Council archive · source document
SUPERSEDED - Decision Notice - Approved by Delegation of Authority MCU25 0060 (As Published) · MCU25/0060
Officer: Georgina Schramm
Direct Telephone: 07 53296569
Our Reference: MCU25/0060
Your Reference: 0718
12 December 2025
KM Collum & J Collum
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 8 December 2025, Council decided to approve the
application and issued a preliminary approval only, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU25/0060
Street address: Noosa Dunes 22/512 David Low Way Castaways Beach Qld 4567
Real property description: Lot 22 SP 111721
Planning Scheme: Noosa Plan 2020 (25 September 2020)
Plan of Development No.65
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Preliminary Approval for Material Change of Use – Dwelling House
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions Must Be Complied With
1. Amended plans and associated reports must be submitted to Council prior to any further
development applications being made and must include the following to the reasonable
satisfaction of the Manager, Development Assessment:
1.1. Reduction of the development’s total gross floor area of the Dwelling House to achieve
a floor area of 390m2 (inclusive of the garage) in accordance with the administrative
terms of gross floor area of the 1990 Schedule to the Planning Scheme.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 8
Document Set ID: 24373027
Version: 4, Version Date: 12/12/2025
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 7 pages
Page 2
1.2. Reduction of the development’s total site coverage to not exceed 40% (259.2m2) in
accordance with the administrative terms of site cover under both the 1990 Schedule
to the Planning Scheme and Noosa Plan 2020.
Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and lodged with Council by 8 December 2031, unless an application to extend
the currency period is approved by Council.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Referral agency State Assessment Schedule 10, Part 4, The agency provided its
Referral Agency Division 3, Table 1, Item response on 16 July
Level 4, Foundation 1 (Planning Regulation 2025. (Reference No.
Place 3 South Sea 2017) 2506-46614 SRA). A
Islander Way, copy of the response is
Maroochydore PO Box attached.
1129, Maroochydore
QLD 4558
6. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
7. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc. SARA at DILGP - [email protected]
Page 2 of 8
Document Set ID: 24373027
Version: 4, Version Date: 12/12/2025
Page 3
Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
Page 3 of 8
Document Set ID: 24373027
Version: 4, Version Date: 12/12/2025
Page 4
Document Set ID: 24373027 2506-46614 SRA SARA role: Referral agency SARA trigger: Schedule 10, Part 4, Division 3, Table 1, Item 1 (Planning Regulation 2017) Premises contaminated because of unexploded ordinance SARA reference: 2506-46614 SRA Assessment manager: Noosa Shire Council Street address: 512 David Low Way, Castaways Beach Real property description: Lot 22 on SP111721 Applicant name: KM Collum & J Collum C/- Pivotal Perspective Pty Ltd Applicant contact details: 4/59 Mary St Noosaville QLD 4566 [email protected] Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under considerations: the Human Rights Act 2019 has been undertaken as part of this decision. It has been determined that this decision does not limit human rights. Representations An applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules). Copies of the relevant provisions are in Attachment 4. A copy of this response has been sent to the applicant for their information. For further information please contact Rosanna Nobile, Planning Officer, on (07) 5352 9777 or via email [email protected] who will be pleased to assist. Yours sincerely | Jamaica Hewston Manager co KM Collum & J Collum C/- Pivotal Perspective Pty Ltd, [email protected] Attachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations about a referral agency response provisions State Assessment and Referral Agency Page 2 of 5 Version: 4, Version Date: 12/12/2025 Page 4 of 8
Page 5
2506-46614 SRA
Attachment 1—Referral agency conditions
approval relating to this application)
No. | Conditions Condition timing
Development Permit: Material change of use
10.4.3.1.1 — Contaminated land (unexploded ordnance) —The chief executive administering the
Planning Act 2016 nominates the Director-General of the Department of State Development,
Infrastructure and Planning to be the enforcement authority for the development to which this
development approval relates for the administration and enforcement of any matter relating to the
following condition:
1. Provide certification to the Department of State Development, Prior to the
Infrastructure and Planning at [email protected] commencement of
by an approved contractor on the Australian Government, works
Department of Defence, Unexploded Ordnance (UXO) Panel that
the:
(a) subject site has been remediated and cleared of unexploded
ordnances; or
(b) proposed use can be suitably managed on the site.
State Assessment and Referral Agency Page 3.065
Document Set ID: 24373027
Version: 4, Version Date: 12/12/2025
Page 5 of 8
Page 6
2506-46614 SRA Attachment 2—Advice to the applicant General advice 1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation or the State Development Assessment Provisions (SDAP) (version 3.2). If a word remains undefined it has its ordinary meaning. Provide the owner, occupier and any person employed to work on the subject site the following information: (a) Residual UXO may still exist following remediation and all work should proceed with due caution. (b) The procedure to be followed by any person finding an object suspected of being explosive ordnance or component thereof: i. advise the police immediately ii do not disturb the object iii. take action, where appropriate, to prevent it being disturbed by (c) Another person: i note its approximate dimensions and general appearance i. Note the route to its location. Applicants wanting to find out more details of area management advice (AMA), current UXO investigations and remedial search contractors, may use the following websites: « Department of Environment, Tourism, Science and Innovation - https:/www_des.qid.gov_au/ « Commonwealth Department of Defence - httpJ//www.defence.gov.au/uxo! State Assessment and Referral Agency Page 4065 Document Set ID: 24373027 Version: 4, Version Date: 12/12/2025 Page 6 of 8
Page 7
2506-46614 SRA
Attachment 3 —Reasons for referral agency response
(Geen under section 56{7) of the Planning Act 2076)
The reasons for the SARA's decision are:
* The proposal is for a development permit for a material change of use for dwelling house at 22/512
David Low Way, Castaways Beach, which is formally described as Lot 22 on SP111721.
« The subject site is located in an area with substantial unexploded ordnance potential.
* SARA assessed the development application against State code 13: Unexploded ordnance of the
State Development Assessment Provisions (SDAP). version 3.2.
* The development has been conditioned to comply with the assessment bench marks of State code
13 of SDAP (version 3.2) in that the development:
0 does not place another part of the environment, or human health, at risk as a consequence of
development.
Material used in the assessment of the application:
* the development application material and submitted plans
« Planning Act 2016
e Planning Regulation 2017
« the SDAP (version 3.2), as published by SARA
* the Development Assessment Rules
* SARA DA Mapping system
* section 58 of the Human Rights Act 2019
Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)
State Assessment and Referral Agency Page 50f5
Document Set ID: 24373027
Version: 4, Version Date: 12/12/2025
Page 7 of 8
Page 8
Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
Page 8 of 8
Document Set ID: 24373027
Version: 4, Version Date: 12/12/2025
Used in these records
SUPERSEDED - Decision Notice - Approved by Delegation of Authority MCU25 0060 (As Published).pdfRelated documentApplication case desk ↗
About this file
- File size
- 535 KB (small file)
- File type
No other editions are linked here.