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Minor Change Report MCU21/0228.02 & OPW21/0364.02
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Senior Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No. MCU21/0228.02
Development Approval MCU21/0228.01 & OPW21/0364.01
Applicant Altum Property Group C/-JFP Consultants
Request Received On 30 September 2024
Report Reviewed By Patrick Murphy
19.11.2025
PROPERTY DETAILS
Property Address 245 David Low Way Peregian Beach Qld 4573
RP Description Lot 22 P 9315
Land Area 581.8m2
Existing Use of Land Dual Occupancy & Office
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Area Plan Coastal Communities
Overlays Acid Sulfate Soils
Assessment Type Minor Change to Development Approval
1. PROPOSAL
The applicant seeks approval to change to an existing development approval for the purpose of
addressing areas of noncompliance identified at a Compliance Inspection for the purpose of
facilitating plan seal and associated bond return.
Several non-compliances were identified, the areas requested to form part of the minor change
includes the following:
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1. juliet-style balcony with glass sliding doors along southern elevation of Unit 2.
2. inclusion of upper-level attic/room within Unit 2.
3. enclosure of “Bal 2” on the southern side of Unit 2.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Proposed Floor Plans (incl. detail of attic)
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Figure 3 – Elevations (incl. Juliet style balcony)
Figure 4 – Section Plans (incl. dimension detail of attic/room)
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Figure 5 – Photograph of access to attic/room
Figure 6 – Photograph of area within attic/room
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Figure 7 – Photograph of balcony enclosed
2. BACKGROUND
A development approval for a Material Change of Use – Dual Occupancy & Office & Operational
Works – Roadwork, Drainage Work, Landscaping, Stormwater & Earthworks, was approved on 18
August 2022.
Through the course of the minor change application there have been numerous conversations held
in regards to the suitability of the attic/room and screening of “Bal 2”.
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;
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• 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 as the proposal does
not:
o involve a new use; or
o result in the application applying to a new parcel of land; or
o dramatically change the built form in terms of scale, bulk and appearance; or
o change the ability of the proposed development to operate as intended; or
o remove a component that is integral to the operation of the development; or
o significantly impact on traffic flow and the transport network, such as increasing traffic
to the site; or
o introduce new impacts or increase the severity of known impacts; or
o remove an incentive or offset component that would have balanced a negative impact
of the development; or
o impact on infrastructure provisions.
• 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 same scheme that is currently in
effect.
The following codes from Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Coastal Communities Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Business Activities Code;
• Works Code; and
• Acid Sulfate Soils Overlay.
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Juliet Balcony Unit 2 & Attic Space
Existing Condition 1 – Approved Plans
When Conditions must be Complied With
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
1622-DA02 08 Floor Plans, prepared by Blackburn 8 August 2022
Jackson
1622-DA03 07 Elevations, prepared by Blackburn Jackson 8 August 2022
1622-DA04 07 Section, prepared by Blackburn Jackson 8 August 2022
1622-DA05 07 Section, prepared by Blackburn Jackson 8 August 2022
1622-DA06 07 Landscape Area Plans, prepared by 8 August 2022
Blackburn Jackson
1622-DA07 08 Site Cover & Height, prepared by Blackburn 8 August 2022
Jackson
1622-DA08 07 Materials & Finishes, prepared by 8 August 2022
Blackburn Jackson
1622-DA09 07 Perspectives, prepared by Blackburn 8 August 2022
Jackson
1622_L01-01_C C Landscape Notes & Schedules, prepared 20 November
by Blackburn Jackson 2023
(Annotated by Council)
1622_L03-01_C C Landscape Planting Plans, prepared by 20 November
Blackburn Jackson 2023
(Annotated by Council)
1622_L07-01_01 01 Landscape Details, prepared by Blackburn 19 May 2022
Jackson
Applicant’s Request
Juliet balcony
The applicant has requested existing condition 1 be amended to reflect the revised plans to detail
the juliet balcony along the southern elevation of Unit 2.
Attic space
Through conversations with the applicant, the below was concluded - The upper level attic - our
client is willing to accept a condition which precludes additional GFA in the roof cavity provided
they're given 12mths to undertake the necessary works. Our client suggests that the most practical
means to eliminate the use of this space is to permanently enclose this space, whilst ensuring
there is no possible way of accessing this space (ie via a manhole).
Balcony 2
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The applicant has requested the retention of the existing balcony’s screening element on the
southern boundary.
As discussed, the screen we have installed to Unit 2 Balcony 2 clothes line area is circa 50% open
screening, in compliance with Condition 18. This deck is not enclosed with shutters, louvres or
Glass panelling, so it is also compliant with Condition 14.
From an NCC perspective it is an unenclosed balcony, therefore it does not constitute GFA as it
is not a habitable room due to only screening on one side.
Again, we are of the opinion that the screening to Balcony 2 is compliant with the approval. If you
can find a definition that proves otherwise, please advise where this definition is?
Assessment of Request
Juliet Balcony – Agree
The development remains within the site cover parameters of the scheme and has suitably
addressed overlooking. The juliet balcony is not a functional space, acting as an extension to
bedroom.
Attic Space – Agree subject to conditioning
The current built form of the “attic space” results in an additional 58m2 of gross floor area.
Through the assessment it was mutually agreed with the applicant that the upper level constituted
gross floor area and that works is required to be undertaken so that it no longer constitutes gross
floor area.
Accordingly, the development is required to be amended such that the air conditioning system no
longer services the space and that access to the area is removed.
Balcony 2 – Refuse
The screen is required to be altered as the space contributes to gross floor area, the development
includes an enclosed private balcony, refer to the below definition.
gross floor area for a building, means the total floor area of all storeys of the building, measured
from the outside of the external walls and the centre of any common walls of the building, other
than areas used for—
a) building services, plant or equipment; or
b) access between levels; or
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c) a ground floor public lobby; or
d) a mall; or
e) parking, loading or manoeuvring vehicles; or
f) unenclosed private balconies, whether roofed or not.
The applicant’s position that the area is not enclosed is not supported, the area has solid walls on
three sides with the fourth side consisting of a significant screen which encloses that side and
provides protection from the elements.
The application has been conditioned to comply with plot ratio the increased gross floor area
attributed to the current built form results in non-compliance with this condition.
Alterations are required to demonstrate the space is unenclosed private balcony while screening
the clothesline, in this regard a screen at 50% of the current screen height would be supported and
has been conditioned accordingly.
Recommendation
It is recommended existing condition 1 be amended to read as follows:
When Conditions must be Complied With
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
1622-DA02 08 Floor Plans, prepared by Blackburn 8 August 2022
11 Jackson
06-11-24
1622-DA03 07 Elevations, prepared by Blackburn Jackson 8 August 2022
08 24-09-24
1622-DA04 07 Section, prepared by Blackburn Jackson 8 August 2022
1622-DA05 07 Section, prepared by Blackburn Jackson 8 August 2022
08 06-11-24
1622-DA06 07 Landscape Area Plans, prepared by 8 August 2022
Blackburn Jackson
1622-DA07 08 Site Cover & Height, prepared by Blackburn 8 August 2022
Jackson
1622-DA08 07 Materials & Finishes, prepared by 8 August 2022
Blackburn Jackson
1622-DA09 07 Perspectives, prepared by Blackburn 8 August 2022
Jackson
1622_L01-01_C C Landscape Notes & Schedules, prepared 20 November
by Blackburn Jackson 2023
(Annotated by Council)
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1622_L03-01_C C Landscape Planting Plans, prepared by 20 November
Blackburn Jackson 2023
(Annotated by Council)
1622_L07-01_01 01 Landscape Details, prepared by Blackburn 19 May 2022
Jackson
The following additional conditions are included:
45A. Access to the attic must be limited to a manhole only.
45B. There must be no air-conditioning servicing the attic.
45B. By March 1, 2026 “BAL 2” screening as shown on the southern elevation of Unit 2 must be
amended so that it does not exceed 50% floor to ceiling height.
The Development Assessment Team is to be notified on completion of works required by
conditions 45A, 45B and 45C.
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 83(9) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. MCU21/0228.02 to make a minor change to an existing approval
for Material Change of Use – Dual Occupancy & Office situated at 245 David Low Way Peregian
Beach Qld 4573 and described as Lot 22 P 9315, Council on 20 November 2025 decided to:
A. Approve the change in part.
B. Amend conditions 1 to read as follows:
When Conditions must be Complied With
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
1622-DA02 11 Floor Plans, prepared by Blackburn 06-11-24
Jackson
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1622-DA03 08 Elevations, prepared by Blackburn Jackson 24-09-24
(Annotated by Council)
1622-DA04 07 Section, prepared by Blackburn Jackson 8 August 2022
1622-DA05 08 Section, prepared by Blackburn Jackson 06-11-24
1622-DA06 07 Landscape Area Plans, prepared by 8 August 2022
Blackburn Jackson
1622-DA07 08 Site Cover & Height, prepared by Blackburn 8 August 2022
Jackson
1622-DA08 07 Materials & Finishes, prepared by 8 August 2022
Blackburn Jackson
1622-DA09 07 Perspectives, prepared by Blackburn 8 August 2022
Jackson
1622_L01-01_C C Landscape Notes & Schedules, prepared 20 November
by Blackburn Jackson 2023
(Annotated by Council)
1622_L03-01_C C Landscape Planting Plans, prepared by 20 November
Blackburn Jackson 2023
(Annotated by Council)
1622_L07-01_01 01 Landscape Details, prepared by Blackburn 19 May 2022
Jackson
C. Include the following additional conditions:
Additional Conditions – 20 November 2025 - MCU21/0228.02
45A. By March 1, 2026, access to the attic must be limited to a manhole only.
45B. By March 1, 2026, there must be no air-conditioning servicing the attic.
45C. By March 1, 2026, “BAL 2” screening as shown on the southern elevation of Unit 2 must be
amended so that it does not exceed 50% floor to ceiling height.
The Development Assessment Team must be notified on completion of works required by
conditions 45A, 45B and 45C.
D. Refuse the retention of the screening to “BAL 2” for the following reasons:
a. The proposed screening results in additional gross floor area and does not comply
with Performance Outcome PO11 of the Medium Density Residential Zone Code
and condition 2 the approval.
b. Enclosure of the balcony alters the external appearance of the building and results
in additional bulk and a development scale beyond the anticipated scale of
development within the zone.
c. The associated dwelling would no longer be a ‘small dwelling’ meaning the small
dwelling ratio would not be achieved to benefit from the approved 0.5:1 plot ratio.
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Document Set ID: 23377087
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Used in these records
Minor Change Report MCU21/0228.02 & OPW21/0364.02Related documentApplication case desk ↗
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