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Minor Change Application
DANYA COOK TOWN PLANNING
M: 0422 051 263 E: [email protected]
ABN: 65 945 966 479 | DANYA ELIZABETH COOK
15 July 2025
The Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
Correspondence Sent Via Email: [email protected]
Attention: Development Assessment
Dear Sir / Madam,
APPLICATION FOR A REQUEST FOR MINOR CHANGE TO A DEVELOPMENT APPROVAL
Property Description: Lot 3 on RP163499
Property Address: 27 Sivyers Road, Tinbeerwah QLD 4563
Development Approval: Development Permit for Material Change of Use - Detached House and Garage
Proposed Development: Application for a Request for Minor Change to a Development Approval - Dwelling House
Additions
Local Government: Noosa Council
Council’s Reference: MCU10/2004.02
DC Town Planning Reference: 2025-69
On Behalf Of: Julie Jordan and Damien McBain
1.0 PREAMBLE
In relation to the abovementioned Development Approval MCU10/2004.02 originally granted by Council on the 29 September 2010, on
behalf of my clients, Julie Jordan and Damien McBain, I hereby make a change application pursuant to Section 78 of the Planning Act 2016.
In support of this request, please find attached:
• DA Form 5 - Change Application Form.
• Owner’s Consent.
• Design Plans prepared by DCM Building Design included at Appendix A.
Payment of Council’s prescribed assessment fee for an application of this nature will be settled by the applicant upon receipt of Council’s
invoice and reference number.
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DANYA COOK TOWN PLANNING
2.0 SITE OVERVIEW
Location of the Subject Site
The subject site is described as Lot 3 on RP163499, situated at 27 Sivyers Road, Tinbeerwah QLD 4563. The site is situated approximately
6km to the northeast of Cooroy and approximately 7km to the west of Tewantin. A Locality Map is provided at Figure 1 below, identifying
the location of the subject site in relation to the surrounding local area.
Figure 1: Locality Map (Source: Whereis)
Zoning Designation and Surrounding Land
The subject site is included within the Rural Zone in accordance with Zone Map ZM4 of the Noosa Plan 2020. An extract copy of Zone Map
ZM4 is provided at Figure 2 below, identifying the subject site in relation to adjoining and surrounding land uses, which are likewise included
within the Rural Zone. Surrounding land zonings situated within proximity to the site are included within the Environmental Management
and Conservation Zone (Tewantin National Park, Tewantin Forest Reserve, etc.) and Rural Residential Zone, with Lake Macdonald situated
further to the west - please refer to Figure 2 below.
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DANYA COOK TOWN PLANNING
Subject Site
Figure 2: Zone Map (Source: Noosa Plan 2020)
Current Registered Owners
The Current Registered Owners of Lot 3 on RP163499 are Julie Dane Jordan and Damien Paul McBain.
Owner’s consent accompanies this application.
Area, Covenants, Easements, Shape, and Topography
Lot 3 on RP163499 comprises an area of 132200m2 (13.22ha).
The site is not encumbered by a covenant or easement in favour of a distribution entity or third-party interest.
A Development Permit for Material Change of Use to establish a Dwelling House in the Riparian Buffer Area was granted by Council on the
29 September 2010, Council’s Reference: MCU10/2004. A Minor Change was approved by Council on the 11 September 2018, Council’s
Reference: MCU10/2004.01, to reclassify an existing dwelling to a Class 10a structure in support of establishing a new main primary dwelling.
A Generally In Accordance was approved by Council on the 25 February 2022, Council’s Reference: MCU10/2004.02, which approved a
swimming pool adjacent to the new main primary dwelling.
The site is irregular in shape, characterised by relatively level to gently undulating topography.
Existing Site Environment
The site is improved by a single storey five (5) bedroom dwelling, featuring a three (3) bay garage, swimming pool, stables and shed, located
relatively central to the site, on the ridge overlooking fenced paddocks and Six Mile Creek.
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DANYA COOK TOWN PLANNING
Two (2) Class 10a structures are located within the southeastern portion of the site, alongside Sivyers Road.
A communications tower is located within the northeastern portion of the site, approved in 2013 via private certification, Approval Reference:
PC13/3632.
The remainder of the site is characterised by open grassland spaces and pockets of dense vegetation primarily located within the northern
portion of the site. The site borders Six Mile Creek to the south / southwest, which flows into Lake Macdonald.
The aerial provided at Figure 3 below, provides a visual representation of the site.
Figure 3: Aerial (Source: Queensland Globe)
Access and Services
The site features frontage to Sivyers Road, which traverses the eastern boundary, accessed via an established concrete driveway crossover
located relatively central along the site’s frontage and extending into the site to meet with the dwelling. Sivyers Road is constructed to a
sealed standard and is well-linked with the wider road network, intersecting with Cooroy Noosa Road further to the south, conveniently
linking the site with Cooroy and Bruce Highway situated to the west and Tewantin situated to the east.
The site is serviced by:
• On-site potable water supply.
• On-site wastewater treatment system.
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DANYA COOK TOWN PLANNING
• Reticulated supply of overhead electricity.
• Reticulated supply of telecommunications.
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3.0 OVERVIEW OF PROPOSED DEVELOPMENT
The applicants, Julie Jordan and Damien McBain, seek approval to extend the main primary dwelling on land described as Lot 3 on RP163499,
situated at 27 Sivyers Road, Tinbeerwah QLD 4563.
The extension is required to accommodate Damien’s mother, to avoid nursing home living.
As demonstrated by the Design Plans prepared by DCM Building Design included at Appendix A and by the Floor Plan provided at Figure 4
below, the extension features:
• A single bay garage.
• Patio / entrance.
• Powder room.
• Bedroom featuring an ensuite and walk-in-robe.
• Rumpus featuring a bar and storage.
• Courtyard and landscaping.
• Art studio.
• Guest bedroom featuring an ensuite and walk-in-robe and linen storage.
• New connecting decking.
The guest bedroom is intended to accommodate interstate family members that will frequently visit Damien’s mother, as well as a support
worker, if required to care for Damien’s mother in the future.
Figure 4: Proposed Floor Plan (Source: Design Plans prepared by DCM Building Design)
The existing floor plan is slightly reworked and the addition of a loft floor featuring an office, gym and storage is also proposed, as depicted
at Figure 5 below.
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DANYA COOK TOWN PLANNING
Figure 5: Proposed Reworked Floor Plan and Loft Floor Plan (Source: Design Plans prepared by DCM Building Design)
It is acknowledged that the proposed building work does not comply with the following Acceptable Outcomes of the Noosa Plan 2020:
• Acceptable Outcomes AO2.1 and AO2.4 of the Rural Zone Code.
• Acceptable Outcome AO7.3 of the Rural Zone Code.
• Acceptable Outcome AO6.1 of the Biodiversity, Waterways and Wetlands Overlay Code.
An assessment of the applicable elements of the Noosa Plan 2020 is provided below, under Section 4.0 - Statutory Assessment
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4.0 STATUTORY ASSESSMENT
Planning Scheme
In accordance with the Noosa Plan 2020, the site is included within the Rural Zone. An assessment of the applicable provisions of the Noosa
Plan 2020 is provided below.
Use Definition
In accordance with Schedule 1 – Definitions of the Noosa Plan 2020, the definition of Dwelling House, including additions (associated garage,
carport, shed, etc.), is defined as follows:
Dwelling House: - means a residential use of premises involving -
(a) one (1) dwelling for a single household and any domestic outbuildings associated with the dwelling; or
(b) one (1) dwelling for a single household, a Secondary Dwelling and any domestic outbuildings associated with either dwelling.
Minor Change
This assessment finds that the proposal constitutes a Minor Change in accordance with the Planning Act 2016, which defines a Minor Change
as, “a change to the approval that would not result in a substantially different development”.
The DA Rules state, “in determining whether the proposed change would result in substantially different development, the assessment
manager or referral agency must consider the individual circumstances of the development, in the context of the change proposed”, as
follows:
• The change does not result in a substantially different development, as the change does not:
(a) involve a new use; or
(b) result in the application applying to a new parcel of land; or
(c) dramatically change the built form in terms of scale, bulk and appearance; or
(d) change the ability of the proposed development to operate as intended; or
(e) remove a component that is integral to the operation of the development; or
(f) significantly impact on traffic flow and the transport network, such as increasing traffic to the site; or
(g) introduce new impacts or increase the severity of known impacts; or
(h) remove an incentive or offset component that would have balanced a negative impact of the development; or
(i) impact on infrastructure provisions.
• The change will not cause the approval to include prohibited development.
• The change does not trigger referral to a referral agency.
• The change does not trigger public notification.
On this basis, the application is considered to follow a lawful process in making a request in accordance with the Planning Act 2016.
Assessment
In accordance with Section 81 (4) and (5) of the Planning Act 2016, it states:
(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the development application
for the development approval was properly made.
(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in the circumstances, to—
(a) the statutory instrument or other document as in effect when the change application was made; or
(b) if the statutory instrument or other document is amended or replaced after the change application is made but before it is
decided - the amended or replacement instrument or document; or
(c) another statutory instrument—
(i) that comes into effect after the change application is made but before it is decided; and
(ii) that the responsible entity would have been required to consider if the instrument had been in effect when the development
application for the development approval was properly made.
It is acknowledged that the original application was approved by Council on the 29 September 2010, in accordance with the Noosa Plan (11
May 2009). The proposed Minor Change does not materially change the use of the land for its approved intended purpose and does not
conflict with the intent of the current planning instrument, Noosa Plan 2020 – please refer to the applicable Assessment Benchmarks (Codes)
assessment below, and as such, the proposed change does not result in changes to the original approval that are more significant and
substantially different to the original development application that was assessed and approved by Council, to the relevant extent.
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Assessment Benchmarks (Codes)
As compliance with the Acceptable Outcomes of the Rural Zone Code and Biodiversity, Waterways and Wetlands Overlay Code of the Noosa
Plan 2020 is not achieved, justification is provided against the corresponding Performance Outcomes in the tables below.
Rural Zone Code
Performance Outcomes Acceptable Outcomes
Role and Function
PO2 AO2.1
Development does not result in the loss or diminished productive Development that is incompatible with agricultural activities is not
capacity of Agricultural Land Conservation Area. located on Agricultural Land Conservation Area and an adequate
separation area between the development and the Agricultural
Editor’s Note—Agricultural Land Conservation Areas are shown on Land Conservation Area is provided.
the Agricultural Land Overlay Maps in Schedule 2
AO2.4
No sensitive land use is established closer than 200m from land on
an adjacent property included in the Rural Zone and mapped as
Agricultural Land Conservation Area as shown in Agricultural Land
Overlap Maps in Schedule 2.
Comment
In accordance with the Agricultural Land Overlay mapping of the Noosa Plan 2020, it is acknowledged that the northern portion of the
site and adjacent northern properties feature mapped Agricultural Land Conservation Area.
As demonstrated by the Design Plans included at Appendix A, the proposed extension does not encroach into mapped Agricultural Land
Conservation Area; the existing dwelling including the extension is situated approximately 150m from the common boundary of the
adjacent northern properties. This distance, coupled with the dense vegetation located within the northern portion of the subject site,
provides an appropriate separation and buffer from the adjoining properties, considerate not to diminish productive capacity of
Agricultural Land Conservation Area at adjoining land.
Furthermore, considering the proposed development does not seek to materially change the use of the land for its approved intended
purpose by increasing on-site residential activities, but rather seeks approval to facilitate an existing of an existing approved dwelling,
the proposal does not result in the establishment of a new incompatible residential activity, thereby counterbalancing potential for
conflict and reverse amenity issues.
Built Form
Building Height and Scale AO7.3
PO7 With the exception of Class 10 buildings or structures used
Buildings and other structures: exclusively for a rural activity, individual buildings or roofed
(a) are low rise; structures do not exceed 500m2 gross floor area.
(b) minimise the appearance of bulk to adjacent properties,
roads or other areas in the vicinity of the site; and
(c) respect the scale of surrounding vegetation and maximises
opportunities to retain existing vegetation on site.
Comment
As demonstrated by the Design Plans included at Appendix A, the proposed extension results in a total building area of 965.14m2, which
conflicts with Acceptable Outcome AO7.3 of the Rural Zone Code. A relaxation is sought from Council based on the justification below,
which supports a Performance Outcome:
• The proposed extension, including the addition of the loft (office and gym), maintains a low-rise form to ensure integration
with the natural environment and surrounding rural landscape of the Tinbeerwah locality.
• The extension features similar building materials, treatments and neutral colour palette to blend harmoniously with the
existing built form to produce a well-designed residential structure of high architectural quality that contributes to the
amenity of the rural character of the Noosa hinterland.
• As the dwelling is setback approximately 170m from Sivyers Road and at least 130m from adjacent rural properties, is
appropriately buffered by vegetation and Six Mile Creek, the appearance of bulk from the road and neighbouring properties
is minimised.
• Negligible vegetation will be cleared to facilitate the proposed extension, with dense vegetation retained within the northern
/ northeastern portion of the site.
• The enhanced floor area is not detrimental to the rural character of the surrounding local area and will not result in obnoxious
building bulk when viewed external of the site.
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Biodiversity, Waterways and Wetlands Overlay Code
Performance Outcomes Acceptable Outcomes
Waterways and Wetlands
PO6 AO6.1
The biodiversity and ecosystem values of waterways, wetlands and Development and clearing of vegetation does not occur within:
adjacent riparian zones are protected by: (a) a riparian buffer area;
(a) avoiding any new development in a riparian buffer area and (b) a wetland area; or
wetland area; (c) 10 metres either side of the centre line of other waterways
(b) retaining aquatic and terrestrial habitat in riparian zones; identified on a Biodiversity, Waterways and Wetlands
(c) maintaining and enhancing wildlife corridors and connectivity Overlay Map.
along watercourses and drainage lines for native fauna
movement;
(d) avoiding edge effects and damage from adjacent land uses;
(e) maintaining stream integrity and bank stability by minimising
bank erosion and slumping;
(f) maintaining water quality through filtering sediments,
nutrients and other pollutants; and
(g) removing pest species and replacing them with local native
species.
Comment
It is acknowledged that the proposed extension results in building work within a Riparian Buffer Area, as identified in accordance with
the Biodiversity, Waterways and Wetlands Overlay Mapping of the Noosa Plan 2020. It is important to note that the existing dwelling
and associated outbuildings are currently located within the Riparian Buffer Area, as are dwellings and outbuildings located at
neighbouring sites, which are inherent limitations to the corridor. The proposed building work does not degrade the corridor when the
existing built form of the site and neighbouring properties is considered, and as such, the overall function of the corridor, including
waterway quality, will not be detrimentally impacted by the proposed work.
Furthermore, limited clearing of vegetation (consisting of Lilly Pillies and one (1) gumtree for safety hazard) will occur at the rear of the
existing dwelling to facilitate the proposed extension, which does not impact the waterway traversing through the southeastern portion
of the site, located to the southeast of the dwelling.
Overlays
In accordance with the Overlay Mapping of the Noosa Plan 2020, the following overlays exist upon the land:
• Agricultural Land Overlay: - Agricultural Land Conservation Area.
• Biodiversity, Waterways, and Wetlands Overlay: - Area Subject to Biodiversity Overlay (MSES Environmental Values and Area of
Biodiversity Significance) and Area Subject to Riparian Buffer Overlay (Waterways, MSES Regulated Vegetation Intersecting a
Watercourse, MSES Regulated Vegetation Category R GBR Riverine, and Riparian Buffer Area).
• Bushfire Hazard Overlay: - High and Medium Potential Bushfire Intensity and Potential Impact Buffer.
• Flood Hazard Overlay: - Waterways and Flooding and Inundation Extent.
• Landslide Hazard Overlay: - Landslide Hazard (Moderate Hazard Areas).
The proposed development appropriately considers the intent and overall outcomes of the Overlay Codes, as addressed above in response
to the Rural Zone Code and Biodiversity, Waterways and Wetlands Overlay Code. As the proposed development is minor in nature and does
not seek to materially change the use of the land, the objectives and values of the Bushfire Hazard Overlay, Flood Hazard Overlay, and
Landslide Hazard Overlay will not be impacted to facilitate the proposed Dwelling House additions, and for this reason, an assessment of
these Overlay Codes is not required.
Referral Agencies
It is acknowledged that MCU10/2004.02 required referral to the Department of Transport and Main Roads, as the subject site is located
within 25m of a State Transport Corridor (Area within 25m of a State-Controlled Road). In accordance with Section 80 of the Planning Act
2016, the State Assessment and Referral Agency (SARA) is not an identified affected entity, and as such, it is not a requirement of the change
application to notify SARA.
In summary, the proposed Dwelling House additions 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.
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DANYA COOK TOWN PLANNING
5.0 SUMMARY
This application has been prepared on behalf of Julie Jordan and Damien McBain, in support of a Request for Minor Change to a Development
Approval - Dwelling House Additions on land described as Lot 3 on RP163499, situated at 27 Sivyers Road, Tinbeerwah QLD 4563.
This application satisfactorily discusses and justifies the minor non-compliances with respect to the location of the extended building
footprint to achieve an appropriate outcome that sufficiently complies with the requirements of the Rural Zone Code and the Biodiversity,
Waterways and Wetlands Overlay Code and does not raise any significant issues.
Furthermore, the assessment of the proposed change in accordance with the Minor Change provisions of the Planning Act 2016 determines
the change is minor in nature and complies with the relevant provisions of the Act. As such, we trust Council will issue a favourable Decision
Notice in due course and should Council have any questions with respect to the above, please do not hesitate to contact me.
Kind regards,
Danya Cook B.Urb.Reg.Plan, MPIA, CPP
Director / Principal Town Planner
M: 0422 051 263
E: [email protected]
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