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Decision Notice - Council Meeting Decision - MCU23 0007 & RAL23 0001 (As Published) · MCU23/0007
Officer: Ben Micallef
Direct Telephone: 07 5329 6245
Our Reference: MCU23/0007
RAL23/0001
Your Reference: n/a
22 October 2026
Myall Rise P/L
C/- Pivotal Perspective Pty Ltd
Noosa Lakes Resort
3/3 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 October 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU23/0007 & RAL23/0001
Street address: 45 & 47a Maple St Cooroy Qld 4563 & 9 Myall St Cooroy Qld 4563
Real property description: Lot 18 C 5605, Lot 2 RP 99323, Lot 1 RP 99323, Lot 15 C 5605
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval has been issued:
• Development Permit for Material Change of Use - Multiple dwelling (Affordable Rental Premises
– 19 Small Units)
• Development Permit for Reconfiguring a Lot - 4 Lots into 2
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 – (MCU23/0007)
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 by 15 October 2032, unless an
application to extend the currency period is approved by Council.
Approved Plans
3. 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 and resubmitted to Council prior to the issue of any Development Permit.
Plan No. Rev. Plan/Document Name Date
0002 B Demolition Plan prepared by Push 16/04/2026
1000 D Proposed Site plan prepared by Push 14/09/2026
1001 F Roof Plan prepared by Push 14/09/2026
1002 C Ground Floor Plan prepared by Push 14/09/2026
1003 E Upper Ground Floor Plan prepared by Push 14/09/2026
1004 C Lower Ground Floor Plan prepared by Push 06/08/2026
1005 C Landscape Plan prepared by Push 14/09/2026
2000 D Site Elevations prepared by Push 06/08/2026
2001 D Site Sections prepared by Push 06/08/2026
2002 D Site Sections prepared by Push 06/08/2026
2003 C Site Elevations prepared by Push 06/08/2026
9000 D Context Maple Street Aerial View prepared by Push 06/08/2026
9001 D Context Myall Street Aerial View prepared by Push 06/08/2026
9002 D Maple Street Elevation Render prepared by Push 06/08/2026
9003 C Context Myall Street Elevation Render prepared by Push 10/06/2026
9004 B Myall Street Elevation Render prepared by Push 10/06/2026
9005 D Internal Perspective View prepared by Push 14/09/2026
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9006 D Internal Perspective View prepared by Push 14/09/2026
9007 B Internal Perspective View prepared by Push 10/06/2026
9008 B Internal Perspective View prepared by Push 10/06/2026
010 D Overall Layout Plan – Ground Floor prepared by RECOR 18/09/2026
020 D Bulk Earthworks Layout Plan prepared by RECOR 18/09/2026
040 D Roadworks and Drainage Layout Plan prepared by 18/09/2026
RECOR
Nature and Extent of Approved Use
4. The existing dwelling must be retained on proposed lot 1.
5. The approved use within proposed lot 2 is limited to 19 small dwellings to operate as Affordable
Rental Premises’
6. All 19 small dwelling units must be used exclusively for Affordable Rental Premise for a minimum
of 20 years calculated from the date of occupation of the first affordable rental premises.
7. Prior to the occupation of the first affordable rental premises’, the Owner must enter into a use or
preservation covenant (as described in section 107 of the Planning Act 2016) with Council for the
purpose of ensuring that the small dwelling units are used exclusively for affordable rental
premises for duration of the 20-year timeframe identified in this development approval. The
covenant must be on terms acceptable to Council, prepared at the cost of the Owner, and
registered on the title of proposed lot 2 in accordance with the Land Title Act 1994 prior to the
issue of a certificate of classification or building final for any part of the approved development.
8. The affordable rental premises must remain on a single title; and must not be subdivided into
individual or separate strata titles until after the expiry of the 20-year timeframe referred to in
development approval conditions.
9. The tenancy of the Affordable Rental Premises’ is to be managed by a tier 1 community housing
provider for the life of the agreement.
Building Height
10. The maximum height of the development must not exceed 8 metres above the ground level
including where excavation is undertaken, to the exposed portion of the external façade of the
building, unless otherwise shown in the approved plans.
11. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
12. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the issue
of a Development Permit for Operational Works. 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.
Building Appearance
13. External design features, materials and finishes must be as shown on the Approved Plans, with
no inclusions or alterations made without approval in writing by Council.
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14. 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.
15. 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 be enclosed by the Department
of State Development, Infrastructure, Local Government and Planning (SARA) in their referral
agency response (2605-52275 SRA) on 11 June 2026.
16. All air conditioning units or other mechanical equipment must be fully enclosed or screened such
that they are not visible from the street frontages nor adjoining properties.
17. Waste storage areas and external storage areas must be screened from view of the street.
18. Each unit must be provided with access to an outdoor clothesline which is screened from public
view (external to the development site) and where achievable, internal to the development
Protection of Privacy
19. To ensure privacy is protected between adjoining residential zoned properties to the south of the
site, the windows located on the southern building elevations of units 9, 11, 14 & 17 must either:
a. have a minimum window sill height or 1.7 metres above floor level
b. be fitted with translucent glazing or
c. be fitted with a fixed external screen
Fencing and Walls
20. The existing low level stone wall and timber picket fence must be maintained and retained to
Maple Street.
21. Street fencing to Myall Street 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.
Landscaping Works
22. 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 landscape area and works shown on the approved landscape plan
b. vegetated screening of any electrical transformers, bin storage areas and the like from the
road frontage
c. provision of one (1) street tree within the road reserve for every eight (8) metres of road
frontage
d. planting of shrubs and trees along the site frontage to soften the appearance of buildings
and structures and enhance the streetscape character
e. screen planting along the side and rear boundaries to provide privacy screening and to
assist in maintaining a suitable interface with adjoining properties
23. 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.
24. All landscape works must be maintained generally in accordance with the approved design for
the life of the development.
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Street Identification
25. 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.
Waste Management
26. A waste storage area must be designed and maintained in accordance with Planning A waste
storage area must be provided in accordance with Planning Scheme Policy 9, Waste
Management and the Noosa Plan’s Waste Management Code, including an external imperviously
paved area correctly sized for all refuse and recycling containers and suitably screened from
public places and neighbouring properties.
External Works – Maple Street
27. Myall Street must be upgraded for the length of its frontage to the subject site. The works must
be undertaken in accordance with an Operational Works, be generally in accordance with
RECOR’s Overall Layout Plan (C010, Rev. D) dated 18 September 2026 and must include in
particular:
a. construction of a 2.0-metre-wide pedestrian footpath in accordance with the conditions of
this Decision Notice; and
b. removal of the existing Myall Street 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.
c. the construction of eight (8) 60-degree angled, ‘nose-in’, on-street carparks in accordance
with AS2890.05. The carparks must be designed for a “Medium” on-street parking
classification (table 3.2, AS2890.05).
External Works – Myall Street
28. Myall Street must be upgraded for the length of its frontage to the subject site. The works must
be undertaken in accordance with an Operational Works, be generally in accordance with
RECOR’s Overall Layout Plan (C010, Rev. D) dated 18 September 2026 and must include in
particular:
a. construction of a 2.0-metre-wide pedestrian footpath in accordance with the conditions of
this Decision Notice; and
b. removal of the existing Myall Street 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
29. A sealed access driveway must be provided from Maple Street to all parking and manoeuvring
areas of the development in proposed Lot 1. The works must be undertaken in accordance with
an Operational Works approval, be generally in accordance with RECOR’s Roadworks and
Drainage Layout Plan (C040, Rev. D) dated 18 September 2026 and Council’s standard drawing
RS-049 & RS-050.
30. A sealed access driveway must be provided from Maple Street to all parking and manoeuvring
areas of the development in proposed Lot 2. The works must be undertaken in accordance with
an Operational Works approval, be generally in accordance with RECOR’s Roadworks and
Drainage Layout Plan (C040, Rev. D) dated 18 September 2026, Driveway Longitudinal Section
(041, Rev. C) dated 6 August 2026 and Council’s standard drawing RS-051.
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Concrete Bin Pad
31. Two (2) concrete bin pads for the development must be constructed on the kerbside of Myall
Street. The concrete bin pads must be located generally in accordance with RECOR’s Waste
Management Plan (Rev. D) dated 12 August 2026 to ensure minimal disturbance to the local road
network during collection. The construction of the bin pads must be undertaken in accordance
with an Operational Work approval.
Car Parking
32. A minimum of 24 car parking spaces must be provided and marked on the site. The works must
be undertaken in accordance with an Operational Works approval, be generally in accordance
with RECOR’s Linemarking Layout Plan (C048, Rev. D) dated 18 September 2026 and must
include in particular:
a. 5 visitor parking spaces within the total, which are clearly marked for that purpose and
accessible at all times for visitor use;
b. pedestrian routes in accordance with the conditions of this Decision Notice;
c. 1 disabled parking space within the total; and
d. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Service Vehicles
33. Service and waste collection vehicle parking, manoeuvring and standing spaces must be provided
on the site. The works must be undertaken in accordance with an Operational Works approval,
be generally in accordance with RECOR’s Linemarking Layout Plan (048, Rev. D) dated 18
September 2026 and must include in particular:
a. 1 WCV space.
Pedestrian and Bicycle Facilities
34. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval, be generally in accordance with
RECOR’s Linemarking Layout Plan (C048, Rev. D) dated 18 September 2026 and must include
in particular:
a. a 2.0-metre-wide concrete footpath within the road verge for the entire length of the site’s
frontage to Maple Street;
b. a 2.0-metre-wide concrete footpath within the road verge for the entire length of the site’s
frontage to Myall Street;
c. pedestrian pathways between the proposed car parking area and the building/s; and
d. adequate separation of all specific pedestrian routes from vehicle access and manoeuvring
areas, and clear demarcation by pavement marking, signposts or changes in surface
materials or levels.
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Stormwater Drainage
35. 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 an Operational Works approval, be
generally in accordance with RECOR’s Stormwater Management Plan (P0478-26-001, Rev. 1)
dated 24 June 2026 and RECOR’s Technical Memorandum (P0478-26-01) dated 12 August
2026, and must include in particular:
a. details of a stormwater quality device that satisfies the load reduction targets specified in
Planning Scheme Policy 6 Engineering Design Standards; and
b. additional modelling demonstrating that the peak mitigated flows during the 10% AEP event
will not exceed the pre-development flows.
Stormwater Quality Management
36. A stormwater quality treatment system must be provided for the development. The device must
be SQIDEP verified and be maintained in accordance with the User Manual for the lifespan of the
development.
Services
37. Underground reticulated electricity and telecommunication services must be provided to each lot
in accordance with the standards and requirements of the relevant service provider.
38. 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.
39. 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
40. An easement for drainage purposes must be registered in favour of proposed Lot 1 against the
title of all lots (nominally proposed Lot 2) which convey stormwater from proposed Lot 1 through
proposed Lot 2 to a Lawful Point of Discharge in Myall Street. The easement must be a minimum
width of 1.5 metres located centrally over the proposed drainage structures or of sufficient width
to wholly encompass the drainage structures. The easement must be granted prior to the
commencement of any works associated with this approval.
41. 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.
42. 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.
43. All works must be kept clear of any existing or proposed easements on the subject land, unless
agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
44. All fill and associated batters must be undertaken in accordance with an Operational Works
approval, be generally in accordance with RECOR’s Bulk Earthworks Layout Plan (C020, Rev.
D) dated 18 September 2026 and contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council.
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45. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are
publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety
fence.
Damage to Services and Assets
46. 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.
Roofwater Harvesting
47. Operating roofwater harvesting and detention tanks must be provided for the development. The
tanks must be provided in accordance with an approval for Building Works and must include in
particular:
a. the details identified in section 3.0 and 4.2.1.1 of RECOR’s Stormwater Management Plan
(P0478-26-001, Rev. 1) dated 24 June 2026;
b. a total tank capacity of 50 kilolitres for reuse and 50 kilolitres for detention;
c. a catchment of 100% of the building roof area;
d. re-use of harvested stormwater for internal non-potable uses and outdoor uses; and
e. The roofwater drainage system flowing to the tanks is to be designed to cater for the 1%AEP
event including a 20% increase in rainfall intensity due to climate change.
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DEVELOPMENT PERMIT FOR RECONFIGURING A LOT – (RAL23/0007)
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for compliance assessment.
Currency Period
2. This development approval lapses if the requirements of the conditions have not been completed
and an application for plan seal is not lodged with Council by 15 October 2030, unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with the
Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
0003 B Subdivision Plan prepared by Push 14/09/2026
4. All lot numbering on the subdivision plan to be submitted to Council for compliance assessment
must remain as shown on the Approved Plans.
Boundary Encroachments
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that:
a. the setback/s to any new boundaries for any existing buildings remaining on the site comply
with the relevant provisions of the planning scheme and the Building Act 1975, unless varied
by this Decision Notice
b. all constructed access and roadworks (including associated fill batters and retaining walls)
are fully contained within a dedicated reserve or registered easement
c. all utility services and connections (eg. electricity, telecommunications, water, sewerage)
are wholly located within the lot they serve or alternatively included within an easement
d. all retaining walls and structures are fully contained within the lot they retain
e. any fill, including fill batters, are wholly contained within the subject site and not on adjacent
properties
Property Access and Driveways
6. Vehicle access to proposed Lots 1 and 2 is limited to the constructed driveway only. A clause
must be included in the contract of sale for the lots which requires vehicle access to be from the
constructed driveway only, and which prohibits the driveway from being relocated without Council
agreement.
Easements
7. An easement for drainage purposes must be registered in favour of proposed Lot 1 against the
title of all lots (nominally proposed Lot 2) which convey stormwater from proposed Lot 1 through
proposed Lot 2 to a Lawful Point of Discharge in Myall Street. The easement must be a minimum
width of 1.5 metres located centrally over the proposed drainage structures or of sufficient width
to wholly encompass the drainage structures. The easement must be granted prior to the
commencement of any works associated with this approval.
8. 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.
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9. 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.
10. All works must be kept clear of any existing or proposed easements on the subject land, unless
agreed otherwise in writing by the Grantee.
Services
11. Underground reticulated electricity, telecommunication, reticulated sewer and reticulated water
services must be provided to each lot in accordance with the standards and requirements of the
relevant service provider.
12. 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.
13. 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.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
P0478-26-001 1 Stormwater Management Plan prepared by 24 June 2026
RECOR
P0478-26-01 1 Technical Memorandum prepared by RECOR 12 August 2026
C048 D Linemarking Layout Plan prepared by RECOR 18 September 2026
6. REFERRAL AGENCIES
The referral Referral Agency and Referral Trigger Response
agencies Address
applicable to this
application
are:Referral
Status
Concurrence SARA at DILGP SARA State Transport Corridor The agency provided its
at DILGP Via MyDAS2 response on 11 June 2026
at https://prod2.dev- (Reference No. 2605-
assess.qld.gov.au/suite 52275 SRA). A copy of the
/ (for assistance, response is attached
contact DILGP at 5352
9701 or
email:[email protected]
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7. ADVISORY NOTES
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the activity
does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care.
Substantial monetary penalties may apply to individuals or corporations breaching this duty of
care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister
administering the ACH Act can also issue stop orders for an activity that is harming or is likely to
harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as they
relate to people with disabilities. Your attention is also directed to the fact that in addition to the
requirements of the National Construction Code as they relate to people with disabilities, one or
more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
3. 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.
Development Compliance Inspection
4. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Nature and Extent of Approved Development
5. The approved land use is limited to Multiple Dwelling – Affordable Rental Premises. Affordable
Rental Premises has the meaning as listed in Schedule 1, SC1.2 Administrative Terms of the
Noosa Plan 2020 (26 September 2025):
Affordable Rental Premises means one or more dwellings which are:
a. Affordable housing;
b. Entirely small dwellings;
c. Owned or leased by a registered provider within the meaning of the Housing Act 2003; and
d. Managed by a registered community housing provider, as long term rental housing for a
minimum of 20 years.
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Sustainability
6. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving devices
and rainwater harvesting.
Performance Bond Agreement
7. 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.
Erosion and Sediment Control
8. An erosion and sediment control plan must be submitted with the Operational Works application.
The erosion and sediment control plan must be prepared by a suitably qualified person (RPEQ /
CPESC) and be designed in accordance with Planning Scheme Policy 6 – Engineering Design
Standards and the International Erosion Control Association’s Best Practice Erosion and
Sediment Control.
Infrastructure Charges
9. 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
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 Operational Works Stormwater, Earthworks, External Works,
Works Carparking, Landscaping & Access
Development Permit for Building Works All building work.
11. SUBMISSIONS
There were 1 properly made submissions about the application. In accordance with the Planning Act
2016, the name, address and electronic address of the principal submitter for each properly made
submission is provided and attached.
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.
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13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Patrick Murphy
Manager | Development Assessment
Development & Regulation
Enc: Referral Agency Response
List of Submitters
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. [email protected]
Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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List of Submitters
PLANNING ACT 2016 & PLANNING REGULATION 2017
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Page 15 of 22 Document Set ID: 25255015 Version: 5, Version Date: 22/10/2026 [OCR of page images] SARA reference: Assessment manager: Street address: Real property description: Applicant name: Applicant contact details: Human Rights Act 2019 considerations: Representations 2605-52275 SRA (Planning Regulation 2017) Material change of use of premises near a state transport corridor 2605-52275 SRA Noosa Shire Council 45 and 47A Maple Street and 9 Myall Street, Cooroy Lot 18 on C5605, Lot 2 on RP99323, Lot 1 on RP99323, Lot 15 on C5605 Myall Rise Pty Ltd C/- Pivotal Perspective Pty Ltd [email protected] Acconsideration of the 23 fundamental human rights protected under 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. 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 Jodie Wilson, Senior Planning Officer, on 5352 9778 or via email [email protected] who will be pleased to assist. Yours sincerely KB att) Sallie Battist A’Director cc Myall Rise Pty Ltd, [email protected] enc 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 Attachment 5 - Documents referenced in conditions State Assessment and Referral Agency Page 2 of 7 Document Set ID: 25255015 Version: 5, Version Date: 22/10/2026 Page 15 of 22
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Page 16 of 22 Document Set ID: 25255015 Version: 5, Version Date: 22/10/2026 [OCR of page images] Attachment 1—Referral agency conditions (Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development approval relating to this application) (Copies of the documents referenced below are found at Attachment 5) 2605-52275 SRA No. | Conditions Condition timing Material change of use 10.9.4.2.4.1 — Material change of use of premises near a state transport corridor —The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of Transport and Mian Roads 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(s): 1. (a) Noise attenuation measures to achieve the following noise criteria must be provided: (i) Balconies on the upper level of the east and south (Myall Street) facing elevations as shown on Site Elevations, prepared by Push, dated 16 April 2026, drawing number 2000, issue B must include balustrades that are solid, gap- free and continuous for their complete length other than gaps required for drainage purposes in accordance with the Building Code of Australia. (ii) Fencing provided along the eastern and southern boundary adjacent the State-controlled road is to be solid gap-free fence, or other solid gap free structure (b) Noise attenuation measure must be a continuous solid gap-free structure, constructed of glass, concrete blocks, bricks or fibre cement sheeting, or balustrade, other than gaps required for Grainage purposes in accordance with the Building Code of Australia. Prior to the commencement of use and to be maintained at all times. (a) Close and remove the existing vehicular property access located between 18C5605 and Myall Street. (b) The road works to close and remove access, referred to in part (a) of this condition, must be in accordance with the Department of Transport and Main Roads’ Road Planning and Design Manual, 2nd Edition. The road works must: (i) remove the driveway crossover and any drainage structure/s beneath the driveway; (ii) reinstate the kerb and channel; (iil) reinstate road pavement after closure and removal; (iv) establish a pedestrian pathway; and (v) reinstate the table drain and/or grass footpath between the pavement edge and the property boundary. Prior to the commencement of use. Direct access is not permitted between Myall Street and the subject site. At all times (a) Stormwater management of the development must not cause worsening to the operating performance of the state transport corridor mode, such that any works on the land must not: i. create any new discharge points for stormwater runoff onto the state transport corridor mode ji. concentrate or increase the velocity of flows to state transport corridor mode (a) At all times. (b) Prior to obtaining development approval for operational work. State Assessment and Referral Agency Document Set ID: 25255015 Version: 5, Version Date: 22/10/2026 Page 3 of 7 Page 16 of 22
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Page 17 of 22 Document Set ID: 25255015 Version: 5, Version Date: 22/10/2026 [OCR of page images] 2605-52275 SRA iti. interfere with and/or cause damage to the existing (c) Within 20 business stormwater drainage on the state transport corridor mode days of the iv. surcharge any existing culvert or drain on the state completion of transport corridor mode works. v. reduce the quality of stormwater discharge onto the state transport corridor mode vi. impede or interfere with any overland flow or hydraulic conveyance from the state transport corridor mode vii. reduce the floodplain immunity of the state transport corridor mode (b) Submit RPEQ certification with supporting documentation to [email protected] within the Department of Transport and Main Roads, confirming that the development has been designed in accordance with part (a) of this condition. (c) Submit RPEQ certification with supporting documentation to [email protected] within the Department of Transport and Main Roads, confirming that the development has been constructed in accordance with parts (a) and (b) of this State Assessment and Referral Agency Page 4 of 7 Page 17 of 22 Document Set ID: 25255015 Version: 5, Version Date: 22/10/2026
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Page 18 of 22 Document Set ID: 25255015 Version: 5, Version Date: 22/10/2026 [OCR of page images] 2605-52275 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 3.6). If a word remains undefined it has its ordinary meaning. 2. The Department of Transport and Main Roads (TMR) is progressing planning for the Cooroy Connection Road, Bruce Hwy to Diamond St planning. The project intends to investigate upgrades that manage congestion and improve traffic flow during peak periods. While the property falls within the area of investigation, at this time, TMR has no land requirements for the property. For further information regarding this project, please contact TMR on [email protected] or Further information is available on: Cooroy intersection imy ents artment of Transport and Main Roads 3. Transport noise corridor: Mandatory Part (MP) 4.4 of the Queensland Development Code (QDC) commenced on 1 September 2010 and applies to building work for the construction or renovation of a residential building in a designated transport noise corridor. MP4.4 seeks to ensure that the habitable rooms of Class 1, 2, 3 and 4 buildings located in a transport noise corridor are designed and constructed to reduce transport noise. Transport noise corridor means land designated under Chapter 8B of the Building Act 1975 as a transport noise corridor. A free online search tool can be used to find out whether a property is located in a designated transport noise corndor. This tool is available online at: https://sppims- dams.dsdilgp.qid.gov_aw/spp/?tab=layers. This tool allows searches on a registered lot number and/or property address to determine whether and how the QDC applies to the land. 4. Road works approval: Under section 33 of the Transport Infrastructure Act 1994, written approval is required from the Department of Transport and Main Roads (TMR’s) to carry out road works on a state-controlled road prior to the works commencing. Please contact TMR on North.Coast. [email protected] with the completed application form and supporting information to make an application for road works approval. As part of the application process detailed engineering designs the proposed works, certified by a Registered Professional Engineer of Queensland will be required. The detailed design must demonstrate how the proposed works will comply with TMR's Road Planning and Design Manual, 2™ Edition (RPDM), technical standards and policies. TMR advises that any design submitted through the development application process is conceptual in nature and has not been reviewed in detail to confirm that all aspects of the design, including (but not limited to) provision for vulnerable road users, signals, lighting, and pavement design, meets TMR requirements. To ensure that gaining approval does not delay construction please contact TMR as soon as possible. Further information on applying for road works approval is available here: www.tmr.gid.gov.au/Community-and-environment/Planning-and-development/Other-matters- requiring-approval#roadworks 5. Public utility works and connection approval: The applicant is advised that if any works and/or connections are required to public utility services within a State-controlled road reserve, approval must be given by the Department of Transport and Main Roads under the relevant public utility legislation (electricity, water/sewer, telecommunication), and in accordance with TMR technical standards (TN163). Approvals must be obtained prior to commencing any utility works within the state-controlled road reserve. Please contact the public utility team via northcoast@tmr_qid_.gov_au for further information on the application and approval process. State Assessment and Referral Agency Page 5 of 7 Page 18 of 22 Document Set ID: 25255015 Version: 5, Version Date: 22/10/2026
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Page 19 of 22 Document Set ID: 25255015 Version: 5, Version Date: 22/10/2026 [OCR of page images] 2605-52275 SRA Attachment 3—Reasons for referral agency response (Given under section 56(7) of the Planning Act 2016) The reasons for the SARA’s decision are: e The proposed development is for a material change of use for multiple dwelling (affordable rental premises — 19 small dwelling units) and reconfiguration of a lot (4 Lots into 2 Lots) on land at 45 and 47a Maple Street and 9 Myall Street, Cooroy, properly described as Lot 18 on C5605, Lot 2 on RP99323, Lot 1 on RP99323 and Lot 15 on C5605 (the subject site) © ©The subject site is currently mapped under the State Development Assessment Mapping System (DAMS) as being within 25m of Myall Street (which is a State transport corridor) © The application requires assessment by SARA against the State Development Assessment Provisions (SDAP), version 3.6, State code 1 - Development in a state-controlled road environment (State code 1) ¢ SARA has assessed the development against State Code 1 and found that the development complies with the assessment benchmarks of State code 1 of SDAP subject to conditions to ensure: o Removal of the existing access driveway within the state-controlled road corridor and reinstatement of the area to be consistent with the surrounding road corridor environment. 0 Stormwater management of the development must not cause worsening to the operating performance of the state transport corridor 0 Acoustic mitigation measures are installed to minimise noise intrusions on the development from the state transport corridor. Material used in the assessment of the application: the development application material and submitted plans Planning Act 2016 Planning Regulation 2017 the SDAP (version 3.6), as published by SARA the Development Assessment Rules SARA DA Mapping system State Planning Policy mapping system section 58 of the Human Rights Act 2019 eee ee eee Attachment 4—Representations about a referral agency response provisions (page left intentionally blank) State Assessment and Referral Agency Page 6 of 7 Page 19 of 22 Document Set ID: 25255015 Version: 5, Version Date: 22/10/2026
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Page 20 of 22 Document Set ID: 25255015 Version: 5, Version Date: 22/10/2026 [OCR of page images] 2605-52275 SRA Attachment 5—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 7 of 7 Page 20 of 22 Document Set ID: 25255015 Version: 5, Version Date: 22/10/2026
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Name Email Address
Margaret Ibbs (Skowronski) 11 Myall Street Cooroy Qld 4563
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Document Set ID: 25255015
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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
(2) The notice of appeal must be accompanied by the required fee. the person has not complied with the rules of the P&E Court.
Page 22 of 22
Document Set ID: 25255015
Version: 5, Version Date: 22/10/2026
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