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Minor Change Report 132004 4552 02 (As Published) · 132004.4552.02
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Manager - Development Assessment, Patrick Murphy
Development Assessment
APPLICATION DETAILS
Application No. 132004.4552.02
Development Approval Development Permit for Material Change of Use – Duplex
Dwelling
Applicant Pace Planning Pty Ltd
Request Received On 11 May 2026
Decision Due Date 8 June 2026
PROPERTY DETAILS
Property Address The Dukes At Sun
1/27 Duke St Sunshine Beach Qld 4567
RP Description Lot 1 SP 175486
Land Area 611m2 (Subject Site)
209m2 (Unit 1)
Existing Use of Land Duplex Dwelling (Dual Occupancy)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Area Plan Coastal Communities
Overlays Landslide Hazard – High Hazard
Assessment Type Minor Change to Development Approval
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Document Set ID: 24826529
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1. PROPOSAL
The applicant seeks approval to change to an existing Development Permit for Material Change
of Use – Duplex Dwelling.
Material provided with application includes:
This change application is made to resolve the related Appeal (Pace Planning Pty Ltd v Noosa
Shire Council - Planning & Environment Court Appeal No D114 of 2025).
The proposed changes are set out in Table 3, below. The amended plans which are proposed
to be referred to in Condition 1, include the following elements as agreed with Council:
• Gross Floor Area (GFA) increase of 20.57m2 to Bedroom 2 (13.85m2) and Walk in
Robe (6.72m2);
• the front façade of the proposed extension to Bedroom 2 incorporates vertical windows
and decorative batons;
• balustrading to the terrace extension in the style of existing balustrading;
• labelling of the pool pump space on the ground floor plan as "Utilities" and a condition
proposed to clarify that, that space is not to be used in a way which would contribute to
an increase of GFA.
The increase in GFA now proposed is 20.57m2 (Bedroom 2, 13.85m2 + WIR 6.72m2), which
results in a plot ratio of 0.45, and is compliant with the applicable planning scheme in force at
the time of the approval.
The extensions are modest, and are achieved within the existing footprint, such that there is
no increase in site cover, and without requiring any concession on boundary setbacks, height
or other requirements relevant to the bulk, scale and appearance of the dwelling. Council’s
concerns about the appearance of the changes to the front of the building have been
addressed by revised balustrading and articulation through fenestration and decorative
screening.
Specifically, the applicant is seeking:
• Amendment to conditions 1 (list of plans)
• Delete condition 5 or re-word
• Additional condition 46 – to ensure utilities room is not converted to a habitable space
The above changes increase the gross floor area (GFA) of Unit 1 from 127.584 to 148.154m² and
increases total site GFA to 275.738m² as outlined below.
Existing GFA Proposed GFA
Unit 1 (subject to this change 127.584m² 148.154m²
application)
Unit 2 127.584m² 127.584m² (no change)
Total GFA 255.168m² 275.738m²
Plot Ratio (whole site) 0.412:1 0.45:1
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The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Existing and Proposed Site Plan
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Page 4 of 11 Document Set ID: 24826529 Version: 3, Version Date: 01/06/2026 [OCR of page images] NSC Approved Basement Floor Plan 16/12/2004 =! a Proposed Basement Floor Plan Z Common Property 1: 200 NSC Approved Ground Floor Plan (not to scale) 16/12/2004 3NW}+— —— YY ' i i BSE = Proposed Ground Floor Plan - Page 4 of 11 Document Set ID: 24826529 Version: 3, Version Date: 01/06/2026
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Figure 3 – Existing and Proposed Floor Plans
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[OCR of page images]
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Q@) Proposed Front Elevation Proposed Rear Elevation
1: 100 1: 100
NSC Approved Side Elevation
(not to scale) 16/12/2004 _? ° i iP
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Proposed extensions:
Proposed Side Elevation Wak, Bed, 8 Terrace
@ 1:200
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Figure 4 – Elevations
2. BACKGROUND
16 December 2004 - Development Permit for Material Change of Use for a Duplex Dwelling
(Council application reference 2004/4552). Application assessed under 1990 Planning scheme.
21 March 2025 - Minor change application to a development permit for Material Change of Use
for a Duplex Dwelling.
18 June 2025 - Applicant advised that Council still had significant concerns regarding the plot
ratio exceedance and was invited to provide further justification / amendments to the proposal to
more appropriately comply with planning scheme plot ratio performance outcome benchmarks.
A response was received with concern for the assessment timeframes requesting Council attend
an onsite meeting to enable discussion of the application with the owner being present.
No additional material or amendments were provided.
On September 11, 2025, Council officers under delegation refused an application for a Minor
Change to an existing development approval for Material Change of Use (Duplex Dwelling) for 27
Duke Street, Sunshine Beach.
A Notice of Appeal was filed on 16 October 2025.
At the request of the Appellant, the parties attended an early mediation chaired by the ADR
Registrar on 4 December 2025 in Maroochydore.
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The Appellant proposed some changes to the design of the extended areas (removing the
ground floor extension to the street frontage) but the proposal was not acceptable to Council
officers given the duplex as constructed already exceeds plot ratio requirements under the 1985
scheme and the current scheme.
Following the mediation, the parties exchanged without prejudice correspondence regarding a
potential settlement. The Appellant proposed alternate design changes that would result in a plot
ratio of 0.45:1, by removing the proposed enclosure of the deck area in the middle of the unit.
The Appellant also proposed other adjustments to design treatments and landscaping to address
Council’s concerns about the appearance of the extended areas at the front of the property.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020 (20 March 2026).
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in substantially different development
• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral
agency or cause a referral agency to have regard to new matters prescribed by
regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The original application was lodged and assessed under the now superseded 1990 Planning
Scheme. 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.
The following codes from Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Coastal Communities Local Plan Code;
• Landslide Hazard Overlay Code.
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
At the time of the original approval the subject site was zoned Residential Low Density and was
not within any precinct under the Shire of Noosa Strategic Plan (5 September 1997).
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Under Noosa Plan 2020, the site is zoned Medium Density Residential.
A Dual Occupancy use is a consistent use on this site under both planning schemes.
The following table details the proposal’s compliance with the 1990 and current planning schemes.
Criteria 1990 Planning 2020 Planning Proposal Comply Comply
Scheme Scheme
1990 2020
Site Area 500m² - 612m² N/A
Population density 6.6 persons max N/A 6.6 persons N/A
GFA/Plot ratio 275m² max 245m2 (0.4:1) 275.7m² X
(45%)
(0.45:1)
Site cover 244.4m2 (40%) 244.4m2 (40%) 343m² (56%) X X
max max
(existing / (existing /
no no
change) change)
Landscaped open space 264m² min (244m2) min No change
40% of site
(147m2) min
Soft landscaping NA
60% of total
Building height
• storeys 2 storeys max - 2 storeys
• metres 8m 8m 7.9m
Boundary setbacks
• Frontage 6m min 6m min 8.3m
• Side Compliance with 1.5/2/2.5m min 1.5m No N/A
Building Act change
(northwest – to unit 2) (No change)
1975 – 1988
X
• Side 1.5/2/2.5m min 1.5/1.5/1.5m X
Compliance with
(southeast) Building Act
1975 – 1988
• Rear
6m min
6m min 6m
(no change)
Length of wall 15m max 15m max 13.2 metres
Carparking 2 covered min 2 covered min 4 covered
1 uncovered min 1 uncovered min
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The current proposal differs from the previously refused application as the gross floor area now
complies with the allowable floor area at the time of the original approval. The current application
has provided for a more robust calculation of the areas that contribute to gross floor area noting a
condition is proposed by the applicant to prevent the utilities area from being converted to a
habitable space which the current floor to ceiling height prevents. It is considered reasonable to
accept the gross floor area permitted at the time of the original approval.
The amended plans result in a minor variation to the allowable setback to the south-eastern
boundary in that a small area of the addition is above 4.5 metres in height and is setback 1.5
metres from the property boundary in lieu of the 2.0 metre requirement.
Side Setback
Acceptable Outcome AO12.1 of the Medium Density Residential Zone Code states:
AO12.1 Buildings and structures meet the following minimum boundary setbacks:
a. for frontages — 6 metres
b. for side boundaries—
i. 1.5 metres setback up to 4.5 metres height;
ii. 2 metres setback between 4.5 metres and 7.5 metres height; and
iii. 2.5 metres where above 7.5 metres height
c. for the rear boundary - 6 metres
The applicant is proposing a 1.5m side setback for parts of the southern (side) façade which has
a façade elevation of 6.27m and as such does not comply with AO12.1 of the Medium Density
Residential Zone Code. The proposal is therefore required to comply with corresponding
Performance Outcome PO12 of the Medium Density Residential Zone Code, which states:
PO12 Buildings and structures are designed and sited to:
d. provide a high level of amenity to users of the subject site and adjoining premises,
including provision of visual and acoustic privacy;
e. not unreasonably obstruct views or cause overlooking of private open space or
habitable areas of adjoining premises;
f. provide adequate distance from adjoining land uses;
g. preserve existing vegetation that will help buffer development;
h. allow for space and landscaping to be provided between buildings including
adequate area at ground level for landscaping with trees, shrubs, outdoor living and
utilities;
i. be consistent with the predominant character of the surrounding area; and
j. protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
Assessment:
The proposed side setback relaxation retains an acceptable level of amenity to users of the subject
site and adjoining premises, including provision of visual and acoustic privacy as all areas of the
façade in this setback are solid walled with no openings or windows.
The proposed development demonstrates compliance with PO12 of the Medium Density
Residential Zone code due to the above justification.
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Request for amendment to Condition 1
The request to amend condition 1 is supported since the amended plans are accepted.
Request for deletion of Condition 5
The deletion of Condition 5 is supported noting the presence of pool fencing contributes to limiting
koala access, the extent of development which has occurred in the locality since the time of the
condition being applied, and the condition not being applied to surrounding properties.
Request for addition of Condition 46
The addition of a new condition to ensure the utilities room is not converted to a habitable space
is supported.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 83(9) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132004.4552.02 to make a minor change to an existing approval for
Material Change of Use – Duplex Dwelling situated at The Dukes At Sun 1/27 Duke St Sunshine
Beach Qld 4567 and described as Lot 1 SP 175486, Council on 1 June 2026 decided to:
A. Approve the change.
B. Amend condition 1 to read as follows:
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered DD-01 D, DD-
02 C, DD-03 D, DD-04 D, DD-05 C, DD-06 D, DD-07 B, DD-08 D, DD-09 D, DD-10 A
and DD-11 D prepared by Tangram Architects and dated 23.11.04 and as may be
amended by these conditions.
For Lot 1, the development undertaken in accordance with this approval must generally
comply with the approved plans of development. The approved plans are numbered
01-12 and N3, Project number 27 Duke St 2024, Rev. 8 dated 08/04/2026, prepared
by JMF Design.
C. Delete condition 5.
D. Include the following additional conditions:
46. For Lot 1, the area labelled ‘utilities’ on the approved ground floor plan must not be
converted for use as habitable floor space or in a way that would result in the area
contributing to Gross Floor Area (GFA) under the applicable planning scheme.
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