall of
               approx. 4 metres.
               3.2. Surrounding Land Uses
               The lot fronts Captains Ct. The rear (eastern side) of the lot fronts environmental parkland in the
               Environmental Management and Conservation zone which is heavily vegetated. Beyond that is the
               David Low Way. Apart from that, adjoining and surrounding land use is made up of dwelling houses
               in the Low Density Residential zone.
               4.     ASSESSMENT
               4.1. 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).
               4.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:

                                                                                                        Page 7 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
sm 2m,

ee

 

Figure 10 — North Elevation

2. APPLICATION BACKGROUND

An information request was forwarded to the applicant dated 18 March 2026. This RFI sought
further information confirming building height as well as supporting information to confirm to what
extent the roof terrace will be visible from David Low Way.

In response the applicant provided supporting information demonstrating the dwelling house will
not be visible from David Low Way as well as amended plans detailing height levels, and lowered
the terrace height.

Following further Council liaison with the applicant outlining concerns with respect to building bulk
and privacy impacts for the northern neighbour, the applicant forwarded revised plans lowering the
roof deck 300mm which lowers the maximum height of the house including balustrade to 8m.

3. SITE DETAILS
3.1. Site Description

The site is a residential allotment 982m? in area within the Low Density Residential Zone. The site
is currently improved by dwelling house which will be demolished. As viewed from the street the
lot slopes from left to right (the highest point being along the northern boundary, with a total fall of
approx. 4 metres.

3.2. Surrounding Land Uses

The lot fronts Captains Ct. The rear (eastern side) of the lot fronts environmental parkland in the
Environmental Management and Conservation zone which is heavily vegetated. Beyond that is the
David Low Way. Apart from that, adjoining and surrounding land use is made up of dwelling houses
in the Low Density Residential zone.

4. ASSESSMENT
4.1. 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:

e State Planning Policy;

° South East Queensland Regional Plan;
e Planning Regulation 2017; and

e Noosa Plan 2020 (25 September 2020).
4.2. Noosa Plan 2020

The following codes from the Noosa Plan 2020 are applicable to this development:
Page 7 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Page 8

               •      Low Density Residential Zone Code;
               •      Coastal Communities Local Plan Code;
               •      Low Density Housing Code;
               •      Works Codes.
               The subject site is located in Sunrise Beach and is zoned Low Density Residential. The proposed
               use is identified as a consistent use within the zone and is required to follow a code assessable
               application process.
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:
                Criteria                   Planning Scheme             Proposal                     Complies


                Building height
                •    storeys               2 storeys max               3 storeys                        X
                •    metres                8 metres                    8.0 metres                       

                Site cover                 50% for one of the floor Birds eye view: 43.26%              X
                                           levels
                                           30% for each of the other
                                           floor levels ; or
                                           40% for all storeys and
                                           floor levels

                Gross floor area           500 m² max                  440.8m2                          

                Boundary setbacks
                Ground Floor Plan / up to 4.5m

                Frontage                   6.0 metres min              6 metres                         
                Side (north)               1.5 metres min              2 metres                         
                Side (south)               1.5 metres min              2 metres                         
                Rear                       3.0 metres min              4.571 metres                     

                First Floor Plan / 4.5m – 7.5m

                Frontage                   6.0 metres min              6 metres                         
                Side (north)               2.0 – 2.5 metres min        2 metres                         
                Side (south)               2.0 – 2.5 metres min        2 metres                         
                Rear                       3.0 - 6.0 metres min        4.571 metres                     

                Landscaping
                Soft landscaping           20% min                     31.64%                           

                Carparking                 2 covered min               6 covered                        




                                                                                                   Page 8 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
Low Density Residential Zone Code;
Coastal Communities Local Plan Code;

Low Density Housing Code;

Works Codes.

The subject site is located in Sunrise Beach and is zoned Low Density Residential. The proposed
use is identified as a consistent use within the zone and is required to follow a code assessable
application process.

The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:

Document Set ID

Criteria

Building height

e storeys
e metres
Site cover

Gross floor area

Boundary setbacks

Planning Scheme

2 storeys max

8 metres

50% for one of the floor
levels

30% for each of the other
floor levels ; or

40% for all storeys and
floor levels

500 m? max

Ground Floor Plan / up to 4.5m

Frontage
Side (north)
Side (south)

Rear

6.0 metres min
1.5 metres min
1.5 metres min

3.0 metres min

First Floor Plan / 4.5m — 7.5m

Frontage
Side (north)
Side (south)

Rear

Landscaping

Soft landscaping

Carparking

: 24750347

Version: 9, Version Date: 08/07/2026

6.0 metres min
2.0 — 2.5 metres min
2.0 — 2.5 metres min

3.0 - 6.0 metres min

20% min

2 covered min

Proposal

3 storeys

8.0 metres

Birds eye view: 43.26%

440.8m2

6 metres
2 metres
2 metres
4.571 metres

6 metres
2 metres
2 metres
4.571 metres

31.64%

6 covered

Complies

x<

SSN

SSN

Page 8 of 15

Page 9

               Building Height
               AO7.1 of the Low Density Residential Zone Code


               a) No. of Storeys
                    Much of the basement area is more than 1m above natural ground level. As a result, part of
                    the house would be considered three stories as defined under the planning scheme. However,
                    the actual area of the house that is three stories is limited due to much of the upper level of the
                    house (where above the non-compliant part of the basement) is either an open deck or a void
                    and therefore does not count as a third storey (refer Figure 4).
                    As presented to the street, due to the recess in the upper floor above the garage (refer Figure
                    11), the house presents primarily as a two storey structure.
                    Also, the existing houses on either side of the proposed dwelling are substantial in size,
                    therefore, it will be similar in scale to these dwellings and consistent with the general
                    streetscape.
                    In summary despite the non-compliance with respect to building height and number of storeys.
                    The proposed dwelling is considered to accord with Performance Outcome 7 of the Low Density
                    Residential Zone Code.




                                                    Figure 11 – Streetscape Render




                                                                                                         Page 9 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
Building Height
AO7.1 of the Low Density Residential Zone Code

a) No. of Storeys

Much of the basement area is more than 1m above natural ground level. As a result, part of
the house would be considered three stories as defined under the planning scheme. However,
the actual area of the house that is three stories is limited due to much of the upper level of the
house (where above the non-compliant part of the basement) is either an open deck or a void
and therefore does not count as a third storey (refer Figure 4).

As presented to the street, due to the recess in the upper floor above the garage (refer Figure
11), the house presents primarily as a two storey structure.

Also, the existing houses on either side of the proposed dwelling are substantial in size,
therefore, it will be similar in scale to these dwellings and consistent with the general
streetscape.

In summary despite the non-compliance with respect to building height and number of storeys.
The proposed dwelling is considered to accord with Performance Outcome 7 of the Low Density
Residential Zone Code.

 

Figure 11 — Streetscape Render

Page 9 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Page 10

               Site Cover
               AO8.1 of the Low Density Residential Zone Code – Site Cover
               This AO prescribes minimum site cover for two storey buildings as:
               •         50% for one of the storeys; and
               •         30% for the other storeys; or
               •         40% for both storeys
               As indicated in the table above, the house was calculated to have 37.87% site cover for the ground
               floor and 31.9% site cover for the upper floor as well as 24.34% for the basement, a birdseye view
               of 43.26%.
               As discussed above, despite the noncompliant basement, the house still presents to the street as
               primarily two storeys. Given, the substantial existing houses on either side it will be similar in scale
               and bulk to these dwellings and consistent with the general streetscape.
               Therefore, the proposed dwelling is considered to accord with Performance Outcome PO8 of the
               Low Density Residential Zone Code.


               Roof Terrace
               AO 16.2 of the Low Density Residential Zone Code – Site Cover
               The AO prescribes no roof terrace.
               As discussed above with respect to building height, the proposed roof terrace will have no
               streetscape impact nor present excessive bulk to the neighbour to the north, largely due to the
               terraces location towards the north-eastern corner of the site and the slope of the land, falling
               southwards.
               The proposed roof deck includes 1.75m screening on the northern side which should manage
               privacy issues and overlooking potential to the neighbour to the north.
               Therefore, the proposed roof terrace is considered to accord with Performance Outcome 16 of the
               Low Density Residential Zone Code.


               5.        CONSULTATION
               5.1. Referral Agencies
               The applicant was referred to the following Referral Agencies:
               •     State Assessment and Referral Agency (SARA)
               10.4.3.1.1 – Contaminated land (unexploded ordnance) (Planning Regulation 2017)
               The SARA Responded in a letter dated 9 March 2026 with the following condition:

                   No.        Conditions                                             Condition timing
                   10.4.3.1.1 – Contaminated land (unexploded ordnance) —The chief executive administering the
                   Planning Act 2016 nominates the Director-General of the Department of State Development,
                   Infrastructure and Planning to be the enforcement authority for the development to which this
                   development approval relates for the administration and enforcement of any matter relating to
                   the following condition:
                              Provide certification to the Department of State
                   1.                                                                Prior to the commencement of
                              Development, Infrastructure and Planning at
                              [email protected] by an                  works.
                              approved contractor on the Australian
                              Government, Department of Defence,
                                                                                                       Page 10 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
Site Cover
AO8.1 of the Low Density Residential Zone Code — Site Cover

This AO prescribes minimum site cover for two storey buildings as:

 

. 50% for one of the storeys; and
. 30% for the other storeys; or
. 40% for both storeys

As indicated in the table above, the house was calculated to have 37.87% site cover for the ground
floor and 31.9% site cover for the upper floor as well as 24.34% for the basement, a birdseye view
of 43.26%.

As discussed above, despite the noncompliant basement, the house still presents to the street as
primarily two storeys. Given, the substantial existing houses on either side it will be similar in scale
and bulk to these dwellings and consistent with the general streetscape.

Therefore, the proposed dwelling is considered to accord with Performance Outcome PO8 of the
Low Density Residential Zone Code.

Roof Terrace
AO 16.2 of the Low Density Residential Zone Code — Site Cover
The AO prescribes no roof terrace.

As discussed above with respect to building height, the proposed roof terrace will have no
streetscape impact nor present excessive bulk to the neighbour to the north, largely due to the
terraces location towards the north-eastern corner of the site and the slope of the land, falling
southwards.

The proposed roof deck includes 1.75m screening on the northern side which should manage
privacy issues and overlooking potential to the neighbour to the north.

Therefore, the proposed roof terrace is considered to accord with Performance Outcome 16 of the
Low Density Residential Zone Code.

5. CONSULTATION
5.1. Referral Agencies
The applicant was referred to the following Referral Agencies:

e State Assessment and Referral Agency (SARA)
10.4.3.1.1 — Contaminated land (unexploded ordnance) (Planning Regulation 2017)

The SARA Responded in a letter dated 9 March 2026 with the following condition:

 

No. Conditions Condition timing

 

 

 

10.4.3.1.1 — Contaminated land (unexploded ordnance) —The chief executive administering the
Planning Act 2016 nominates the Director-General of the Department of State Development,
Infrastructure and Planning to be the enforcement authority for the development to which this
development approval relates for the administration and enforcement of any matter relating to
the following condition:

 

Provide certification to the Department of State :

1. : Prior to the commencement of
Development, Infrastructure and Planning at
[email protected] by an works.

approved contractor on the Australian
Government, Department of Defence,

 

 

 

 

 

Page 10 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Page 11

                              Unexploded Ordnance (UXO) Panel that the;

                              (a) subject site has been remediated and
                              cleared of unexploded ordnances; or
                              (b) proposed use can be suitably managed on
                              the site
               5.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •       Development Engineer, Development Assessment – as conditioned.
                       No engineering material has been provided, this assessment is based on the development
                       type applied for in the provided DA Form 1: MCU application for a dwelling house with
                       basement.
                       Earthworks
                       The excavation for the dwelling house is considered building works.
                       Access
                       The site is currently occupied by an existing dwelling house and driveway. The applicant is
                       proposing the driveway and crossover generally in the same location/alignment as existing,
                       although limited detailed has been provided. Existing stormwater pits are present on the
                       frontage in proximity to the crossover. A standard vehicle crossover (1m clear of stormwater
                       pits and property boundaries) may not be achievable. It is recommended the works are
                       administered through an Operational Works – Driveway Crossover.


               6.      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 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No MCU26/0010 for a Material Change of Use - Dwelling house situated
               at 12 Captains Ct Sunrise Beach Qld 4567 and described as Lot 25 RP 903822, it is recommended
               the application be approved in accordance with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:              MCU26/0010

                   Street address:              12 Captains Ct Sunrise Beach Qld 4567

                   Real property description:   Lot 25 RP 903822

                   Planning Scheme:             Noosa Plan 2020 (Amendment 2 - 26 September 2025)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for a Material Change of Use - Dwelling house (building height, site
                       cover, rooftop terrace)
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
                                                                                                    Page 11 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
 

Unexploded Ordnance (UXO) Panel that the;

(a) subject site has been remediated and
cleared of unexploded ordnances; or

(b) proposed use can be suitably managed on
the site

 

 

 

 

 

5.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
e Development Engineer, Development Assessment — as conditioned.

No engineering material has been provided, this assessment is based on the development
type applied for in the provided DA Form 1: MCU application for a dwelling house with
basement.

Earthworks
The excavation for the dwelling house is considered building works.
Access

The site is currently occupied by an existing dwelling house and driveway. The applicant is
proposing the driveway and crossover generally in the same location/alignment as existing,
although limited detailed has been provided. Existing stormwater pits are present on the
frontage in proximity to the crossover. A standard vehicle crossover (1m clear of stormwater
pits and property boundaries) may not be achievable. It is recommended the works are
administered through an Operational Works — Driveway Crossover.

6. 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 63(5) of the Planning Act 2016.
RECOMMENDATION

With regard to Application No MCU26/0010 for a Material Change of Use - Dwelling house situated
at 12 Captains Ct Sunrise Beach Qld 4567 and described as Lot 25 RP 903822, it is recommended
the application be approved in accordance with the following details for the Decision Notice:

1. APPLICATION DETAILS

Application No: MCU26/0010

Street address: 12 Captains Ct Sunrise Beach Qld 4567

Real property description: Lot 25 RP 903822

Planning Scheme: Noosa Plan 2020 (Amendment 2 - 26 September 2025)
2. DECISION DETAILS

Council decided to issue the following type of approval:

e Development Permit for a Material Change of Use - Dwelling house (building height, site
cover, rooftop terrace)

3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
Page 11 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Page 12

               4.     ASSESSMENT MANAGER CONDITIONS

               PLANNING
                      When Conditions must be Complied With
               1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                      the use commencing, and then compliance maintained at all times while the use continues.
                      Currency Period
               2.     This development approval lapses if the use has not happened by 10 July 2032, unless an
                      application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.
                      The following plans require amendment:

                         Plan No/ Job No    Rev.    Plan/Document Name                             Date

                         20.148             J       Site Plan prepared by Avalon Projects          22.05.2026
                                                    Annotated by Council

                         20.148             J       Basement Floor Plan prepared by Avalon 22.05.2026
                                                    Projects

                         20.148             J       Ground Floor Plan prepared by Avalon 22.05.2026
                                                    Projects

                         20.148             J       First Floor Plan prepared by Avalon 22.05.2026
                                                    Projects
                                                    Annotated by Council

                         20.148             J       Roof Plan prepared by Avalon Projects          22.05.2026
                                                    Annotated by Council

                         20.148             J       Elevation 1 prepared by Avalon Projects        22.05.2026
                                                    Annotated by Council

                         20.148             J       Elevation 2 prepared by Avalon Projects        22.05.2026
                                                    Annotated by Council

                         20.148             J       Elevation 3 prepared by Avalon Projects        22.05.2026
                                                    Annotated by Council

                         20.148             J       Elevation 4 prepared by Avalon Projects        22.05.2026
                                                    Annotated by Council

                         20.148             J       Elevation 1 Street View prepared by Avalon 22.05.2026
                                                    Projects

                         20.148             J       Section A prepared by Avalon Projects          22.05.2026
                                                    Annotated by Council


                                                                                                     Page 12 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
4. ASSESSMENT MANAGER CONDITIONS

PLANNING

When Conditions must be Complied With

1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.

Currency Period

2. | This development approval lapses if the use has not happened by 10 July 2032, unless an
application to extend the currency period is approved by Council.

Approved Plans

3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.

The following plans require amendment:

Plan No/ Job No

20.148

20.148

20.148

20.148

20.148

20.148

20.148

20.148

20.148

20.148

20.148

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Rev.

J

Plan/Document Name

Site Plan prepared by Avalon Projects
Annotated by Council

Basement Floor Plan prepared by Avalon
Projects

Ground Floor Plan prepared by Avalon
Projects

First Floor Plan prepared by Avalon
Projects

Annotated by Council

Roof Plan prepared by Avalon Projects

Annotated by Council

Elevation 1 prepared by Avalon Projects

Annotated by Council

Elevation 2 prepared by Avalon Projects

Annotated by Council

Elevation 3 prepared by Avalon Projects

Annotated by Council

Elevation 4 prepared by Avalon Projects

Annotated by Council

Elevation 1 Street View prepared by Avalon
Projects

Section A prepared by Avalon Projects

Annotated by Council

Date

22.05.2026

22.05.2026

22.05.2026

22.05.2026

22.05.2026

22.05.2026

22.05.2026

22.05.2026

22.05.2026

22.05.2026

22.05.2026

Page 12 of 15

Page 13

                           20.148            J       Section A3 prepared by Avalon Projects        22.05.2026

                           20.148            J       Section B prepared by Avalon Projects         22.05.2026

                           20.148            J       Section B3 prepared by Avalon Projects        22.05.2026

                      Rooftop Terrace
               4.     The northern elevation of the rooftop terrace is to be screened by opaque glazing to a
                      minimum height of 1.7 metres above finished floor level, for the purposes of eliminating
                      overlooking opportunities.
                      Site Access and Driveways
               5.     A sealed access driveway must be provided from Captains Court to all parking and
                      manoeuvring areas of the development. The works must be undertaken in accordance with
                      an Operational Works approval, and must include in particular:
                      a.      a driveway crossover in accordance with Council standard drawings RS-049 and RS-
                              050.
                      Stormwater Drainage
               6.     Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property.
                      Easements
               7.     Unless otherwise agreed in writing by the relevant service provider, any public or third party
                      infrastructure located on the subject site must be placed within an easement registered
                      against the title of the property.
               8.     All easements must be designed in accordance with the planning scheme and granted at no
                      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
                      documentation must be in accordance with the Grantee’s standard easement terms. Draft
                      easement documentation must be submitted to Council for endorsement.
               9.     All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Earthworks and Retaining Walls
               10.    All earthworks and associated retaining structures/batters, both above and below ground,
                      both temporary and permanent, must be contained entirely within the subject site unless
                      written permission form the respective landowner(s) is provided to Council. All earthworks
                      must be undertaken in accordance with the provisions of Australian Standard AS3798:
                      Guidelines on Earthworks for Commercial and Residential Developments.
               11.    Where the development involves excavation or filling over, or adjacent to, drainage, water
                      supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
                      provide a freeboard of 100mm above the finished ground surface level.
               12.    All retaining walls must be designed and constructed in accordance with the planning scheme
                      and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
                      are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
                      safety fence.
                      Damage to Services and Assets
               13.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      where otherwise, upon completion of the works associated with the development.
                                                                                                     Page 13 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
10.

11.

12.

13.

20.148 J Section A3 prepared by Avalon Projects 22.05.2026
20.148 J Section B prepared by Avalon Projects 22.05.2026
20.148 J Section B3 prepared by Avalon Projects 22.05.2026

Rooftop Terrace

The northern elevation of the rooftop terrace is to be screened by opaque glazing to a
minimum height of 1.7 metres above finished floor level, for the purposes of eliminating
overlooking opportunities.

Site Access and Driveways

A sealed access driveway must be provided from Captains Court to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval, and must include in particular:

a. a driveway crossover in accordance with Council standard drawings RS-049 and RS-
050.

Stormwater Drainage

Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.

Easements

Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.

All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.

All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.

Earthworks and Retaining Walls

All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be contained entirely within the subject site unless
written permission form the respective landowner(s) is provided to Council. All earthworks
must be undertaken in accordance with the provisions of Australian Standard AS3798:
Guidelines on Earthworks for Commercial and Residential Developments.

Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.

All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.

Damage to Services and Assets

Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:

a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or

b. — where otherwise, upon completion of the works associated with the development.

Page 13 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Page 14

                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Concurrence            SARA at DILGP SARA Referral Trigger                      Response
                                       at DILGP Via MyDAS2
                                       at     https://prod2.dev-
                                       assess.qld.gov.au/suite
                                       /    (for     assistance,
                                       contact DILGP at 5352
                                       9701                   or
                                       email:[email protected]

                Referral Agency        State Assessment           10.4.3.1.1 –                  The agency provided its
                                       Referral Agency            Contaminated land             response on 9 March
                                                                  (unexploded ordnance)         2026 (Reference No.
                                                                                                ref:24590836). A copy
                                                                                                of the response is
                                                                                                attached

               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               PLANNING
                      Aboriginal Cultural Heritage Act 2003
               1.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
                      approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
                      The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
                      carries out an activity must take all reasonable and practicable measures to ensure the
                      activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
                      duty of care. Substantial monetary penalties may apply to individuals or corporations
                      breaching this duty of care. Injunctions may also be issued by the Land and Resources
                      Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
                      that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
                      of Aboriginal cultural heritage.
                      You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
                      Equitable Access and Facilities
               2.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.

                                                                                                           Page 14 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
5.

Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.

REFERENCE DOCUMENTS

Not applicable.

6.

REFERRAL AGENCIES

The referral agencies applicable to this application are:

Concurrence SARA at DILGP SARA Referral Trigger Response

7.

at DILGP Via MyDAS2
at https://prod2.dev-
assess.qlid.gov.au/suite
/ (for assistance,
contact DILGP at 5352
9701 or
email: [email protected]

Referral Agency State Assessment 10.4.3.1.1 - The agency provided its

Referral Agency Contaminated land response on 9 March
(unexploded ordnance) 2026 (Reference No.
ref:24590836). A copy
of the response is
attached

ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part

of the assessment manager conditions:

PLANNING

Aboriginal Cultural Heritage Act 2003

There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).

The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.

You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities

The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:

a. _ the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and

Cc. the Disability (Access to Premises — Buildings) Standards.

Page 14 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Page 15

                      Infrastructure Charges
               3.     All developments and/or changes to existing developments may require payment of
                      “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
                      made pursuant to the planning legislation and regulations current at the time of issue. For
                      further       information,     please        refer to https://www.noosa.qld.gov.au/planning-
                      development/development-tools-guidelines/infrastructure-charges
                      Building and Construction Industry (Portable Long Service Leave) Levy
               4.     The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Preparation of a Preliminary Construction Management Plan
               5.     A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a.      Traffic management during all phases of construction;
                      b.      Adequate parking arrangements for works and deliveries;
                      c.      appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                              Devices (MUTCD); and
                      d.      provision for safe vehicle and pedestrian access across the frontage of the site both
                              during daily construction and after daily construction has ceased.
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required               Subject of the required Development Permit

                Development Permit for Operational Works          Vehicle crossover

                Development Permit for Building Works             All building work.

               11.    SUBMISSIONS

               Not applicable.
               12.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               13.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.




                                                                                                      Page 15 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026


[OCR of page images]
Infrastructure Charges

3. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qid.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges

 

Building and Construction Industry (Portable Long Service Leave) Levy

4. | The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.

Preparation of a Preliminary Construction Management Plan

5. — Apreliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:

a. Traffic management during all phases of construction;
b. | Adequate parking arrangements for works and deliveries;

Cc. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and

d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.

8. PROPERTY NOTES

Not applicable.

9. VARIATION APPROVAL DETAILS

Not applicable.

10. FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit Required Subject of the required Development Permit

Development Permit for Operational Works _ Vehicle crossover
Development Permit for Building Works All building work.

11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.

During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.

13. OTHER DETAILS

If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.

Page 15 of 15

Document Set ID: 24750347
Version: 9, Version Date: 08/07/2026

Used in these records

About this file

File size
6.2 MB (large file)
File type
PDF

No other editions are linked here.

Original file

Log in to download the original file

Delegated Report - Code - Planning MCU26 0010 (As Published).pdf · 6.2 MB (large file)

The download may take up to a minute.

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.