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132004.4552.01 - Planning And Environment Court Appeal D114 Of 2025 For Minor Change To A Development Permit For A Material Change Of Use For A Duplex Dwelling At 1/27 Duke Street, Sunshine Beach · Attachment 1 - 132004.4552.01 - Officers Report
PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 9 DECEMBER 2025
ATTACHMENT 1 – DEVELOPMENT ASSESSMENT MANAGER’S REPORT
REPORT
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.
The proposed development relates solely to Unit 1 at 27 Duke Street, Sunshine Beach, works
include:
• Enclosing the upper-level rear balcony of the Master bedroom to create a walk-in wardrobe
resulting in approximately 8.5m² additional gross floor area.
• Enclosing the centrally located upper-level balcony to create a new dining room area resulting
in approximately 21.5m² additional gross floor area; and
• Extending Bedrooms 2 and 3 on the ground level, partially excavating behind the bedrooms
for a storage room, including a new study room and extending the open terrace to Duke Street
resulting in approximately 32.5m² additional gross floor area.
The minor changes to Unit 1 result in non-compliance with:
• Section 5.3 - Duplex Dwelling, provision 5.3.1.6 of the 1990 Schedule to the planning scheme
as the proposal results in a plot ratio of more than 0.45:1 as listed under Table 5.2 – Duplex
Dwellings: Some performance standards
• AO11 of the Medium Density Residential Zone Code of the Noosa Plan (25 September 2020)
as the proposal exceeds a plot ratio of 0.4:1
• AO12.1 - Medium Density Residential Zone Code of the Noosa Plan (25 September 2020) as
the proposal does not meet the required setback for the southwestern side boundary.
The above changes increase the gross floor area of Unit 1 from 136m² to 198.5m² and increases
total gross floor area to 334.5m² as defined under the 1990 planning scheme, this is outlined below.
Existing GFA Proposed GFA
Unit 1 136m2 198.5m2
Unit 2 136m2 136m2
TOTAL GFA 272m2 334.5m2
PLOT RATIO 0.44:1 0.54:1
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 9 DECEMBER 2025
Figure 1 – Locality Plan
Figure 2 – Site Plan
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 9 DECEMBER 2025
Figure 3 – Floor Plan (proposed reconfigured areas and expansion in green shade)
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.
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 9 DECEMBER 2025
The following codes from Noosa Plan 2020 are also 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).
Under Noosa Plan 2020, the site is zoned Medium Density Residential.
It is noted that duplex developments within proximity of the site at Duke Street at 9, 25 and 23
Duke Street and 25 and 29 Eland Street comply with the 1990 planning scheme as the plot ratio
maximums not exceeding 0.45:1.
Street Number Gross Floor Area/Plot Ratio
25 Duke Street - directly north of the subject site 264m2 / 0.43:1
23 Duke Street - two lots to the north of the subject 265m2 / 0.42:1
site
9 Duke Street - approximately 135 metres to the 306m2 / 0.45:1
north of the subject site
29 Elanda Street - approximately 135 metres to the 268m2 / 0.32:1
north of the subject site
25 Elanda Street – approximately 90 metres from 339m2 / 0.44:1
subject site
The proposed exceedance in Plot Ratio will result in development with greater building than other
duplex developments within the surrounding area, larger than what was permitted at the time the
approvals were issued and greater than with the Noosa Plan 2020 seeks for development in the
Medium Density Residential Zone to achieve.
The development will reduce the characteristic look and feel of the residential neighbourhood by
establishing a scale of development that conflicts with the scheme and the surrounding area as a
result of enclosing existing functional outdoor use areas which are currently articulated, lightweight,
and suited to the subtropical design.
The planning intent of the scheme maintains a plot ratio of 0.4:1 and only permits increased gross
floor area for proposals which contribute to the mix of residential supply within the shire by including
small dwellings. The proposal does not include small dwellings.
There are no relevant matters that would warrant such a substantial increase in plot ratio for the
development or this site. The development does not adequately respond to land constraints
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PLANNING AND ENVIRONMENT COMMITTEE MEETING REPORT 9 DECEMBER 2025
including topography, namely that it seeks to enclose areas which provide natural lighting,
ventilation, building articulation etc within the building.
Accordingly, the application was refused.
An appeal was received by the Appellant on 16 October 2025.
The matter is in order for Council to defend the appeal and the recommendation is worded
accordingly.
Previous Council Consideration
None.
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb
Internal Consultation
Departments/Sections Consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
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