Skip to the record
The gold standard in government transparency.

Council archive · source document

Delegated Report - Code - Planning MCU25 0060 (As Published) · MCU25/0060

of 16

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

Very large file (13.5 MB): the original may take a few minutes to open or download. The page text below is quick to read.

               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
Full text of the other 15 pages

Page 2

               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


                                                                                                     Page 2 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 3

                                       Figure 3 – Lower Ground Floor Plan




                                          Figure 4 – Ground Floor Plan



                                                                            Page 3 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 4

                                       Figure 5 – First Floor Plan




                                         Figure 6 – Roof Plan



                                                                     Page 4 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 5

                                               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.


                                                                                                  Page 5 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 6

               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




                                                                                                              Page 6 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 7

                                        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
                                                                                                     Page 7 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 8

               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




                                                                                                     Page 8 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 9

                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.




                                                                                                     Page 9 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 10

                                                 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;

                                                                                                    Page 10 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 11

                    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;


                                                                                                       Page 11 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 12

                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.




                                                                                                      Page 12 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 13

               Figure 13: Floor Area Calculations undertaken in accordance with POD and Definitions of the 1990 Schedule




                                                                                                          Page 13 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 14

               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.




                                                                                                   Page 14 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 15

               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:




                                                                                                    Page 15 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Page 16

                      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.




                                                                                                    Page 16 of 16

Document Set ID: 23850879
Version: 8, Version Date: 08/12/2025

Used in these records

About this file

File size
13.5 MB (very large file)
File type
PDF

No other editions are linked here.

Original file

Log in to download the original file

Delegated Report - Code - Planning MCU25 0060 (As Published).pdf · 13.5 MB (very large file)

The download may take a few minutes. On mobile data, it is best to wait for Wi-Fi.

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”.