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Minor Change Report 132010.574.01 (As Published)
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Tiani Bird
Development Assessment
APPLICATION DETAILS
Application No. 132010.574.01
Development Approval Development Permit for Material Change of Use - Detached
House
Applicant Philip Ezzy and Stephenie Ezzy
Request Received On 7 May 2025
Report Reviewed By Patrick Murphy
03.06.2025
Decision Due Date 25 June 2025
PROPERTY DETAILS
Property Address Noosa Dunes 36/512 David Low Way Castaways Beach Qld
4567
RP Description Lot 36 SP 111721
Land Area 620.72m2
Existing Use of Land Dwelling House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential Zone
Precinct Not applicable
Local Area Plan Coastal Communities
Overlays • Acid Sulfate Soils Overlay Code
• Bushfire Hazard Overlay Code
• Coastal Protection and Scenic Amenity Overlay Code
• Landslide Hazard Overlay Code
Assessment Type Minor Change to Development Approval
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Document Set ID: 23749498
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1. PROPOSAL
The applicant seeks approval to change an existing development approval for a Material Change
of Use of Premises to Establish a Detached House. The proposal seeks to change the approval in
the following ways:
• Amend the list of approved plans to include an additional bedroom and remove the existing
patio.
The subject site is located within the Low Density Residential Zone, within the Coastal
Communities Local Plan Area, has a total land area of 620.72m2 and is located within the existing
established ‘Marcus Dunes’ estate.
The dwelling house includes 3 bedrooms an upper-level deck and lower-level patio and includes
an existing building area of 301.61m2. The existing site cover is 25.84% at the lower level and
24.66% at the upper level. The proposal seeks to convert the existing patio into bedroom 4
increasing the GFA by a total of 12m2 and maintaining the existing site cover.
The locality and proposal plans are included below.
Figure 1 – Locality
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Figure 2 – Site Plan and 3D North East
Figure 3 – Proposed Demolition and Floor Plan
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Figure 4 – East Elevation and North Elevations
2. BACKGROUND
A development approval for a Material Change of Use of Premises to Establish a Detached House
was approved on 31 May 2010. The existing approval included a 3 bedroom dwelling house which
gained access via Marcus Dunes Court to David Low Way and is located within the established
Noosa Dunes Estate.
An extract of the original approval plans are included below:
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Figure 5 – Approved Plan of Development
Figure 6 – Approved Dwelling House Plans
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Figure 7 – Approved Dwelling House Plans
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Figure 8 – Approved Dwelling House Elevations
Figure 9 – Approved Dwelling House Elevations
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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 (25 September 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 as the proposal does
not:
o involve a new use; or
o result in the application applying to a new parcel of land; or
o dramatically change the built form in terms of scale, bulk and appearance; or
o change the ability of the proposed development to operate as intended; or
o remove a component that is integral to the operation of the development; or
o significantly impact on traffic flow and the transport network, such as increasing traffic
to the site; or
o introduce new impacts or increase the severity of known impacts; or
o remove an incentive or offset component that would have balanced a negative impact
of the development; or
o impact on infrastructure provisions.
• 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 Noosa Plan 2006.
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 being
lodged.
The following codes from Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Low Density Housing Code.
Existing Condition 1
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and may
be amended by these conditions and annotations on the plans.
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Plan No. Rev. Plan Name – Prepared by Date
Sheet 1 of 4 - Lower Level Plan, prepared by Civic Steel 24 March 2010
Homes
Sheet 2 of 4 - Upper Level Plan, prepared by Civic Steel 24 March 2010
Homes
Sheet 3 of 4 - Elevations, prepared by Civic Steel Homes 24 March 2010
Sheet 4 of 4 - Elevations, prepared by Civic Steel Homes 24 March 2010
Applicant’s Request
The applicant has requested existing condition 1 be amended and replaced with the following
amended condition:
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and may
be amended by these conditions and annotations on the plans.
Plan No. Rev. Plan Name – Prepared by Date
Sheet 1 of 4 - Lower Level Plan, prepared by Civic Steel 24 March 2010
Homes
Sheet 2 of 4 - Upper Level Plan, prepared by Civic Steel 24 March 2010
Homes
Sheet 3 of 4 - Elevations, prepared by Civic Steel Homes 24 March 2010
Sheet 4 of 4 - Elevations, prepared by Civic Steel Homes 24 March 2010
CD/A01 - Cover sheet and Site Plan, prepared by M 28 April 2025
+ M Studio
CD/AO3 - Lower Level – Bed 4, prepared by M + M 28 April 2025
Studio
CD/AO5 - Elevations, prepared by M + M Studio 28 April 2025
Assessment of Request
Agree
The applicant requests to amend the approval to include an additional bedroom on the lower level.
The existing dwelling comprises three bedrooms, an upper-level deck, and a lower-level patio, with
a total building area of 301.61 m². The current site coverage is 25.84% at the lower level and
24.66% at the upper level. The proposed development involves converting the existing patio into
a fourth bedroom, this does not result in an increase to the building area, including site cover, as it
is within the existing footprint.
The proposed change does not exceed the maximum floor area stated under the Plan of
Development (350m²) or result in additional height or bulk being added to the dwelling house and
provides the dwelling with greater functionality for users. The increased number of bedrooms does
not result in additional impacts to the coastal area due to remaining within the existing footprint of
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the dwelling. The additional bedroom will not interfere with the existing amenity to adjoining
residents as it is proposed on the northern side of the dwelling house and will be located adjacent
to the Noosa Dunes entrance.
Recommendation
It is recommended existing condition 1 be amended to read as follows:
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and may
be amended by these conditions and annotations on the plans.
Plan No. Rev. Plan Name – Prepared by Date
Sheet 1 of 4 - Lower Level Plan, prepared by Civic Steel 24 March 2010
Homes
Sheet 2 of 4 - Upper Level Plan, prepared by Civic Steel 24 March 2010
Homes
Sheet 3 of 4 - Elevations, prepared by Civic Steel Homes 24 March 2010
Sheet 4 of 4 - Elevations, prepared by Civic Steel Homes 24 March 2010
CD/A01 - Cover sheet and Site Plan, prepared by 28 April 2025
M + M Studio
CD/AO3 - Lower Level – Bed 4, prepared by M + M 28 April 2025
Studio
CD/AO5 - Elevations, prepared by M + M Studio 28 April 2025
The current decision notice includes an invalid Council email address and is recommended to be
amended as below:
6. Please contact council's infrastructure charges officer (email:
[email protected] [email protected]) a minimum of 5 business days
prior to payment of the infrastructure contributions and/or charge notice so a payment
advice detailing the amounts applicable at the time of payment may be issued to
accompany the payment.
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
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With regard to Application No. 132010.574.01 to make a minor change to an existing approval for
Development Permit for Material Change of Use - Detached House situated at Noosa Dunes
36/512 David Low Way Castaways Beach Qld 4567 and described as Lot 36 SP 111721, Council
on 3 June 2025 decided to:
7. Approve the change.
8. Amend conditions 1 to read as follows:
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and may
be amended by these conditions and annotations on the plans.
Plan No. Rev. Plan Name – Prepared by Date
Sheet 1 of 4 - Lower Level Plan, prepared by Civic Steel 24 March 2010
Homes
Sheet 2 of 4 - Upper Level Plan, prepared by Civic Steel 24 March 2010
Homes
Sheet 4 of 4 - Elevations, prepared by Civic Steel Homes 24 March 2010
CD/A01 - Cover sheet and Site Plan, prepared by M 28 April 2025
+ M Studio
CD/AO3 - Lower Level – Bed 4, prepared by M + M 28 April 2025
Studio
CD/AO5 - Elevations, prepared by M + M Studio 28 April 2025
9.Amend Advisory Note 6 to read as follows:
6. Please contact council's infrastructure charges officer (email: [email protected]) a
minimum of 5 business days prior to payment of the infrastructure contributions and/or
charge notice so a payment advice detailing the amounts applicable at the time of payment
may be issued to accompany the payment.
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