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Decision Notice - Approved by Delegation of Authority MCU26 0001 - AS PUBLISHED · MCU26/0001
Officer: Georgina Schramm
Direct Telephone: 07 5329 6245
Our Reference: MCU26/0001
OPW26/0002
Your Reference: 0840
10 September 2026
Made Capital
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 9 September 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU26/0001 & OPW26/0002
Street address: 17 Bottlebrush Ave, Noosa Heads Qld 4567
Real property description: Lot 143 RP 88934
Planning Scheme: Noosa Plan 2020 (Amendment 2 - 26 September 2025)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Multiple Dwelling (3 x small dwellings,
1 x dwelling)
• Development Permit for Operational Works - Drainage Work, Stormwater, Earthworks &
Landscaping
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (MCU26/0001)
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Currency Period
2. This development approval lapses if the use has not happened 9 September 2031 by unless
an application to extend the currency period is approved by Council.
Approved Plans
3. Where there is any conflict between the conditions of this approval and the details shown on
the approved plans and documents, the conditions of approval prevail.
4. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
The plans must be amended to incorporate the amendments listed within the table below
and resubmitted to Council a minimum of 10 day prior to the pre-start meeting.
Plan No. Rev. Plan/Document Name Date
DA1.03 F Design Strategy prepared by Blackwood 28/07/2026
DA1.06 F Site Plan prepared by Blackwood 28/07/2026
Annotated by Council
DA2.01 F Basement prepared by Blackwood 28/07/2026
DA2.03 F Level One prepared by Blackwood 28/07/2026
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
DA2.02 F Ground prepared by Blackwood 28/07/2026
DA2.04 F Level Two prepared by Blackwood 28/07/2026
DA2.05 F Roof Terrace prepared by Blackwood 28/07/2026
DA3.01 F North Elevation prepared by Blackwood 28/07/2026
DA3.02 F East & West Elevations prepared by 28/07/2026
Blackwood
DA3.03 F South Elevation prepared by Blackwood 28/07/2026
DA4.01 F Section A & B prepared by Blackwood 28/07/2026
DA4.02 F Section C prepared by Blackwood 28/07/2026
DA4.03 F Section D & E prepared by Blackwood 28/07/2026
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DA6.01 F Renders prepared by Blackwood 28/07/2026
DA6.02 F Renders prepared by Blackwood 28/07/2026
Amendment 1 Revise plans illustrating a 1.5m side boundary setback to Unit 1 and
Unit 2, measured from the outer edge of the terrace balustrade to the
side boundary.
Amendment 2 Revise plans showing a screening device along Unit 3’s southern
terrace to filter overlooking opportunities between properties. The
screening device is not to extend the full length of the elevation and
must not result in a space contributing to gross floor area.
Amendment 3 Revise the plans to reduce the extent of built form on the rooftop
terrace by minimising the staircase structure and reducing the floor-
to-ceiling height to the minimum extent necessary, to the satisfaction
of Council.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
5. The approved use is for the purpose of a Multiple dwelling development, consisting of 3 small
dwellings and 1 larger dwelling.
Building Height
6. The maximum height of the development must not exceed 12 metres above the ground level.
7. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
pre-start meeting. The cash bond or trading bank guarantee will be returned on performance
of the conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or guaranteed
sum to effect compliance with conditions.
Street Identification
9. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Building Appearance
10. External design features, materials and finishes must be as shown on the Approved Plans
(refer to approved Materials and Finishes Palette), with no inclusions or alterations made
without approval in writing by Council.
11. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
12. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures, except where required to satisfy any privacy
condition of this Decision Notice.
13. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
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Fencing and Walls
14. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
and articulated to provide visual interest by stepping the design. Any fencing on the front
boundary must either:
a. not exceed a maximum height of 1.2 metres
b. be of open construction.
15. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Protection of Privacy
16. The upper-level balconies located on the northern and southern elevations of the building
must include either balcony planter boxes, non-transparent balustrading, positioned in such
a way to obscure direct views into the habitable room windows or private open space areas
of the adjoining property.
Waste Management
17. A waste storage area must be designed and maintained in accordance with Planning
Scheme Policy PSP9 Waste Management and the Noosa Plan’s Waste Management Code.
The waste storage area must be:
a. imperviously paved and correctly sized for all refuse and recycling containers;
b. bunded and graded so that wastewater and bin leakage drain to the sewer;
c. provided with a conveniently located hosecock and backflow prevention device,
connected to a water supply to service the area; and
d. roofed or otherwise covered.
Water & Sewer Connections
18. An underground connection to reticulated water and sewerage must be provided to the
premises in accordance with the standards and requirements of Northern SEQ Distributor–
Retailer Authority (Unitywater).
19. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to the premises.
Landscaping
20. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. the works shown on the approved landscape plans.
b. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage
c. provision of 1 street tree within the road reserve for every 8 metres of road frontage,
where practicable
21. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
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External Works
22. Bottlebrush Ave must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with the conditions of this Decision Notice and be
generally in accordance with Barlow Shelley’s Roadworks & Drainage Layout Plan (C200
Rev A) dated 15/05/2026 and must include in particular:
a. construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice; and
b. removal of the existing property access and reinstatement of the kerb, footpath and
verge area to match the balance of the site frontage, including the provision of topsoil
and turf where the existing verge is grassed.
Site Access and Driveways
23. A sealed access driveway must be provided from Bottlebrush Ave to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
the conditions of this Decision Notice and be generally in accordance with Barlow Shelley’s
Roadworks & Drainage Layout Plan and Driveway Details (C200 Rev A & & C210 Rev B)
dated 15/05/2026 and 20/05/2026 and must include in particular:
a. a driveway crossover generally in accordance with Council standard drawings RS-049
& RS-050.
Car Parking
24. A minimum of 7 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with the conditions of this Decision Notice and be
generally in accordance with Barlow Shelley’s Roadworks & Drainage Layout Plan (C200
Rev A) dated 15/05/2026 and must include in particular:
a. visitor parking spaces within the total, which are clearly marked for that purpose and
accessible at all times for visitor use; and
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Pedestrian and Bicycle Facilities
25. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with the conditions of this Decision Notice and be generally in
accordance with Barlow Shelley’s Roadworks & Drainage Layout Plan (C200 Rev A) dated
15/05/2026 and must include in particular:
a. A 1.5 metre wide footpath within the road verge for the entire length of the site’s
frontage to Bottlebrush Ave.
Stormwater Drainage
26. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with the conditions of this Decision
Notice and be generally in accordance with Barlow Shelley’s Roadworks & Drainage Layout
Plan (C200 Rev A) dated 15/05/2026 and must include in particular:
a. the reconstruction of existing stormwater gully pit (Structure 2/EX1)
b. protection of the existing 300mm diameter council stormwater pipe traversing the
development site.
Services
27. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
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28. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
29. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
30. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
31. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
32. All works must be carried out in accordance with the recommendations contained in
Tectonic’s Geotechnical Investigation (25408-001-Rev0) dated 30 January 2026 listed within
this Decision Notice.
Earthworks and Retaining Walls
33. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be undertaken in accordance with the conditions of this
Decision Notice, be generally in accordance with the conditions of this Decision Notice and
be generally in accordance with Barlow Shelley’s Bulk Earthworks Plan (C101, Rev. A) dated
15 May 2026 and contained entirely within the subject site unless written permission from
the respective landowner(s) is provided to Council.
Damage to Services and Assets
34. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
Demolition of Relevant Structures
Codes of Development
35. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
Works
36. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste Management
37. Adequate area must be provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
removal or demolition works.
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38. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
39. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work.
Water Quality and Drainage
40. Erosion and sediment control is to be undertaken in accordance with the requirements of the
Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
maintained until soils are stabilised by vegetation or sealed.
NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
Health and Safety
41. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
42. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
43. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
44. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
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DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (OPW26/0002)
Approved Plans
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
C101 A Bulk Earthworks Plan prepared by Barlow Shelley 15/05/2026
C110 A Bulk Earthworks Sections prepared by Barlow 14/05/2026
Shelley
C200 A Roadworks & Drainage Layout Plan prepared by 15/05/2026
Barlow Shelley
C210 B Driveway Details prepared by Barlow Shelley 20/05/2026
C300 A Stormwater Catchment Plan prepared by Barlow 15/05/2026
Shelley
C320 A Stormwater Longitudinal Sections prepared by 15/05/2026
Barlow Shelley
C350 A Stormwater Calculations prepared by Barlow 15/05/2026
Shelley
C351 A Stormwater Detention Tank Details prepared by 15/05/2026
Barlow Shelley
26105 CD- B Cover Sheet prepared by Project Urban 27/05/2026
000
26105 CD- A Specification Notes prepared by Project Urban 22/04/2026
001
26105 CD- C Planting Schedules prepared by Project Urban 8/09/2026
002
Annotated by Council
26105 CD- C Landscape Plan – Basement, prepared by Project 8/09/2026
100 Urban
26105 CD- B Landscape Plan – Ground Floor, prepared by 8/09/2026
101 Project Urban
Annotated by Council
26105 CD- C Landscape Plan – First Floor, prepared by Project 8/09/2026
102 Urban
26105 CD- B Landscape Plan - Roof, prepared by Project Urban 8/09/2026
103
Annotated by Council
26105 CD- B Landscape Plan - Cover Sheet, prepared by 27/05/2026
300 Project Urban
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Currency Period
2. The Currency Period for this development approval lapses if the development has not
substantially started by 9 September 2028, unless an application to extend the currency
period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
3. All necessary approvals from external service providers (e.g., Unitywater) and external
parties on which the development works are proposed have been obtained and a copy
supplied to Council.
4. Copies of the approved plans, duly signed by the consultant Registered Professional
Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
Construction at the “pre start” meeting.
5. A condition report of the drainage system must be completed for agreement at the prestart
meeting. The condition report is to include a CCTV inspection of the existing pipe and must
include at least 20m upstream and downstream of all works.
a. The existing stormwater pipe traversing the development site must be surveyed from
bottlebrush Ave to Nairana Rest.
6. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting / prior to any works commencing.
7. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
8. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
b. Civil engineering works;
c. Erosion and sediment control works;
d. Other relevant parties
9. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction;
ii. Maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased;
iii. Proposed fencing to the site during the construction phase of the development;
iv. Adequate parking arrangements for construction workers; and
v. No queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off.
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures;
c. Works programme identifying key components of the works and their respective
durations;
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d. Establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues;
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details;
g. identification of complaint management procedures including:
i. contact details for the on-site manager;
ii. dispute resolution procedures.
10. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
11. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
12. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
13. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
14. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
b. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
c. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
Retention of Existing Trees and Vegetation
15. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
16. A qualified person * must be engaged for the duration of the works to:
a. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
b. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
c. Oversee approved tree removal in proximity to retained trees.
d. Undertake a risk assessment of all trees within striking distance of the development
works and site and carry out hazard removal and amenity pruning in accordance with
AS 4373, Pruning of amenity trees.
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d. Oversee approved tree removal in proximity to retained trees.
*(Refer to Advisory Note)
Fauna Management
17. A qualified person* must be engaged to manage fauna prior and during clearing to:
a. Ensure works are carried out in accordance with the Nature Conservation Act 1992.
b. Undertake pre-clearing inspections including fauna relocation and removal or blocking
of all vacant hollows.
c. Ensure clearing works avoids nesting times of animals and birds.
d. Co-ordinate staging and sequence of clearing with fauna protection.
e. Protect and recover fauna during clearing operations (not previously removed).
f. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
*(Refer to Advisory Note)
Landscaping Works
18. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice.
*(Refer to Advisory Note)
19. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
20. Landscape works must:
a. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
b. Ensure permanent irrigation is not installed within the road reserve.
21. Public amenity/street trees* must:
a. Meet AS 2302 – Tree Stock for landscape use.
b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
*(Refer to Advisory Note)
Works within Road Reserve/Reinstatement
22. Safe vehicle and pedestrian access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out construction
works, Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
23. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
24. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Pathways
25. All pathways must be constructed in accordance with the following requirements:
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a. All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065;
b. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards;
c. All paths must have a slip resistant surface;
d. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists; and
e. The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
26. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety; and
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
27. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-049 and RS-050.
28. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
29. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete;
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
d. Where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path; and
e. The property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage. The developer is responsible for any necessary relocation
of existing services to provide this clearance and must contact the relevant service
authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
30. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development.
31. Fall protection must be provided to retaining walls that are over 1m high.
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32. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas; and
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
33. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
34. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g., by blocking or interfering with natural overland flows).
35. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
36. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination.
37. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. Been revised to address predicted rainfall events; and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
38. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards.
*(Refer to Advisory Note)
39. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
40. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
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41. Prior to the completion of the development and commencement of use, all site surfaces must
be effectively stabilised using methods which have achieved effective short-term stabilisation
and which will continue to achieve effective stabilisation in the medium to long-term.
For the purpose of this condition, an effectively stabilised surface is defined as one that does
not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion
or lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
42. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION
Engineering Certification
43. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
Landscaping Certification
44. Prior to commencement of use the following (prepared by respective qualified persons* and
certifying compliance with approvals) must be submitted to Council:
a. Landscaping certification confirming all works have been constructed in accordance
with conditions of approval.
*(Refer to Advisory Note)
As Constructed Plans and ADAC XML Files (Council)
45. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information shall include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
c. The “As-Constructed” drawings will require certification by a:
i. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
ii. Registered Cadastral Surveyor (Qld) in regard to the cadastral and locational
information, levels and applicable survey datum.
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d. The data must be in accordance with Council’s “Planning Scheme Policy 6 –
Engineering Design Standards”, and fully detail the levels for all engineering works
including but not limited to the drainage network and structures, finished ground and
pavement surface levels.
On Maintenance
46. All municipal works must be accepted as ‘On Maintenance’ by Council in accordance with
Council’s Planning Scheme Policy 6 prior to plan sealing.
To achieve ‘On Maintenance’ status:
a. the supervising RPEQ must submit to Council for review and acceptance:
i. certification that all works have been undertaken and completed in accordance
with the requirements of this approval;
ii. as Constructed details in accordance with Council’s Planning Scheme Policy;
and
iii. maintenance and operational manuals for all proprietary or site-specific devices.
b. Council must inspect and agree to accept the municipal works as ‘On Maintenance’.
Any defect or substandard work observed by Council during the inspection must be
rectified to the satisfaction of Council prior to Council’s acceptance of the ‘On
Maintenance’ status.
*(Refer to Advisory Note)
c. A maintenance bond must be submitted to Council in accordance with Council’s
Planning Scheme Policy 6. The maintenance bond shall be 5% of the agreed value of
the municipal works to become ‘On Maintenance’ or $2,000 (whichever is greater).
Off Maintenance
47. Prior to requesting an Off Maintenance inspection, the developer must provide a written
request for the Off Maintenance inspection.
48. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements; or
b. submitted certification falsely states works comply with approval requirements.
Final Inspection
49. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
25408-001 0 Geotechnical Investigation 30 January
2026
6. REFERRAL AGENCIES
Not applicable.
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7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Advertising Devices
1. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Infrastructure Charges
2. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to: https://www.noosa.qld.gov.au/Planning-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges Performance
Bond Agreement
3. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
General Advisory Notes
4. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
5. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
6. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request, Rehabilitation Inspections
Request
7. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
8. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
9. A minimum maintenance period of 12 months will apply to all municipal works and thereafter
until such time as the works are performing in accordance with the approved design unless
noted otherwise.
Environmental Advisory Notes
10. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
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Erosion and Sediment Control
11. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
12. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
13. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
Retention of Existing Trees
14. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
15. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
16. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
c. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and assessment and either:
iii. International Society of Arboriculture (ISA) certification; or
iv. A Diploma of Arboriculture.
d. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Landscape Works
17. The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
Register where:
a. An inspection revealed that any constructed rehabilitation/landscape works do not
comply with the conditions of the Decision Notice, Approved Plans and or Approved
Documents
b. Certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
18. Public amenity trees are defined as any tree located within public streets, parks or areas that
will become publicly owned as a result of this development.
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Biosecurity Act 2014 – Fire Ant Control
19. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
12. 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.
13. 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.
YF
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
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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.
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