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Minor Change Report MCU22 0172 03 · OPW22/0243.03
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Patrick Murphy
Manager - Development Assessment
APPLICATION DETAILS
Application No. MCU22/0172.03
Development Approval Development Permit for Material Change of Use - Dual
occupancy
Development Permit for Reconfiguring a Lot – Community Title
Subdivision (2 lots)
Development Permit for Operational Works – Access, Civil
Works, Landscaping, Stormwater
Applicant MOLTI SCIM Noosa P/L TTE
C/- Pivotal Perspectives Pty Ltd
Request Received On 28 April 2025
Report Reviewed By Nadine Gorton 23.05.2025
Decision Due Date 27.05.2025
PROPERTY DETAILS
Property Address 22 Grant St Noosa Heads Qld 4567
RP Description Lot 90 RP 92518
Land Area 594m²
Existing Use of Land Approved development completed
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Area Plan Noosa Heads
Overlays Landslide Hazard - Moderate
Assessment Type Minor Change to Development Approval
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1. PROPOSAL
The applicant seeks approval for minor changes to the MCU and OPW approvals, specifically
involving:
• Stormwater tanks being re-sited.
• Changes to landscaping.
• Inlet pit to the street being reduced in size.
A copy of the approved and proposed plans is detailed below:
Figure 1 – Approved stormwater layout plan
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Figure 2 – Proposed stormwater layout plan
Figure 3 – Approved Landscape plan
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Figure 4 – Proposed Landscape plan
2. BACKGROUND
A development approval (refs: MCU22/0172, OPW22/0243 & RAL22/0024) for the below
development components was issued on 25 January 2023.
The original development permit included the following:
• Development Permit for Material Change of Use - Dual occupancy
• Development Permit for Reconfiguring a Lot – Community Title Subdivision (2 lots)
• Development Permit for Operational Works – Access, Civil Works, Landscaping, Stormwater
A subsequent minor change approval was issued to the original development permit on 5 June
2023 to include a lift in each unit in addition to amending conditions 2 and 7 of the original permit.
On 14 June 2024 a Generally in Accordance request was approved for changes to the materials
and finish of the terrace balcony (located in Unit 2).
ASSESSMENT
2.1. 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).
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2.2. 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 as the proposal does
not:
o involve a new use; or
o result in the application applying to a new parcel of land; or
o dramatically change the built form in terms of scale, bulk and appearance; or
o change the ability of the proposed development to operate as intended; or
o remove a component that is integral to the operation of the development; or
o significantly impact on traffic flow and the transport network, such as increasing traffic
to the site; or
o introduce new impacts or increase the severity of known impacts; or
o remove an incentive or offset component that would have balanced a negative impact
of the development; or
o impact on infrastructure provisions.
• 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.
2.3. Statutory Instruments – Planning Scheme
The original application was lodged and assessed under the now Noosa Plan 2020. Pursuant to
s81 of the Planning Act 2017, Council must consider the planning scheme in effect when the
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.
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The following codes from the Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Noosa Heads Local Plan Code;
• Dual Occupancy & Multiple Dwellings Use Code;
• Works Codes;
• Landslide Hazard Overlay Code.
The Noosa Plan 2020 (v. 25 September 2020) remains in effect at the time assessment of the
immediate application. The development remains consistent with the original development
approval.
The proposed changes to the location of the water tanks, landscaping and stormwater inlet are
supported as:
• A site inspection has confirmed the minor and inconsequential impacts of the proposed
changes.
• Whilst the area in which the water tanks are located was required for landscaping the
area adjacent and parallel area has been provided with landscaping that will assist in
screening the development when viewed from the adjoining property to the south.
• The re-sized stormwater inlet has been reviewed by Council’s Senior Development
Engineer who is satisfied that the area that the inlet is suitably sized for the volume of
stormwater that it will receive.
Accordingly, it is recommended that Condition 34 be updated to include the amended plans.
3. CONSULTATION
3.1. Referral Agencies
Not applicable
3.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer, Development Assessment
• Senior Environment Officer, Development Assessment
4. 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 applications MCU22/0172.03, OPW22/0243.03 and RAL22/0024.03 to make a
minor change to an existing approval for Development Permit for Material Change of Use - Dual
occupancy, Development Permit for Reconfiguring a Lot – Community Title Subdivision (2 lots),
and Development Permit for Operational Works – Access, Civil Works, Landscaping, Stormwater
situated at 22 Grant St Noosa Heads Qld 4567 and described as Lot 90 RP 92518, Council on 23
May 2025 decided to:
A. Approve the change.
B. Amend condition 34 to read as follows:
34. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
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Plan No. Rev. Plan/Document Name Date
20220218 – 010 01 Layout Plan 6 December
2022
Prepared by RECOR
20220218 – 020 01 Bulk Earthworks Layout Plan 6 December
2022
Prepared by RECOR
20220218 – 021 01 Earthworks Longitudinal Sections 6 December
2022
Prepared by RECOR
20220218 – 040 B Stormwater Layout Plan 26.04.25
Prepared by RECOR
20220218 – 045 01 Stormwater Catchment Layout Plans 6 December
2022
Prepared by RECOR
20220218 – 062 02 Driveway Long Section 6 December
2022
Prepared by RECOR
ED22295 OPW-2 D Planting Plan - Front, prepared by 04.11.2022
Element Design Landscape
(sheet 2 of 5)
Architecture
ED22295 OPW-3 D Planting Plan – Rear, prepared by 04.11.2022
Element Design Landscape
(Sheet 3 of 5)
Architecture
ED22295 OPW-4 D Details Plan, prepared by Element 04.11.2022
Design Landscape Architecture
(Sheet 4 of 5)
ED22295 OPW-5 D Plant List and Specification, prepared 04.11.2022
by Element Design Landscape
(Sheet 5 of 5)
Architecture
D22-056_A02-20_01 01 LOWER/MID GARDEN PLAN, 22.04.25
prepared by ARCHEND
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Document Set ID: 23756085
Version: 6, Version Date: 23/05/2025
Used in these records
Minor Change Report MCU22 0172 03.pdfRelated documentApplication case desk ↗
Minor Change Report MCU22 0172 03.pdfRelated documentApplication case desk ↗
Minor Change Report MCU22 0172 03.pdfRelated documentApplication case desk ↗
Minor Change Report MCU22 0172 03.pdfRelated documentApplication case desk ↗
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