Planning Letter

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Development Application
1. Introduction
This letter has been prepared in support of a development application for a boundary realignment of the abovementioned
land, hereby referred to as the ‘site’ throughout this report.
The purpose of the development is to facilitate the re-alignment of the common boundary between Lot 3 and Lots 4, 5 & 6.
These realignments are sought for the following reasons:
▪      Move Lot 3, 4, 5 and 6 common boundaries with respect to an appeal over Lot 4 at 63 Hofmann Drive, Noosaville (ref:
       1998 of 2024) (the appeal)
This Planning Letter provides detail and assessment of the development application made to Noosa Shire Council under
the Noosa Planning Scheme 2020 (Planning Scheme) and the Planning Act.


1.1. Supporting Material

To assist with Council’s assessment of the change application, the following supporting material is provided which form
part of the application.
Table A – Supporting Material
    Document Title                                       Prepared By                           Date

    Appendix A – Signed owner’s consent                  -                                     -

    Appendix B – DA Form 1                               Therefor Group                        11.09.2025

    Appendix C – Code Compliance Statements              Therefor Group                        11.09.2025

    Appendix D – Plan of Reconfiguration                 RPS                                   05.09.2025



2. Proposed Development Summary
2.1. History and Rationale

A Material Change of Use Development Application was lodged for the Noosa Civic Centre which was approved in 2003
(Council Reference: 132002.220285). This approval related to the Noosa Shire Business Centre Masterplan, which is now
regulated under the Business Park Precinct as part of the Noosa Plan 2020.
On 26 November 2018 an application was lodged with Noosa Shire Council seeking a Development Permit for
Reconfiguring a Lot -1 into 19 lots (Council Reference: RAL18/0023). This development application was refused by Council
on 20 February 2020 which led to the decision being appealed and later approved by the Court in late 2020. This
development has since undergone changes to the subdivision layout and delivery following its approval in 2020. The most
recent approval was granted in 2022, seeking a Generally in Accordance Reconfiguring of a Lot – 1 into 23 lots (Council
Reference: RAL/18/0023.01).
Following this, on 21 June 2024 Council decided to approve application RAL23/0007 for Reconfiguring a Lot - Boundary
Realignment which sought to align the common boundary between Lot 4 and 5 with a development application over Lot 4
for a Childcare Centre (Council Reference: MCU22/0094) and amend the common boundary between Lot 5 and 6 to
provide Lot 5 and 6 with sufficient lot width and area to ensure future development outcomes were not compromised.
The primary motivation for this proposed rearrangement of boundaries is to facilitate development outcomes for a
development approval of a Childcare Centre proposed over Lot 4 and subject to a Court appeal (ref: 1998 of 2024 and
MCU22/0094) and furthermore to ensure Lots 3, 5, 6, all have sufficient area and lot size and dimensions for future
development.

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Specifically, the development seeks to move the shared boundary between lot 3 and lots 4, 5, and 6 by moving these
boundaries in a northern direction to increase the size of Lots 4, 5 and 6, thereby decreasing the size of Lot 3.
The development proposal does not negatively impact the planned uses on lot 3 but rather seeks to enable flexibility for
the planned and future uses on all the lots subject to this application. It is noted that Lot 3 presently also has a
development application over it (MCU21-0175) which is presently in decision stage pending final design refinements,
including taking account of this reduction in lot area proposed by this application.



3. Proposal Overview
3.1. Introduction

The proposed reconfiguration seeks to realign the common lot boundaries between lot 3 and lots 4, 5 and 6.

This will result in the following lot sizes:

▪    Lot 3 – 4.3032ha, a decrease from 4.6152ha
▪    Lot 4 – 3,353m2, an increase from 2,478m2
▪    Lot 5 – 2,915m2, an increase from 2,207m2
▪    Lot 6 – 4,011m2, an increase from 2,473m2
Access and servicing arrangements are proposed to remain the same.
An extract from Appendix D – Plan of Reconfiguration prepared by RPS has been provided in Figure 1 below:




Figure 1 - Plan of Reconfiguration (RPS 2025)




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3.2. Description of Proposal

The proposed development is for a Boundary Realignment on Lots 3, 4, 5 & 6. The following aspect of development is
sought:

▪     Development Permit for Reconfiguring a Lot (Boundary Realignment – 4 into 4 lots)



4. Assessment Of Development Application
4.1. Overview

The Planning Act and its subordinate legislation is the statutory framework for decision making in relation to land use and
development in Queensland.
The proposed development constitutes the following aspects of “development” as defined in Schedule 2 of the Planning
Act:
▪     Reconfiguring a lot


4.2. Category of Assessment

In accordance with section 43 of the Planning Act, the relevant categorising instrument for this development application is
the Noosa Plan 2020 (planning scheme). As previously identified, the planning scheme categorises the proposed
development as code assessable.
Section 45(3) of the Planning Act states:
A code assessment is an assessment that must be carried out only—
(a)       against the assessment benchmarks in a categorising instrument for the development; and
(b)       having regard to any matters prescribed by regulation for this paragraph.
With respect to Section 45(3)(a) of the Planning Act, the Planning Regulation prescribes:
▪     For Section (a), the assessment benchmarks generally.
▪     For Section (b), the matters code assessment must have regard to generally.

The following sections of this Report assess the development application against the remaining relevant matters.


4.3. Planning Regulation 2017

The purpose of the Planning Regulation is to prescribe instruments and address matters provided for under the Planning
Act and provide the mechanics for the operation and implementation of the Planning Act.


4.4. Schedule 12A

Schedule 12A of the Planning Regulation identifies the assessment benchmarks for walkable neighbourhood design for
particular subdivisions. In accordance with Schedule 12A, Part 1 of the Planning Regulation, the proposal is not required
to undertake assessment against the assessment benchmarks contained in Schedule 12A, Part 2 as the development is
not associated with the construction or extension of new road and is not creating any new lots.


4.5. Regional Plan - ShapingSEQ

The site falls within the bounds of the South East Queensland Regional Plan 2023 (ShapingSEQ). ShapingSEQ provides
the framework for managing growth, change, land use and development in the SEQ Region to the year 2046.
The site is located within the Urban footprint defined by ShapingSEQ. Land within the urban footprint is considered
generally suitable for urban development subject to consideration of State and local planning constraints and assessment
matters. The proposed development is consistent with this intent.



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5. Assessment Benchmarks
5.1. Overlay Codes

Table A below provides an overview of the overlays which are mapped over the site and provides some commentary on
the effect of each overlay on the proposed development.
Table A – Summary of Overlays

 Overlay Mapping                                    Summary




                                                    Acid Sulfate Soils Overlay
                                                    The site is indicated as being located within the following sub-
                                                    categories of the Land Subject to Acid Sulfate Soils Overlay.
                                                    ▪    5 metres AHD or Below (Area 1); and
                                                    ▪    Above 5 metres AHD to 20 metres AHD (Area 2).

                                                    As per Table 5.9.1 of the Noosa Plan 2020, the proposed
                                                    development does not require assessment against the Acid
                                                    Sulfate Soils Overlay Code as no cut, fill or general excavation of
                                                    the land is proposed.




                                                    Biodiversity, Waterways and Wetlands Overlay
                                                    The site is indicated as being located within the Area of
                                                    Biodiversity Significance sub-category of the Biodiversity,
                                                    Waterways and Wetlands Overlay.

                                                    As per Table 5.9.2 of the Noosa Plan 2020, the proposed
                                                    development requires assessment against the Biodiversity,
                                                    Waterways and Wetlands Overlay Code. A response to the code is
                                                    unnecessary for the proposed application as the change in
                                                    location to the boundary lines is minimal and no additional lots
                                                    or roads will be created.




                                                    Bushfire Hazard Overlay
                                                    The site is indicated as being located within the High Potential
                                                    Bushfire Intensity sub-category of the Bushfire Hazard Overlay.

                                                    As per Table 5.9.3 of the Noosa Plan 2020, the proposed
                                                    development does not require assessment against the Bushfire
                                                    Hazard Overlay Code no additional lots or roads will be created.




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5.2. Local Plan Code

The site falls within the Noosaville Local Plan in accordance with the Noosa Planning Scheme 2020. More specifically, the
site is located within the Noosa Business Centre of the local plan.
The Noosaville area generally is anticipated to be a vibrant urban setting which is defined by watercourses and bushland
edges. Development in the Noosaville area, in accordance with the Noosa Planning Scheme, is to reinforce the character
and identity of Noosaville whilst protecting and retaining the natural environment and landscapes. In particular, Noosa
Business Centre is to support a range of centre activities that meet the needs of locals across Noosa Shire with a major
focus on employment and development growth. Specifically, growth in development and employment is to focus on the
education, health and wellness, digital economy, environmental industries, and professional services sectors.
In understanding the intent of the Noosa Business Centre, and Noosaville Local Plan more generally, the proposed
development was assessed against section 7.2.4 of the planning scheme - Noosaville Local Plan Code. The proposed
boundary realignment more readily enables development and does not compromise the outcomes sought by the Local
Plan. A response to the Noosaville Local Plan Code has been undertaken and is provided in Appendix C.


5.3. Zone Code

As identified by the Noosa Planning Scheme 2020, the site is situated within the Major Centre Zone – 5A Business Park
Precinct. The Major Centre Zoning extends to the surrounding area; however, variation is seen in the Precinct areas. The
Business Park Precinct, as per the Noosa Planning Scheme, is to facilitate commercial office space for businesses and a
range of professional services including education, health and wellbeing, research and technology as well as other
knowledge-based industries.
Although the proposed boundary realignment does not incorporate any built-form elements, the realignment does
facilitate the compliance of a development for a Childcare Centre. The Childcare Centre establishes an education use as
anticipated by the Noosa Planning Scheme. Moreover, the realignment does not compromise the surrounding area or the
future viability of Lot 5 and 6. A response to the Major Centre Zone Code is included in Appendix C.


5.4. Local Government Infrastructure Plan

As identified by the Noosa Planning Scheme 2020 and relevant Council Mapping, the site is recognised as being within the
Priority Infrastructure Area boundary. No future trunk infrastructure works are indicated to be in proximity to the site and
as such, no additional matters are required to be addressed in relation to the Local Government Infrastructure Plan.



6. Conclusion
In summary, this report, and the supporting material, has provided an assessment of the proposed development in
accordance with requirements and framework of the Planning Act and applicable common law, and confirms that the
proposed development satisfies all relevant matters of assessment and is able to be approved.

On a balanced assessment, it is considered the facts and circumstances outlined within this report and the supporting
material are overall favourable to the approval of the proposed development. As such, it is recommended the proposed
development be approved, subject to reasonable and relevant conditions.

It is expected that reasonable and relevant conditions will be imposed on the development approval in accordance with
section 65 of the Planning Act.




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