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Minor Change Report RAL24 0003 01 (As Published) · RAL24/0003.01

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



                  APPLICATION DETAILS

                  Application No.                   RAL24/0003.01

                  Development Approval              Development Permit for Reconfiguring a Lot – 1 into 2 lots

                  Applicant                         Karen Margaret Loy and Romildo John Raveane

                  Request Received On               29 July 2025

                  Report Reviewed By                12.08.25 Will Lowe

                  Decision Due Date                 26 August 2025

                  PROPERTY DETAILS

                  Property Address                  41 Tallowwood Pl Black Mountain

                  RP Description                    Lot 36 RP 897845

                  Land Area                         24,820m²

                  Existing Use of Land              Dwelling House

                  STATUTORY DETAILS

                  SEQRP Designation                 Rural Living Area

                  Zone                              Rural Residential

                  Precinct                          Not Applicable

                  Local Area Plan                   Not Applicable

                  Overlays                          Biodiversity, Waterways & Wetlands
                                                    •    Area of Biodiversity Significance
                                                    Bushfire Hazard
                                                    •    Medium Potential Bushfire
                                                    •    Potential Impact Buffer
                                                    Landslide Hazard
                                                    •    High Hazard Area
                                                    •    Moderate Hazard Area
                  Assessment Type                   Minor Change to Development Approval




                                                                                                       Page 1 of 7

Document Set ID: 24009176
Version: 3, Version Date: 12/08/2025
Full text of the other 6 pages

Page 2

               1.     PROPOSAL
               The applicant seeks approval to make a minor change to an existing Development Permit for
               Reconfiguring a Lot – 1 into 2 lots.
               The proposal seeks to alter condition 8 of the existing approval which relates to the requirement to
               fence a section of the Vegetation Protection Covenant Area which burdens Lot 362 of the approved
               reconfiguration of a lot approval at 41 Tallowwood Place, Black Mountain (the ‘subject site’).
               The applicant submits that the fencing conditioned as part of the original approval provides little
               utility in preserving environmental values and has the opposite effect in that a proposed dog proof
               fence would restrict natural foraging, movement and refuge processes and further, may reduce the
               ongoing management of the reserve by restricting reasonable access to the Vegetation Protection
               Covenant Area.
               The application does not propose any additional development aspects or improvements and is
               seeking administrative (conditional) changes only. Council generally supports the request made
               by the applicant which will be appropriately conditioned through a change to condition 8 and plan
               annotations.
               The locality and proposal plan are included below.




                                                        Figure 1 – Locality




                                                 Figure 2 – Existing Approved Plan


                                                                                                      Page 2 of 7

Document Set ID: 24009176
Version: 3, Version Date: 12/08/2025

Page 3

               2.     BACKGROUND
               A development approval for a Reconfiguring a Lot – 1 into 2 lots was approved on 23 July 2024,
               this approval required amended plans be provided in accordance with condition 3.
               An amended plan (Plan of Reconfiguration) was provided and subsequently endorsed by Council
               on 16 September 2024.
               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
               •      Noosa Plan 2020 (25 September 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;
               •      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 original application was lodged and assessed under the current Noosa Plan 2020.
               The following codes from Noosa Plan 2020 are applicable to this development:
               •    Rural Residential Zone Code;
               •    Reconfiguring a Lot Code;
               •    Works Codes;
               •    Biodiversity, Waterways & Wetlands Code
               •    Bushfire Hazard Code
               •    Landslide Hazard Name Overlay Code
               Existing Condition 8
               Fencing to Protected Land
               8.     A permanent fence must be constructed along the entire length of the interface of proposed
                      Lot 362 with the Vegetation Protection Covenant area. The fence must be constructed in
                      accordance with an Operational Works approval and must be to the following specifications:
                      a.      Min 1.5 metres high
                      b.      Dog proof
                      c.      Constructed of fireproof materials


                                                                                                     Page 3 of 7

Document Set ID: 24009176
Version: 3, Version Date: 12/08/2025

Page 4

               Applicant’s Request
               The applicant has requested existing condition 8 be amended to propose identification markers for
               the internal covenant interface in lieu of providing the required dog proof fencing, with justification
               provided as follows:
               Impacts to Native Fauna
               •      Reduced wildlife access to Feeding areas;
               •      Limits access to water sources;
               •      Obstruction from refuge zones;
               •      Introduces risk of injury to macropods from entanglement in fencing.
               Obstruction to Future Revegetation Work
               •      Fence would potentially hinder access for workers involved in a 3-year revegetation project.
               •      Eastern boundary is the most accessible entry point, which would be blocked.
               Visual and Environmental Impact
               •      Proposed fencing is considered tall and unsightly;
               •      Is out of character with surrounding open-plan properties;
               •      Detracts from the natural bushland aesthetics.
               Assessment of Request
               Based on the proposed alternative solution, Council supports the applicants change to Condition
               8 and recommends amendment to the condition to reflect the alternative solution.
               The alternative solution to install hardwood posts retains the natural landscape amenity while
               providing future demarcation of the covenant area to landowners of lot 362. Annotations will be
               provided on the approved plan to reflect the proposed change to development permit.




                                  Figure 3 – Approved Vegetation Protection Covenant Area and aerial imagery

               Recommendation
               It is recommended existing condition 8 be amended to read as follows:
               Identification of Vegetation Protection Covenant Area
               8.     To ensure long-term environmental protection and clear identification of the Vegetation
                      Protection Covenant Area, a minimum of three decorative hardwood posts must be installed
                      along the boundary where Lot 362 interfaces with the Vegetation Protection Covenant Area:
                      a.      Posts must be spaced evenly and positioned at the midpoint and ends of the internal
                              interfacing boundary;
                      b.      Each post must be a minimum of 500mm above natural ground level to maintain a
                              visually identifiable and prominent demarcation;

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Document Set ID: 24009176
Version: 3, Version Date: 12/08/2025

Page 5

                      c.       Posts must be constructed from durable, sustainably sourced hardwood and
                               maintained in good condition in perpetuity.



               Existing Condition 3
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the tables below. The plans must be amended to incorporate
                      the amendments listed within the table below and resubmitted to Council prior to the issue
                      of any Development Permit for Operational Works*.

                           Plan No.       Rev.     Plan/Document Name                            Date

                           -              -        -

                      The following plans require amendment.

                           Plan No.       Rev.           Plan/Document Name                       Date

                           23-6047AB      Addendum      Plan of Reconfiguration of Lot 36 on 22/05/24
                                          1             R897845 prepared by Max Watterson 7
                                                        Associates

                           Amendments     The plans must be amended to:
                                          •   Identify a vegetation covenant area (as annotated by council), and
                                          •   Identify the approved driveway alignment as identified in Geo-
                                              Environmental Investigation prepared by Tectonic Geotechnical &
                                              Environmental Engineers and dated 22 May 2023 and further
                                              letter dated 3 June 2024.
               Applicant’s Request
               No changes requested by applicant.
               Assessment of Request
               The previous approval required amended plans be provided following the issuing of the original
               decision notice. This requested plan was provided and subsequently endorsed by Council. The
               current minor change presents opportunity to update and formalise the amended plan to reflect the
               endorsed amendment while also including a Council annotation to reflect introduction of
               demarcation posts subject to this decision.
               Recommendation
               It is recommended that the existing condition 3 be amended to read as follows:
                      Approved Plans
               4.     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

                           23-6047AB      Addendum      Plan of Reconfiguration of Lot 36 on 14/08/24
                                          2             R897845
                                                        Prepared by Max Watterson & Associates
                                                        Annotated by Council


                                                                                                     Page 5 of 7

Document Set ID: 24009176
Version: 3, Version Date: 12/08/2025

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               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •    Senior Environment Officer, Development Assessment
               The submitted changes which include the amended conditions and plans reflect a supported
               outcome which retains identification of the Vegetation Protection Covenant Area in reasonable
               perpetuity.
               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 83(9) of the Planning Act 2016.




                                                                                                     Page 6 of 7

Document Set ID: 24009176
Version: 3, Version Date: 12/08/2025

Page 7

               RECOMMENDATION
               With regard to Application No. RAL24/0003.01 to make a minor change to an existing approval for
               a Development Permit for Reconfiguring a Lot – 1 into 2 lots situated at 41 Tallowwood Pl Black
               Mountain and described as Lot 36 RP 897845, Council on 12 August 2025 decided to:
               A.     Approve the change.


               B.     Amend conditions 3 and 8 to read as follows:
                      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

                           23-6047AB       Addendum       Plan of Reconfiguration of Lot 36 on 14/08/24
                                           2              R897845
                                                          Prepared by Max Watterson & Associates
                                                          Annotated by Council


                      Identification of Vegetation Protection Covenant Area
               8.     To ensure long-term environmental protection and clear identification of the Vegetation
                      Protection Covenant Area, a minimum of three decorative hardwood posts must be installed
                      along the boundary where Lot 362 interfaces with the Vegetation Protection Covenant Area:
                      a.      Posts must be spaced evenly and positioned at the midpoint and ends of the internal
                              interfacing boundary;
                      b.      Each post must be a minimum of 500mm above natural ground level to maintain a
                              visually identifiable and prominent demarcation;
                      c.      Posts must be constructed from durable, sustainably sourced hardwood and
                              maintained in good condition in perpetuity.




                                                                                                     Page 7 of 7

Document Set ID: 24009176
Version: 3, Version Date: 12/08/2025

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