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Delegated Report - Code - Planning MCU25 0060 (As Published) · MCU25/0060
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DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No. MCU25/0060
Applicant Kylie Marie Collum
Justin Collum C/- Pivotal Perspectives Pty Ltd
Proposal Material Change of Use - Dwelling house
Properly Made Date 6 June 2025
Information Request Date 30 June 2025
Information Response Date 5 September 2025
Decision Due Date 8 December 2025 (extended by agreement)
Report Reviewed & Patrick Murphy
Finalised By
8 December 2025
PROPERTY DETAILS
Property Address Noosa Dunes 22/512 David Low Way Castaways Beach Qld
4567
RP Description Lot 22 SP 111721
Land Area 648m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Plan Area Not applicable
Overlays Coastal Protection and Scenic Amenity
Assessment Type Code
Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025
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1. PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house on land at 22/512
David Low Way Peregian Beach.
The application seeks approval for a multi storey dwelling, consisting of 4-bedrooms, large living
and dining areas and rooftop terrace.
The application is located within the Coastal Protection and Scenic Amenity Overlay (no build line).
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Lower Ground Floor Plan
Figure 4 – Ground Floor Plan
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Figure 5 – First Floor Plan
Figure 6 – Roof Plan
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Figure 7 – Internal Road Street View
Figure 8 – Rear view of the building
2. APPLICATION BACKGROUND
Numerous parties contacted Council to clarify whether body corporate consent was required for
the application to be considered properly made. In accordance with the Planning Act 2016, section
51, body corporate consent is not required in conjunction with this development application type,
whether landholders have an obligation to seek consent from body corporate prior to lodging an
application is a civil matter for investigation by the applicant/landholder.
3. SITE DETAILS
3.1. Site History
The subject site was granted a rezoning approval 1997, approved by the Planning and
Environment Court (P&E Appeal No. 2501 of 1997 – Document ID 9972620).The approval involved
the rezoning from Special Facilities (Multiple Dwellings, Accommodation Buildings, Group Housing
Developments and Dwelling Houses in accordance with Plan 77961) Zone and Special Facilities
(Beach Protection Purposes) Zone and including it in the Special Facilities (Group Housing
Development in accordance with Plan of Development 1016/1d) Zone.
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The Plan of Development provisions of Noosa Dunes (formerly Marcus Dunes) estate included a
building envelope and prescribed development parameters, refer to Figures 9 and 10 below.
Figure 9 - Plan of Development POD 65 – Marcus / Noosa Dunes Estate
Figure 10 - Plan of Development POD 65 – Marcus / Noosa Dunes Estate
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Figure 11 - Plan of Development POD 65 – Subject Site
3.2. Site Description
The site at 22/512 David Low Way, Castaways Beach, is a 648 m² vacant residential lot located
within the Noosa Dunes gated community.
The land is positioned on an elevated section of the estate.
The site is gently sloping, adjacent to natural dune systems, and subject to a bushfire overlay.
3.3. Surrounding Land Uses
Surrounding land uses consist of large dwelling houses, generally compliant with the established
plan of development on the site.
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;
• Noosa Plan 2020 (25 September 2020); and
• Plan of Development 65
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Low Density Housing Use Code;
• Works Codes;
• Coastal Protection and Scenic Amenity Overlay Code
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The subject site is located in Castaways Beach 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 pertinent issues arising out of the assessment are discussed below:
Criteria POD 1990 scheme Noosa Plan 2020 2020 scheme definitions
definitions
Building 2 storeys 2 storeys 2 storeys 3 storeys / no more than
height 2 storeys in the one
3 levels 3 levels
plane
• storeys
• metres
8 metres or RL44 8 metres
Less than 8 metres
maximum roof
level as shown
on POD
whichever is the
lesser height
(RL44)
Site cover 40% ~46% 40/40 LL - 41.8%
50/30 GL - 36.7%
UL - 21.5%
OR
~46% birds eye view
Gross floor 350 m² ~603.2m2 (incl. 500m2 492m2
area (including garage) and
garage) + 40m2 rooftop
for managers terrace.
residence
Boundary Compliance with Complies 6 metres 5.1 metres
setbacks building envelope
on POD 1.5/2/0/2.5 2 metres
• Frontage 5.1-9.4 front 1.5/2/0/2.5 2 metres
• Side Side 2m 6 metres 6 metres
• Side Side 2m
• Rear 6m
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Vegetation Natural No 20% soft Generally complies –
vegetation infrastructure landscaping & can be conditioned.
outside of outside of rear 5 metres to
building envelope be vegetated
envelops to
remain
untouched.
Site Cover – POD
The Plan of Development prescribed a maximum site coverage of 40% from birds eye view.
The Plan of Development talks to a maximum site coverage of 40% from birds eye view. In reading
the administrative terms of site cover, storeys and storeys in building height contained within the
1990 Planning Scheme the development does not meet the prescribed site coverage, as shown
below.
Site Cover The proportion, expressed as a percentage, which the area covered by buildings
bears to the area of the site, where the area covered by buildings is measured to include the
area contained within the projection of the outer limits of the buildings onto a horizontal plane,
provided that such measurement shall exclude any area which:
a. Does not constitute a storey for the purposes of the definition building height in storeys; and
b. Is covered by landscaping structures including swimming pools, roof overhangs and sunhoods
and is not covered by any other part of the building.
Storey That space within a building which is situated between one floor level and the floor level
next above, or if there is no floor above, the ceiling or roof above and includes a space which is
designed, constructed or adapted for the accommodation of bathrooms, shower rooms,
laundries, water closets or other sanitary compartments or for the accommodation of vehicles.
Any such space which exceeds a vertical dimension of 5.0 metres comprises more than 1 storey.
Building height in storeys The number of storeys in a building measured vertically at any
point, provided that where a floor level is situated 1.2 metres or more below both the natural
ground level on the appointed day and the finished ground level it shall not count as a
storey. Notwithstanding the foregoing, parking accommodation is to be regarded as a storey,
even if it is 1.2 metres or more below the natural ground level on the appointed day and the
finished ground level unless access to such parking accommodation is limited to one driveway
only. A rooftop terrace constructed in accordance with the provisions of Section 5.4.1.8 shall
not be regarded as a storey.
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Figure 12 – Birdseye View POD Calc
While the lower level is partially backfilled, as it does not meet the building height in storeys
definition, as the level is not 1.2 metres or more below both the natural ground level on the
appointed day and the finished ground level it shall not count as a storey, the entirety of the lower
level is nominated as contributing to site cover from a birds eye view perspective. This is generally
consistent with the current scheme version site cover interpretation (aside from the requirement of
the lower level to be set 1.2 metre below natural ground level, whereas the current refers to 1 metre
and exclusively used for parking and manoeuvring).
Site Cover – Noosa Plan 2020
It is noted weight can be given to the provisions and administrative terms with the planning scheme
in effect at the time of lodgement, being the Noosa Plan 2020 (25 September 2020).
The development does not meet Acceptable Outcome AO8.1 of the Low Density Residential Code.
AO8.1 Site cover of all buildings and structures on site does not exceed:
a)for a single storey building – 50%;
b)for a building of 2 storeys –
i. 50% for one of the storeys; and
ii. 30% for the other storey; or
c) 40% for both storeys. Editor's note—refer to Figure AP39
The applicant seeks approval for the following site coverage:
• Lower level – 41.8%
• Middle level – 40%
• Upper level – 19.8%
And, achieves a total site coverage of 46% from bird’s eye view.
Therefore, the application is to be assessed against the corresponding Performance Outcome.
PO8 Development:
a) is of a scale compatible with surrounding development and
the particular circumstances of the site;
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b) has a low site impact to maximise the opportunity to retain
site characteristics, such as native vegetation and natural landforms;
c) allows the opportunity to provide soft landscaping between buildings;
d) does not present an appearance of bulk to adjacent
properties, roads or other areas in the vicinity of the site
Consequence of the lower level not designed as a basement the entirety of the lower level is
nominated as a storey and subsequently contributes to site cover. The applicant has taken the
position that the element of the lower level that exceeds 30% could be redesigned as an under
croft and would have the same visual impact to adjoining properties and the surrounding area. The
applicant has advised they are not agreeable to amending the proposal in this regard.
While the applicant’s position is acknowledged, the proposed scale of the dwelling well exceeds
the anticipated scale of development within the estate. While the lower level will be partially
concealed the building footprint at that level is likely to impact the opportunity to retain landscaping
along the side boundaries of the allotment.
The proposed development is disproportionate in scale compared to the established pattern of
surrounding development. Its overall massing and built form present a sense of visual bulk, which
is inconsistent with the prevailing character of adjacent properties.
And for these reasons Council seeks to issue a preliminary approval subject to reduction of the
dwelling footprint to uphold the current scheme provisions.
Floor Area - POD
The Plan of Development details a maximum floor area of 350m2 (including garage space) and
one Manager’s Office 40m2, a total of 390m2.
The applicant has detailed that the lower level “family room/rumpus” will also function as an office
space.
Council’s Floor Area Calculations in accordance with the relevant definitions at the time of the issue
of the POD are detailed in the below figures.
• The development does not achieve the “building height in storeys” definition therefore the
entire lower level is captured as floor area.
• The upper-level roof terrace is not constructed in accordance with the provision contained
in Section 5.4.1.8 and therefore is captured as contributing to gross floor area. The area of
noncompliance relates to section 5.4.1.8 (c), which requires the terrace to set in 6 metres
from the building’s footprint.
Gross Floor Area Definition – 1990 Schedule
The sum of the floor areas (inclusive of all walls, columns and balconies whether roofed or not)
of all storeys of a building or buildings that constitute storeys for the purposes of the
definition building height in storeys, provided that the term does not include:
a. The area (inclusive of all walls and columns) at any topmost storey of lift motor rooms or air
conditioning or other mechanical or electrical plant and equipment rooms;
b. –
b.1 The area of that part of any private balcony, which is within 2.5 metres of external walls
of the building adjacent to such balcony; and
b.2 Unenclosed areas, over which the building cantilevers, of 2.5 metres width or less;
provided that the combined total of b.1 and b.2 does not exceed 15% of the gross floor
area of the building;
c. The areas (inclusive of all walls and columns) of all space used or intended for use for the
parking of motor vehicles, where such areas are located at or below existing natural ground
level;
d. Lift spaces;
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e. Stairways located between the first storey and the second storey;
f. Accessible open decks; and
g. Rooftop terrace areas constructed in accordance with the provisions of Section 5.4.1.8.
Section 5.4.18
5.4.1.8 Any rooftop terrace area is constructed in accordance with the following provisions:
a. Not more than one rooftop structure comprising an accessway and storeroom is provided
serving at least 4 dwelling units or accommodation units, provided that any dwelling unit may
include an unenclosed, unroofed, external stair access to the rooftop, where such access is
associated with a balcony;
b. The area of any rooftop structure comprising an accessway and storeroom does not exceed
9m² under roof;
c. Any rooftop structure is to be integrated with the roofline of the building to the satisfaction of
the Manager of Planning, provided that where any rooftop structure is not integrated with the
roofline of the proposed building, such structure shall be setback a distance of at least 6 metres
from the external facades of the building;
d. The height of any structure at rooftop level measured from the top of the floor of the roof slab
shall not exceed:
• 2.7 metres for any structure referred to in Sections 5.4.1.8a, 5.4.1.8b and 5.4.1.8f; and
• 1.5 metres for any other structure;
e. Any balustrades, upstands, fencing, screening, partitioning or the like is to be constructed of
open or transparent materials and shall be setback a distance of at least 1 metre from the edge
of the rooftop to the satisfaction of the Manager of Planning; and
f. Any pergola or any similar structure shall be integrated with the roofline of the building or the
rooftop structure and such pergolas or open shade structures shall be designed so as not to
cover more than 10% of the applicable rooftop terrace area.
Building height in storeys
The number of storeys in a building measured vertically at any point, provided that where a floor
level is situated 1.2 metres or more below both the natural ground level on the appointed
day and the finished ground level it shall not count as a storey. Notwithstanding the
foregoing, parking accommodation is to be regarded as a storey, even if it is 1.2 metres or more
below the natural ground level on the appointed day and the finished ground level unless access
to such parking accommodation is limited to one driveway only. A rooftop terrace constructed in
accordance with the provisions of Section 5.4.1.8 shall not be regarded as a storey.
The proposed development significantly exceeds the parameters established under the approved
Plan of Development (POD) for Noosa Dunes. The POD was determined in conjunction with a
Court Judgment and represents the guiding framework for permissible development within this
precinct. Council is obligated to uphold the integrity of this approved plan and, accordingly, will not
support any proposal that seeks to exceed the prescribed floor area or otherwise contravene the
established development parameters.
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Figure 13: Floor Area Calculations undertaken in accordance with POD and Definitions of the 1990 Schedule
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Rooftop Terrace - POD
The Plan of Development refers to a maximum of 3 levels, 2 storeys, this avails the opportunity for
a terrace to form part of the built form a dwelling. Based off aerial imagery there are several
examples within the Estate.
Figure 14: Examples of Rooftop Terrace
Rooftop Terrace – Noosa Plan 2020
AO16.2 Development does not include rooftop terraces.
The upper level of the development includes a rooftop terrace and therefore is to be assessed
against the corresponding Performance Outcome to determine the suitability of the terrace within
context of the site.
PO16 Roof designs:
a. contribute positively to the character of the streetscape;
b. incorporate eaves and roof overhangs;
c. avoid boxy elevations on the front facade of the building;
d. do not present an appearance of excessive bulk to the street or neighbouring properties;
e. do not create opportunities for residents or building users to overlook the private open
space or view into habitable windows or doors of neighbouring properties.
The terrace has been designed to incorporate both fixed and soft landscaping treatments to
appropriately screen adjoining residences and complement the built form. On inspection of the site,
greater understanding of the crossfall and built form of adjoining premises, the terrace is well
embedded into the built form of the dwelling and upholds the privacy of adjoining residences.
However, as previously noted in relation to the development’s total floor area, the terrace
contributes to the building’s perceived massing. There is scope to reduce its extent along the
remainder of the building to achieve a more balanced appearance and lessen the sense of visual
bulk.
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5. CONSULTATION
5.1. Referral Agencies
Not Applicable
• State Assessment Referral Agency
The Department is a referral agency as the subject site is located within an area with potential for
unexploded ordinances, and therefore the application required referral to SARA for assessment
against the State Development Assessment Provisions.
The Department has responded advising that the application can meet the performance outcomes
of State Code 13, subject to a condition of approval to ensure the development is managed in a
manner that protects human safety and the environment.
5.2. Internal Council Referrals
Not applicable
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 MCU25/0060 for a Material Change of Use - Dwelling house situated
at Noosa Dunes 22/512 David Low Way Castaways Beach Qld 4567 and described as Lot 22 SP
111721, it is recommended the application be issued a Preliminary Approval in accordance with
the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU25/0060
Street address: Noosa Dunes 22/512 David Low Way Castaways Beach Qld 4567
Real property description: Lot 22 SP 111721
Planning Scheme: Noosa Plan 2020 (25 September 2020)
Plan of Development No.65
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Preliminary Approval for Material Change of Use – Dwelling House
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions Must Be Complied With
1. Amended plans and associated reports must be submitted to Council prior to any further
development applications being made and must include the following to the reasonable
satisfaction of the Manager, Development Assessment:
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1.1. Reduction of the development’s total gross floor area of the Dwelling House to achieve
a floor area of 390m2 (inclusive of the garage) in accordance with the administrative
terms of gross floor area of the 1990 Schedule to the Planning Scheme.
1.2. Reduction of the development’s total site coverage to not exceed 40% (259.2m2) in
accordance with the administrative terms of site cover under both the 1990 Schedule
to the Planning Scheme and Noosa Plan 2020.
Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and lodged with Council by 8 December 2031, unless an application to extend
the currency period is approved by Council.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Referral agency State Assessment Schedule 10, Part 4, The agency provided its
Referral Agency Division 3, Table 1, Item response on 16 July
Level 4, Foundation 1 (Planning Regulation 2025. (Reference No.
Place 3 South Sea 2017) 2506-46614 SRA). A
Islander Way, copy of the response is
Maroochydore PO Box attached.
1129, Maroochydore
QLD 4558
6. 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.
7. 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.
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