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MCU17/0559.05 - Planning & Environment Court Appeal 1842 Of 2026 - For Minor Change To A Development Permit For A Material Change Of Use For A Duplex Dwelling At 2/16 Grant Street, Noosa Heads · Attachment 1 – Development Assessment Manager’S Report

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GENERAL COMMITTEE MEETING REPORT                                                  11 AUGUST 2026


          ATTACHMENT 1 – DEVELOPMENT ASSESSMENT MANAGER’S REPORT
REPORT
Development Permit for Material Change of Use - Multiple Housing- Type 2 Duplex was issued
on 1 August 2020. The plans indicated that sections of the lower level were to be below ground
level and considered as a basement to ensure compliance with gross floor area provisions.




In February 2020, a minor change to the original development approval was issued (Council ref.
MCU17/0559.02). The main change related to the development’s roof form, a reduction to the
roof pitch from 8 to 1 degrees and reduction in the extent of eaves.

On 20 November 2020, a Generally in Accordance Letter (Council ref. MCU17/0559.03) was
issued, relating to revised location of the swimming pools and roof pitch from 1 to 2 degrees.

A Plan Seal application (Council ref. PS23/0020) and Operational Works (Council reference
OPW20/096.01) off-maintenance request was lodged in September 2023. Following a site
inspection carried out by Council Officers’, it was identified that there were inconsistencies
between Council approved plans and the constructed dual occupancy.

The variations to the approved plans included:

      a. Shade structure at the rear of each unit
      b. Internal reconfiguration to the upper level and lower levels of each unit, creating self-
         contained dwellings on the lower level of each unit.
      c. Spiral staircase within the southeastern side boundary setback.
      d. Storage areas on the lower level below the outdoor recreational areas of each unit.
      e. Extent of earthworks carried out contrary to Condition 5, the approved plans, and
         maximum plot ratio permitted for the development.
      f. Variation to the approved window placement along both side elevations.

A minor change application (MCU17/0559.04) was submitted in October 2023 seeking
retrospective approval for the matters listed above. The original approval required backfilling to
ensure the lower level met the definition of a basement under The Noosa Plan. As this work was
not completed it resulted in the lower level contributing to gross floor area and increased the total
GFA to 391.6 m² and a plot ratio of 0.658:1 which exceeded the 0.45:1 maximum.

To address the area of non-compliance the applicant proposed 1.5 m high planter boxes to
screen the non-compliant section in lieu of backfilling. Council did not consider this to the optimal
planning outcome however after considerable discussions with the applicant and builder,
accepted the proposal as it avoided structural risks associated with earthworks and provided a
landscaped outcome that screened the lower exposed floor level.



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GENERAL COMMITTEE MEETING REPORT                                                 11 AUGUST 2026




The minor change application was approved 31 January 2024.

On 19 February the applicant lodged a minor change application seeking to amend the plans and
conditions to allow for the removal of the requirement for the planter boxes along the external
walls of the lower floor unit 2. The applicant cited structural deterioration, movement in the posts
and sleepers, moisture accumulation at the slab edge and increased termite risk identified in
structural and pest inspection reports as justification for the removal of the external walls.

On 2 June the application was refused under delegation for the following reasons:

1. The proposed changes are contrary to Specific Outcome 011, and Overall Outcome (oo) of
   the Noosa Heads Locality Code of the 2006 Noosa Plan, and Performance Outcome PO13,
   and Overall Outcomes of (2) (c) (d) of the Medium Density Residential Code of the Noosa
   Plan 2020.


   1.1. The subject level does not constitute a basement under either the Noosa Plan 2006 or
        the Noosa Plan 2020 and must therefore be included in gross floor area calculations.
        When included, the development exceeds the acceptable gross floor area and plot ratio
        outcomes anticipated under both planning schemes.

   1.2. The resulting development represents an intensity and built form outcome that is
        materially greater than that envisaged for the site and surrounding area. The absence of
        visual impact does not mitigate the non-compliance with density controls, which regulate
        development intensity rather than visibility alone.

   1.3. The proposed removal of the planter boxes is not warranted, as they are capable of
        being reinstated in accordance with the approved development and do not justify the
        recharacterisation of the subject level as a basement.

   1.4. Approval of the proposed amendments would result in an undesirable planning outcome
        and precedent by allowing non-complying above-ground floor area to be excluded from
        gross floor area calculations, undermining the intent and consistent application of gross
        floor area and plot ratio controls under the Planning Scheme.

On 23 June 2026 the Appellant lodged an appeal to the Planning and Environment Court.

The appellant argues that the planter boxes should be removed because their removal complies
with both the Noosa Heads Locality Code and the Medium Density Residential Zone Code, would
not adversely affect neighbouring properties, and would not alter the development’s site cover or


                                                                                       Page 2 of 3

Page 3

GENERAL COMMITTEE MEETING REPORT                                                    11 AUGUST 2026


plot ratio. Further, the planter boxes are said to be deteriorating, create moisture and termite
risks, and hinder termite inspections.

On these grounds, the appellant submits that removing the planter boxes would improve the
amenity of the premises and seeks orders allowing the appeal and amending the development
approval to permit their removal.

It is in order for Council to defend the appeal and the recommendation is worded accordingly.


Previous Council Consideration
Not Applicable
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
Thynne Macartney – Tim Quirk
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                              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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