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Minor Change Report RAL24 0003 01 (As Published) · RAL24/0003.01
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
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Document Set ID: 24009176
Version: 3, Version Date: 12/08/2025
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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
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Document Set ID: 24009176
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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
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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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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
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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.
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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.
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Document Set ID: 24009176
Version: 3, Version Date: 12/08/2025
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