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

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


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