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Minor Change Report 51983 3225 21 [As Published] · 51983.3225.21
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Matthew Pinese
Development Assessment
APPLICATION DETAILS
Application No. 51983.3225.21
Development Approval Town Planning Consent 1632 – Units, shops and restaurant
Applicant Craig Cleary Constructions
Request Received On 31 January 2025
Report Reviewed By Nadine Gorton 28.03.2025
Decision Due Date 23/03/2025
PROPERTY DETAILS
Property Address The Hastings 18/30 Hastings Street, Noosa Heads Qld 4567
RP Description Lot 18 on GTP1154
Land Area Lot 18 – 80.6m2
Whole site – 4931m2
Existing Use of Land Multiple Dwellings and shops
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Hastings Street Mixed Use Precinct
Local Area Plan Noosa Heads
Overlays Acid sulfate soils overlay - 5 metres AHD or Below (Area 1)
Flood hazard overlay – Flooding and Inundation Extent
Assessment Type Minor Change to Development Approval
1. PROPOSAL
The applicant seeks approval to change the existing development approval by firstly demolishing
the existing undercroft area of Unit 18, which contains a storage room, hot water system and
external stairs. Secondly, the undercroft is proposed to be enclosed to increase the size of the
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storage room and include a mud room, a surfboard cupboard, a shower, toilet, a washing machine
and relocate the hot water system. The stairs will also be reconstructed internally to reinstate
access to the existing deck. The enclosing of this area results in an increase to the gross floor area
(10.5m2) and site cover of the building. The increase in site cover of the ground level has increased
by 11.4%.
The locality and proposal plan are included below.
Figure 1 – Locality/Site Plan
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Figure 2 – Elevations
Figure 3 – Floor Plan
2. BACKGROUND
A planning consent refenced 1632 for a 28 Units and 8 shops was approved by Council in October
1983. A restaurant was subsequently approved on the site in December 2000 (18478DA) along
the Hastings Street frontage. The units are used for short term accommodation, rather than for
permanent occupation. Since the original approval, there have been numerous changes made to
this approval, as outlined in the table below.
App No. Details
51983.3225 A change to the development approval to enclose the manager’s residence car
space into an office was approved June 2006.
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51983.3225 In June 2011, plans to enclose 8m² of the lower level of unit 7 were considered
’generally in accordance’ with the existing approval.
51983.3225.03 On 11 November 2014, Council approved to enclose an additional 5.75m² of
gross floor area of the ground floor of unit 22.
51983.3225.04 On 12 October 2015, Council approved a change to an existing approval to
enclose the carport of unit 11 (13.3m2 to be enclosed).
51983.3225.05 On 17 March 2016, Council approved a change to an existing approval to
enclose the carports of units 14 and 25 (an additional 14m2 per unit).
51983.3225.06 On 12 May 2016, Council approved a change to an existing approval for the
redevelopment of Unit 15 of that sought to the replace the existing dwelling
unit on site with a new dwelling unit with an increase of gross floor area of
67m2, to include a roof top terrace (4 storeys) and pool.
51983.3225.07 On 29 March 2017, Council approved a change to an existing approval to
enclose part of the car port of unit 20 by 20.5m2. This change did not approve
the area for use as bedroom, with a wall not permitted to ensure the area
remained open.
51983.3225.08 On 10 May 2017, Council approved a change to an existing approval to
enclose part of the car port of unit 20 by 8.554m2 of gross floor area and
reconfigure (change to internal layout) level 1 and 2.
51983.3225.09 On 1 August 2017, Council approved a change to an existing approval to
enclose part of the car port to create a room capable of being a bedroom of
Unit 20. Change application 51983.3225.07 was the exact proposal but the
wall creating a room capable of being a bedroom was not approved.
51983.3225.10 On 1 August 2017, Council approved a change to an existing approval to
partially enclose under the existing unit and to reconfigure the second floor
relating to unit 5.
51983.3225.11 On 17 April 2018, Council approved a change to an existing approval to
partially enclose the subfloor area of Unit 21 to provide a covered entry and
storeroom area, an expanded bathroom/laundry and to enclose underneath
the existing upper level deck, resulting in an additional 18m2 of gross floor area.
51983.3225.12 On 22 June 2020, Council approved a change to the existing approval to
renovate and extend existing unit 17, including an additional storey adding an
additional 90.69m2.
51983.3225.13 On 30 June 2020, Council approved a change to the existing approval for an
extension to Unit 19. The approval consisted of an additional increase in floor
area by 68.4m² to a total GFA for the unit of 151m². The approval also
permitted the development to change from a 3 storey to a 4 storey building.
51983.3225.14 On 21 October 2021, Council approved an Other change to the existing
approval for the redevelopment of Lots 9 & 10 that had previously been
amalgamated. The redevelopment consisted of existing villas to be removed
and replaced with one building. This resulted in additional site cover of 33.6m2
and GFA of 44m2. The approval was subsequently appealed by submitters,
with minor changes to the proposal plans later agreed to by submitters.
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51983.3225.15 On 22 April 2022 Council approved a change to an existing approval to include
a lift in renovated unit 17 increasing site cover by an additional 3m2.
51983.3225.16 On 16 November 2023, Council approved a minor change to the existing
approval for a redevelopment of Unit 3. The approval consisted of an additional
increase in floor area by 68.4m² to a total GFA for the unit of 151m². The
approval also permitted the development to change from a 3 storey to a 4
storey building, plus a roof terrace.
51983.3225.17 On 29 November 2023 Council approved a change to an existing approval to
demolish and rebuild unit 2. The approval included additional gross floor area
of 53m2.
51983.3225.18 Minor change to Lot 16 - The approved changes included demolition and
rebuilding Unit 16, to add an additional storey, a rooftop terrace with timber
pergola, with an increase in gross floor area of 141m2.
51983.3225.19 Minor change to Lot 22 – The approved changes included adding an additional
storey, deck to level 3 and roof terrace and increasing the gross floor area of
the unit by 110m2.
51983.3225.20 The application for Minor Change was withdrawn as the application was
required to be decided by the Court.
51983.3225.21 Application undergoing assessment - Change to DA - Addition of Storage
Room to Unit 18
51983.3225.22 Currently under assessment.
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
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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;
• the original application was impact assessable and the proposed changes would not likely
cause a person to make a properly made submission because the proposal is minor.
3.3. Statutory Instruments – Planning Scheme
The original application was lodged and assessed under the now superseded 1973 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
being lodged.
The following codes from Noosa Plan 2020 are applicable to this development:
• Tourist Accommodation Zone Code;
• Noosa Heads Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
• Flood Overlay Code.
The levels above ground remain unchanged and remain in accordance with the previous approved
plans. The proposed changes are ground level do not result in any changes to such development
parameters, such as the height of the building and car parking requirements.
The development and scope of the minor change remain compliant with current requirement of the
Noosa Plan 2020.
Setbacks
Generally, the setbacks throughout the existing Hastings Street development are non-compliant
with the QDC acceptable solutions, with setbacks varied throughout, dependant on the lot size,
shape and lot location, and whether adjacent Bay Village or the site’s easement along its eastern
boundary. Existing units are also not all built fully within the group title lot boundaries, with several
decks hanging over the lot boundaries, which are allowable under exclusive use provisions in the
developments Community Management Statement.
In terms of the proposal’s setbacks, there is no variation made other than the enclosing of the
undercroft area. The lower storage room addition along with amenities complies with the side
boundary setback requirements under the Noosa Plan 2020 and the QDC.
Site Cover
The corresponding PO11 contains performance criteria that applies development in the Hasting
Street Mixed Use Precinct, which states that a maximum site cover of 45% applies. It is noted that
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the site cover of the ground level is being increased from 32.6% to 44%. This increase remains
compliant with this provision of the Noosa Plan 2020.
Flood Overlay Code
AO6.3 of the Flood Overlay Code, is applicable to the proposed development:
AO6.3 Residential buildings minimise risk from flooding by providing parking and other low
intensive, non-habitable uses at ground level, rather than habitable uses.
The proposal to enclose the undercroft area meets AO6.3 of the Flood Overlay Code, by minimising
risk from flooding by locating only non-habitable aspects of the development.
Existing Condition 2
2. 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 unless
otherwise amended by these conditions.
Applicant’s Request
The applicant has requested existing condition 2 be amended to add the details of the submitted
proposal plans to the approved plans table:
Approved Plans – 28 March 2025 (Lot 18 on GTP1154) (51983.3225.21)
Plan No. Rev. Plan/Document Name Date
SH 01 of P1 Cover Sheet prepared by 4Site Design 25/07/2024
03 4SITE
SH 02 of B Floor Plans and Section A prepared by 4Site 13/01/2025
03 4SITE Design
SH 03 of P1 Elevations and Section 14 prepared by 4Site 25/07/2024
03 4SITE Design
Assessment of Request
The assessment above considers provisions from the Noosa Plan 2020 in terms of setbacks, site
cover and flood risk. The proposal meets or addresses these provisions and is therefore supported.
Recommendation
It is recommended existing condition 2 be amended to add the details of the submitted proposal
plans to the approved plans table:
Approved Plans – 28 March 2025 (Lot 18 on GTP1154) (51983.3225.21)
Plan No. Rev. Plan/Document Name Date
SH 01 of P1 Cover Sheet prepared by 4Site Design 25/07/2024
03 4SITE
SH 02 of B Floor Plans and Section A prepared by 4Site 13/01/2025
03 4SITE Design
SH 03 of P1 Elevations and Section 14 prepared by 4Site 25/07/2024
03 4SITE Design
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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. 51983.3225.21 to make a minor change to an existing approval for
Town Planning Consent 1632 – Multiple dwelling 25 Units, 8 shops and restaurant situated at The
Hastings 18/30 Hastings St Noosa Heads Qld 4567 and described as Lot 18 GTP 1154, Council
on 28/03/2025 decided to:
A. Approve the change.
B. Amend conditions 2 to read as follows:
2. 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 unless
otherwise amended by these conditions.
Add the details of the submitted proposal plans to the approved plans table
Approved Plans – 28 March 2025 (Lot 18 on GTP1154) (51983.3225.21)
Plan No. Rev. Plan/Document Name Date
SH 01 of P1 Cover Sheet prepared by 4Site Design 25/07/2024
03 4SITE
SH 02 of B Floor Plans and Section A prepared by 4Site 13/01/2025
03 4SITE Design
SH 03 of P1 Elevations and Section 14 prepared by 4Site 25/07/2024
03 4SITE Design
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Document Set ID: 23613116
Version: 4, Version Date: 28/03/2025
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