Council archive · source document
Minor Change Report 132007.2399.03 (AS PUBLISHED)
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author
Development Assessment
APPLICATION DETAILS
Application No. 132007.2399.03
Development Approval Development Permit for Material Change of Use - 27 Dwelling
Houses
Development Permit for Reconfiguring a Lot – 27 lots
Applicant Tanya Christine Smyth
Request Received On 11 March 2026
Report Reviewed By Andrew Gaffney – 11 May 2026
Decision Due Date
PROPERTY DETAILS
Property Address The Oasis-noosa Springs 35 Oasis Dr Noosa Heads Qld 4567
RP Description Lot 17 SP 221525
Land Area 800m²
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Area Plan Noosa Heads
Overlays Land Subject to Acid Sulfate Soils Overlay
• Area 1 – 5 metres AHD or Below
• Area 2 – Above 5 metres AHD to 20 metres AHD
Landslide Hazard Overlay
• Moderate Hazard Area
Assessment Type Minor Change to Development Approval
Page 1 of 11
Document Set ID: 24706745
Version: 5, Version Date: 11/05/2026
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 10 pages
Page 2
1. PROPOSAL
The applicant seeks approval to change an existing development approval for a development
known as the Oasis at Noosa Springs. Specifically, the applicant seeks to change the approved
house design for lot 17.
The proposal includes changes to:
• Internal layout of the house.
• Landscape design including changes to the shape and location of the swimming pool
• Roof design, including raising the peak of small area of the roof to above 8m in height.
• Front façade design.
The locality and proposal plans are included below.
Figure 1 – Locality
Page 2 of 11
Document Set ID: 24706745
Version: 5, Version Date: 11/05/2026
Page 3
Figure 2 –Approved Site Plan/Ground Floor Plan
Figure 3 – Proposed Site Plan
Page 3 of 11
Document Set ID: 24706745
Version: 5, Version Date: 11/05/2026
Page 4
Figure 4 – Proposed Ground Floor Plan
Figure 5 – Proposed Upper Floor Plan
Page 4 of 11
Document Set ID: 24706745
Version: 5, Version Date: 11/05/2026
Page 5
Figure 5 – Proposed Roof Plan
Figure 6 – Proposed North/South Elevations
Page 5 of 11
Document Set ID: 24706745
Version: 5, Version Date: 11/05/2026
Page 6
Figure 7 – Proposed East/WestElevations
Figure 8 – Proposed Sections
Page 6 of 11
Document Set ID: 24706745
Version: 5, Version Date: 11/05/2026
Page 7
2. BACKGROUND
The application to create The Oasis development was approved on 23 October 2008 with a
Negotiated Decision Notice issued on 3 March 2009 subject to conditions. Conditions of approval
include the following:
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered:
Plan / Rev. Plan / Document Name Date
Document No.
M1806-10 Proposal Plan – Stage 1 – Jones Flint & 30 October 2007
Pike Pty Ltd
M1806-11A A Proposal Plan – Stage 2 – Jones Flint & 7 November
Pike Pty Ltd 2007
447 - SK03 Proposed Building Setbacks From January 2009
Boundaries – Allan Starkey &
Associates
and as may be amended by these conditions.
3. The Detached Houses shall comply with the Detached House Code contained in The Noosa
Plan, with the exception of the requirement for eaves overhangs (roof form) and building
setbacks (refer to approved plan 447 - SK03 Proposed Building Setbacks from Boundaries
– Allan Starkey & Associates dated January 2009).
A copy of the approved building setbacks plan is included in Figure 9 below.
Figure 9 – Approved Building Setbacks from Boundaries
Page 7 of 11
Document Set ID: 24706745
Version: 5, Version Date: 11/05/2026
Page 8
A minor change was approved 19 October 2023, changing the approved driveway location for lot
17 to orientate it to the north rather than the approved location to the west.
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
• The Noosa Plan 2020.
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 following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Low Density Housing Code;
Assessment
The proposed dwelling design changes submitted for this minor change application will result in a
different building design to the approved plans. Despite this, the overall form and scale of the
dwelling is very similar to the approved plans.
Assessment against the Noosa Plan 2020 (Amendment 2) and the Original Noosa Plan 2006
indicates the proposed dwelling house is compliant apart from building height and front setback.
Building Height
Acceptable Outcome 7.1 of the Low Density Residential Zone Code prescribes a maximum
building height of 8.0 metres
Part of the roof area of the development, above the gutter exceeds 8.0 metres (Refer Figure 10).
However, the top roof area dwelling is set back from the street at least 10 metres and the roof
areas above 8 metres in height are not expected to be readily visible or result in significant impact
on views.
The overall perception of height and bulk is moderated due to the roof pitch, which ensures the
roof area is visually recessive and does not dominate the streetscape or surrounding sites. The
proposal still presents as a two storey, low‑rise residential form comparable to surrounding dwelling
houses, thereby achieving the intent of PO7 despite the minor height exceedance in metres.
Page 8 of 11
Document Set ID: 24706745
Version: 5, Version Date: 11/05/2026
Page 9
Figure 10 – Area of roof exceeding 8m
Front Setback
Acceptable Outcome 9.1 of the Low Density Residential Zone Code prescribes a minimum 6.0m
setback from the road.
The proposed dwelling design includes a lower roof area which covers the entry of the house and
protrudes in front of the garage doors. The rim of this roof area allows for plantings. There is no
indication in the submitted plans that the area above this roof could be used as a deck.
Part of this roof encroaches within the 6m setback (refer figure 6), mostly in front of the garage
door. This roof area is curved and the encroachment within the 6m setback ranges from 1 to 1.5m.
The visual impact of the is expected to be minimal due the scale of the encroachment. The visual
impact will be further mitigated by the cul de sac design as well as existing landscaping. The
proposed encroachment is not expected to impact on views or impact the amenity of neighbouring
dwellings.
Therefore, proposed revised house design satisfies Performance Outcome 9 of the Low Density
Residential Zone.
Figure 11 – Area encroaching within 6m road setback
Applicant’s Request
Page 9 of 11
Document Set ID: 24706745
Version: 5, Version Date: 11/05/2026
Page 10
The applicant has requested existing condition 83 be amended to reflect the proposed new plans
of the house.
Assessment of Request
Agree. Refer assessment above.
Recommendation
It is recommended existing condition 83 be amended to delete reference to the approved plans
dated 09/06/2023 and insert the updated and amended approved plans to read as follows:
Approved Plans – Lot 17 (10 October 2023) April 2026
83. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
BA 003 P3 Site Plan BA, prepared by Gavin Maddock 09/06/2023
(as annotated by Council)
BA 100 P4 Ground Floor & Site Plan, prepared by 19/09/2023
Gavin Maddock (as annotated by Council)
00.0 B Site Plan prepared by Paul Clout Design 30/01/2026
01.0 B Ground Plan prepared by Paul Clout 30/01/2026
Design
02.0 B Upper Plan prepared by Paul Clout 30/01/2026
Design
03.0 B Roof Plan prepared by Paul Clout Design 30/01/2026
04.0 B North and South Elevations prepared by 30/01/2026
Paul Clout Design
05.0 B East and West Elevations prepared by 30/01/2026
Paul Clout Design
06.0 B Sections prepared by Paul Clout Design 30/01/2026
07.0 B Landscape Plan prepared by Paul Clout 30/01/2026
Design
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.
Page 10 of 11
Document Set ID: 24706745
Version: 5, Version Date: 11/05/2026
Page 11
The report is provided in accordance with Section 83(9) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132007.2399.03 to make a minor change to an existing approval for
• Development Permit for Material Change of Use - 27 Dwelling Houses
• Development Permit for Reconfiguring a Lot – 27 lots
situated at The Oasis-noosa Springs 35 Oasis Dr Noosa Heads Qld 4567 and described as Lot
17 SP 221525, Council on 11 May 2026 decided to:
A. Approve the change.
B. Amend condition 83 to read as follows:
Approved Plans – Lot 17 – May 2026
83. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
00.0 B Site Plan prepared by Paul Clout Design 30/01/2026
01.0 B Ground Plan prepared by Paul Clout Design 30/01/2026
02.0 B Upper Plan prepared by Paul Clout Design 30/01/2026
03.0 B Roof Plan prepared by Paul Clout Design 30/01/2026
04.0 B North and South Elevations prepared by 30/01/2026
Paul Clout Design
05.0 B East and West Elevations prepared by Paul 30/01/2026
Clout Design
06.0 B Sections prepared by Paul Clout Design 30/01/2026
07.0 B Landscape Plan prepared by Paul Clout 30/01/2026
Design
Page 11 of 11
Document Set ID: 24706745
Version: 5, Version Date: 11/05/2026
Used in these records
Minor Change Report 132007.2399.03 (AS PUBLISHED).pdfRelated documentApplication case desk ↗
About this file
- File size
- 3.9 MB (large file)
- File type
No other editions are linked here.
Original file
Log in to download the original file
The download may take up to a minute.