132004.4552.01 - PLANNING AND ENVIRONMENT COURT APPEAL D114 OF 2025 FOR MINOR CHANGE TO A DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A DUPLEX DWELLING AT 1/27 DUKE STREET, SUNSHINE BEACH · Report

PLANNING & ENVIRONMENT COMMITTEE MEETING                                          9 DECEMBER 2025


7.3         132004.4552.01 - PLANNING AND ENVIRONMENT COURT APPEAL D114
            OF 2025 FOR MINOR CHANGE TO A DEVELOPMENT PERMIT FOR A
            MATERIAL CHANGE OF USE FOR A DUPLEX DWELLING AT 1/27 DUKE
            STREET, SUNSHINE BEACH


Author             Development Assessment Manager, Patrick Murphy
                   Development & Regulation Department
Index              ECM/ Application/ 132004.4552.01/ Case/ Pace Planning
Attachments        1.   ATTACHMENT 1 - 132004.4552.01 - OFFICERS REPORT
                   2.   ATTACHMENT 2 - 132004.4552.01 - PROPOSAL PLANS




EXECUTIVE SUMMARY
This report advises Council that an appeal has been lodged against the refusal of a minor change to
an existing approval for Material Change of Use (Duplex Dwelling). The application seeks to develop
additions to one of the dwellings which results in significant non-compliance with the permitted gross
floor area. The development was originally approved under 1990 planning scheme which permitted
a plot ratio of 0.45:1, the proposal seeks a plot ratio of 0.54:1. It is noted that under the Noosa Plan
2020 a plot ratio of 0.4:1 is permitted and duplex developments within the surrounding area have
been developed with a plot ratio of 0.45:1.
The refusal identified that the development as proposed would reduce the characteristic look and
feel of the residential neighbourhood by establishing a scale of development that conflicts with the
scheme and the surrounding area as a result of enclosing existing functional outdoor use areas
which are currently articulated, lightweight, and suited to the subtropical design. Therefore, the
matter is in order for Council to defend the appeal.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning and
Environment Committee Meeting dated 9 December 2025 regarding Planning & Environment Court
Appeal D114 of 2025 and agree to defend the appeal.