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Generally In Accordance Report MCU20 0146 01 [As Published]
APPLICATION FOR CHANGES TO BE CONSIDERED GENERALLY IN ACCORDANCE WITH
DEVELOPMENT APPROVAL
Author Senior Development Planner, Tara Norley
Development Assessment
APPLICATION DETAILS
Application No. MCU20/0146.01
Applicant Ms Tara Jan Morris and Mr Donovan James Biss
Development Approval Material Change of Use - Generally in Accordance
Request Received On 6 December 2023
PROPERTY DETAILS
Property Address 503 Middle Creek Rd Federal Qld 4568
RP Description Lot 8 RP 835350
Land Area 15085
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Regional Landscape & Rural Production
Zone Rural
Precinct Not applicable
Local Area Plan Not applicable
Overlays Biodiversity, Waterways and Wetlands (Areas of biodiversity
significance, MSES Regulated Vegetation - Category R GBR
riverine, riparian buffer area)
Bushfire Hazard (Medium potential bushfire intensity, Potential
impact buffer
Assessment Type Generally in Accordance to Development Approval
1. PROPOSAL
The applicant seeks Council’s agreement that the following changes are generally in accordance
with the approved plans of development for the site:
• Adding an additional 6.5m2 ‘store’ area in lieu of the previous proposed open verandah.
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Document Set ID: 22733996
Version: 3, Version Date: 20/12/2023
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2. BACKGROUND
A development approval for a Development Permit for Material Change of Use of Premises
Dwelling and Secondary Dwelling in Riparian Buffer was issued on 25 June 2021.
The applicant suspended the appeal period and made representations on 6 July 2021 to the
development approval conditions. A Negotiated Decision notice was subsequently issued on 21
July 2021.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
The following codes from the Noosa Plan 2020 are applicable to the proposed changes:
• Rural Zone Code;
• Low Density Residential Use Code; and
• Biodiversity Overlay Code.
The applicant has provided amended plans that include an additional room located where a
verandah was previously proposed (refer to Figure 1).
Figure 1: Approved Dwelling
Figure 2: Proposed Dwelling
The proposal now constitutes a 38.2m2, one bedroom dwelling in accordance with secondary
dwelling requirements, and will result in no additional impacts on the riparian buffer area than those
addressed under the original application.
The development is considered generally in accordance with the development permit.
4. CONSULTATION
Not applicable
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Document Set ID: 22733996
Version: 3, Version Date: 20/12/2023
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5. CONCLUSION & REASONS FOR DECISION
The changes are considered minor and are in keeping with the approval and can be considered
generally in accordance with the approval. 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 generally in accordance request 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. MCU20/0146.01, seeking confirmation that the proposed changes
are considered generally in accordance with the Development Permit for Material Change of Use
of Premises Dwelling and Secondary Dwelling in Riparian Buffer situated at 503 Middle Creek Rd,
Federal described as Lot 8 RP 835350, Council on 18 December 2023 decided to confirm the
plans listed in the following table are considered generally in accordance with the development
approval.
Plan No. Rev Plan/Document Name Date
020-059 A-00-00 5 Cover Sheet, prepared by Mi Design Studio 23/11/2023
020-059 A-01-01 5 Proposed Site Plan, prepared by Mi Design Studio 23/11/2023
020-059 A-02-01 5 Ground Floor Plan, prepared by Mi Design Studio 23/11/2023
020-059 A-03-01 5 Roof Plan, prepared by Mi Design Studio 23/11/2023
020-059 A-04-01 5 Elevations, prepared by Mi Design Studio 23/11/2023
020-059 A-05-01 5 Perspectives, prepared by Mi Design Studio 23/11/2023
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Document Set ID: 22733996
Version: 3, Version Date: 20/12/2023