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Minor Change Report - MCU22 0196 01 & OPW22 0295 10 (As Published) · MCU22/0196.01

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Development Planner, Cameron Smith
                                       Development Assessment

                  APPLICATION DETAILS

                  Application No.                   MCU22/0196.01

                  Development Approval              Development Permit for Material Change of Use – Multiple
                                                    Dwelling (4 units);
                                                    Development Permit for Operational Works (Landscaping,
                                                    Stormwater & Earthworks).

                  Applicant                         Looroo Pty Ltd TTE

                  Request Received On               20 June 2024

                  Further Advice Request On         12 August 2024

                  Further Advice Response On 10 September 2024

                  Report Reviewed By                Nadine Gorton 17/10/2025

                  Decision Due Date                 18 July 2024

                  PROPERTY DETAILS

                  Property Address                  130-132 Gympie Tce Noosaville

                  RP Description                    Lot 3 MCH 3881

                  Land Area                         Lot 2 – 541m²
                                                    Lot 3 – 1040m²

                  Existing Use of Land              Multiple Dwelling (4 Units)

                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              Medium Density Residential

                  Precinct                          Not applicable

                  Local Area Plan                   Noosaville Local Plan Area

                  Overlays                          Land Subject to Acid Sulfate Soils Overlay
                                                    •     5m AHD or below
                                                    Flood Hazard Overlay
                                                    •     Flooding and Inundation Extent
                  Assessment Type                   Minor Change to Development Approval


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Document Set ID: 23145917
Version: 6, Version Date: 20/10/2025
Full text of the other 10 pages

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               1.     PROPOSAL
               The applicant seeks approval to change an existing development approval for a Multiple Dwelling
               - 4 Units (the ‘proposed development’) at 130-132 Gympie Terrace, Noosaville.
               The applicant has lodged a change application to resolve changes to the design which were
               undertaken after the original development permit was issued. The change application proposes
               the following amendments:
               •      Conversion of the ground floor bathroom into a powder room;
               •      Changes to landscaping treatments in rear courtyards of all units, reducing the landscaping
                      area however remaining compliant with relevant zone code provisions;
               •      Changes to the basement footprint extent adjoining the eastern and western (side)
                      setbacks, however no encroachments into setbacks are proposed;
               •      Changes to layout configurations in basements;
               •      Administrative corrections to section plan labelling.
               The changes proposed overall do not introduce additional non-compliance with the scheme
               provisions.
               The locality and proposal plan are included below.




                                                        Figure 1 – Locality




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                                         Figure 2 – Basement Layout Plan




                                       Figure 3 – Proposed Ground Floor Plan


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                                       Figure 4 – Proposed Upper Floor Plan




                                          Figure 5 – Proposed Roof Plan

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                                       Figure 6 – Elevations




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                                                        Figure 7 – Sections

               2.     BACKGROUND
               A preliminary approval for a multiple dwelling of 4 units and associated operational works was
               issued on 27 July 2023.
               A condition was included in the preliminary approval requiring amended plans to be submitted
               before the issue of a development permit and full set of operational works conditions. The condition
               required amendments in relation to landscaping, eaves, removal of retractable screens and step
               free access, together with the requirement to backfill the basement level.
               The applicant suspended the appeal period and made representations on 9 August 2023 to the
               preliminary approval conditions. Council met with the applicant on 29 August 2023 to discuss the
               change representations and to request further amended plans regarding issues with landscaping,
               engineering plans and eave calculations.
               The applicant provided further plans, which addressed many of the amendments required and
               accordingly it was agreed to change the Preliminary Approval to a Development Permit.


               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
               •      The Noosa Plan 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 changes will
                      not result in a dramatically different building form;
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Document Set ID: 23145917
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               •       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;
               •       where the original application was code assessable, the change would not cause the
                       application to become impact assessable.
               3.3. Statutory Instruments – Planning Scheme
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •       Medium Density Residential Zone Code;
               •       Noosaville Local Plan Code;
               •       Dual Occupancy and Multiple Dwelling Code;
               •       Works Codes;
               •       Acid Sulfate Soils Overlay Code;
               •       Flood Hazard Overlay Code.


                Criteria                   Planning Scheme         Existing Approval    Current Proposal      Comply

                Plot ratio                 0.4:1 max.              <:1                  0.4:1                 

                Site cover                 40% max                 <%                   39.8%                 

                Landscape open space 40% (632.4m² min)             655m²                649m2 (61%)           
                                           min    60%      total
                                           (379.44m2)                                                         
                Soft landscaping                                   45% (296.8m²)        248m2 (41%)

                                           2m min from front                                                  X (ex)
                Landscaping Setbacks                         1.2 – 2.6m                 1.5m – 2.0m
                                           boundary

                Building height
                •     storeys              2 storeys max           2 storeys            2 storeys             
                •     metres               8m                      8.5m                 8.5m                  X (ex)

                Basement Setbacks
                   • Frontage              6m min                  6m                   6m                    
                   • Side (north)          1.5m min                1.5m                 1.5m                  
                   • Side (south)          1.5m min                1.5m                 1.5m                  

                   • Rear                  6m min                  6m                   6m                    

                Boundary setbacks
                   • Frontage              6m min                  9m                   No changes            
                   • Side (north)          1.5/2.0/2.5m min        1.52/2m                                    
                   • Side (south)          1.5/2.0/2.5m min        1.59/2m                                    

                   • Rear                  6m min                  6-8.6m                                     

                Length of wall             15m max                 <15m                 <15m                  



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Document Set ID: 23145917
Version: 6, Version Date: 20/10/2025

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                Roof Form
                 • Pitch                  Min 5 degrees         > 5 degrees            >5 degrees            
                 • Eaves                  Min 600mm to 75% 600mm to <75%               <75%                  X (ex)

                Private Open Space        Ground Floor       – Unit 1 – 150m²          Unit 1 – >100m²       
                                          25m² min                                                           
                                                                Unit 2 – 142m2         Unit 2 – >100m2
                                                                Unit 3 – 145m2         Unit 3 – >100m2       
                                                                Unit 4 – 175m2         Unit 4 – >100m2       


                                          Upper Floor – 12m2
                                                             U1 – 22m²
                                          min
                                                             U2 – 24m2
                                                                U3 – 22m2
                                                                U4 – 25m2

                Carparking                2 covered per unit    2 covered per unit     2 covered per unit    
                                          1 additional min      1 uncovered visitor 1 uncovered space        
                                                                space
               Assessment:
               The previous approval (MCU22/0196) assessed and approved a number of non-compliances
               which have since been constructed:
                    • Building height approved at 8.535m to the apex of the roof.
                    • Roof form incorporated eaves to less than 75% of the total perimeter.
                    • Landscaped setbacks to the frontage reduced to less than 2m from the front boundary for a
                      small portion of the site to allow for an appropriately screened bin store enclosure.
               The proposed changes have resulted from modifications to the building made between the council
               approval and building approval stages. These changes are generally considered minor and do not
               alter the approved conditions currently in effect.
               The applicant also seeks approval to convert the ground floor bathroom into a powder room which
               requires deletion of condition 10 which states:
                    10. One of the four (4) Multiple Dwelling units is to be:
                    a. accessible by a safe, continuous and step free path of travel from the street entrance of
                    the property or from a car parking space;
                    b. has a step-free entrance door with opening width of at least 820 millimetres; and
                    c. contains a bathroom on the entry level.

               The condition reflects AO9 of the Dual Occupancy and Multiple Dwelling Code. The corresponding
               Performance Outcome details that Multiple dwellings are to enable people with limited mobility to
               access the building. The applicant has included a lift that enables people with limited accessibility
               to access the upper level bathroom whilst still providing a powder room on the ground floor. The
               change is considered acceptable.
               Changes to Conditions:
               The applicant has not requested any changes to conditions through application material provided.
               Several conditions will be required to be amended as a result of the minor change including deletion
               of condition 10.



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Document Set ID: 23145917
Version: 6, Version Date: 20/10/2025

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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 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. MCU22/0196.01 and OPW22/0295.01, to make a minor change to
               an existing approval for a Development Permit for Material Change of Use – Multiple Dwelling (4
               units) and Development Permit for Operational Works (Landscaping, Stormwater & Earthworks;
               situated at 130 & 132 Gympie Tce Noosaville described as Lots 2 & 3 MCH 3881, Council on 14
               October 2025 decided to:
               A.     Approve the change to MCU22/0196.01 and amend condition 3 to read as follows
                                                    MATERIAL CHANGE OF USE
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the tables below.

                         Plan No.          Rev.   Plan/Document Name                            Date

                        C1.0               -      Basement Floor Plan, prepared by Chris 09-09-25
                                                  Clout Design

                        C1.1               -      Ground Floor Plan, prepared by Chris Clout 09-09-25
                                                  Design

                        C1.2               -      Upper Floor Plan, prepared by Chris Clout 09-09-25
                                                  Design

                        C1.3               -      Roof Plan, prepared by Chris Clout Design     09-09-25

                        C2.0               -      Elevations, prepared by Chris Clout Design    09-09-25

                        C3.0               -      Sections, prepared by Chris Clout Design      09-09-25

                        C3.1               -      Sections, prepared by Chris Clout Design      09-09-25


               B.     Delete condition 10 as the applicant has provided a lift that enables access for people with
                      limited mobility to upper levels.
               C.     Approve the change to OPW22/0295.01 - Operational Works (Landscaping, Stormwater &
                      Earthworks and amend condition 1 to read as follows




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Document Set ID: 23145917
Version: 6, Version Date: 20/10/2025

Page 10

                                                     OPERATIONAL WORKS
                      Approved Plans
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development.

                        Plan No.          Rev.   Plan/Document Name                        Date

                        32225-OW3.1       B      Earthworks Plan                           6    September
                                                                                           2023
                                                 prepared by SCG Consulting

                        32225-OW3.2       A      Earthworks Sections                       6    September
                                                                                           2023
                                                 prepared by SCG Consulting

                        32225-OW4.1       B      Driveway & Access Plan                    6    September
                                                                                           2023
                                                 prepared by SCG Consulting

                        32225-OW4.2       B      Driveway Levels                           6    September
                                                                                           2023
                                                 prepared by SCG Consulting

                        32225-OW4.3              Driveway Details                          September
                                                                                           2022
                                                 prepared by SCG Consulting

                        32225-OW6.1              Signage Plan                              September
                                                                                           2022
                                                 prepared by SCG Consulting

                        32225-SW1.1       B      Stormwater Management Plan                6    September
                                                                                           2023
                                                 prepared by SCG Consulting

                        32225-SW1.2              Stormwater Details                        September
                                                                                           2022
                                                 prepared by SCG Consulting

                        CD-000            B      Cover Sheet, prepared by, Project Urban   19/09/2023
                                                 As-Con Markup Annotated by Project
                                                 Urban

                        CD-001            A      Specification Notes, prepared by, Project 23/06/2023
                                                 Urban

                        CD-100            B      Basement Floor Plan, prepared by, Project 19/09/2023
                                                 Urban
                                                 As-Con Markup Annotated by Project
                                                 Urban

                        CD-101            C      Ground Floor Plan, prepared by, Project 22/09/2023
                                                 Urban
                                                 As-Con Markup Annotated by Project
                                                 Urban

                        CD-102            B      Upper Floor Plan, prepared by, Project 22/09/2023
                                                 Urban


                                                                                              Page 10 of 11

Document Set ID: 23145917
Version: 6, Version Date: 20/10/2025

Page 11

                        CD-200                A   Construction Details, prepared by, Project 23/06/2023
                                                  Urban


               C.     Delete condition 10a.




                                                                                               Page 11 of 11

Document Set ID: 23145917
Version: 6, Version Date: 20/10/2025

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