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Minor Change Existing Approval - 51996 1942 01 (As Published)
Officer: Ben Micallef
Direct Telephone: 07 5329 6245
Our Reference: 51996.1942.01
OPW26/0049
Your Reference: N/A
29 May 2026
Black & More
C/- Black & More
PO Box 999N
CAIRNS NORTH QLD 4870
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 2 April 2026, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51996.1942.01
Street address: Noosa's Mary Gibson Showrooms 1 3 Gibson Rd, Noosaville Qld
4566
Real property description: BUP 105742
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 7 May 1996
Town Planning Consent Permit - Permitted Development for Showrooms
In relation to the request to make a minor change to the existing approval, Council on 26 May 2026,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change; and
B. Include additional condition 23.
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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Document Set ID: 24824333
Version: 4, Version Date: 29/05/2026
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4. ASSESSMENT MANAGER CONDITIONS
1. Submission to and approval by Council of building plans in accordance with the Building Act,
Council’s By-laws and Policies, the conditions of the approval and substantially in
accordance with plans including site plan and elevations drawn by Cameron, Chisholm and
Nicol dated March 1996 and the Shire of Noosa Planning Scheme apart from where
amendments are required or dispensations have been granted in conjunction with this
approval.
2. The plans submitted for Building Approval are to indicate compliance with Council’s
Engineering standards in relation to manoeuvring.
3. The application is to comply with conditions associated with rezoning R 557 and S3325.
4. No building works shall be commenced until the plan of survey creating the allotments are
sealed by Council and the service road constructed.
5. Provisions of at least 74 off-street car parking spaces, and access thereto which are to be
provided with a sealed pavement and design, drained, constructed and maintained in
accordance with the Planning Scheme, Council’s Policies and to the reasonable satisfaction
of the Shire Engineer, Plans and specifications for these works are to be submitted to the
Shire Engineer for approval in conjunction with the Building Application. A Building Approval
shall not be granted until the Shire Engineer has approved of the carparking and access
scheme. The carparking layout is to be designed in accordance with Australian Standards
2890.1-1993. The carpark layout is to be designed in conjunction with B. Bujtar Pty Ltd
Consulting Engineer Drawing No. EOO-14-02 and 03 and 07.
6. Engineering drawing prepared by a registered Civil Engineer are to be submitted for approval
by the Shire Engineer prior to issue of a sealed plan of survey.
7. Payment of a contribution to Council in accordance with Council’s Policy on Development in
the Noosa River Flood Plain, prior to the issue of Building Approval. Such payment shall in
accordance with the contribution rate adopted by the Council and current at the time of
payment. An estimate only of the contribution at the date of this decision is $440.
8. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and
approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping
is to be completed in accordance with the approved landscaped plan, prior to the premises
being occupied and maintained at all times thereafter to the reasonable satisfaction of the
Shire Planner.
No clearing is to take place until the landscaping plans are approved.
9. Existing trees on the site and within road reserves are to the retained, except where required
to be removed due to building operations or the conduct of the approved use. The
landscaping plans referred to above are to denote areas of existing vegetation or existing
trees proposed to be retained.
10. Construction work and other associated activities are permitted only during the hours of 7.00
a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where
extended hours are approved by the Building Surveyor.
11. Any advertising signs or devices is to comply with the provisions of Council’s policies and
advertising. The applicant is to submit a signage plan for the site, detailing proposed areas
for signage and indicating a co-ordinated strategy. This plan is to be submitted and approved
by the Shire Planner, prior to the release of Building Approval.
12. All Separate, adjoining lots that form part of this application are to be amalgamated into one
undivided lot in accordance with Section 5.11 of the Local Government (Planning and
Environment) Act, prior to the issue of a Building Approval.
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13. The footpath across the frontages of the site is to be upgraded by the provision of a 1.2
metres wide concrete footpath and the forming, grassing and topsoiling of the remaining area
to the standards and requirements of the Shire Engineer. The applicant is to contact Council’s
Engineering Department to determine the footpath alignment prior to the commencement of
any works.
14. The developer shall bear the cost of alteration of any public utility or other facilities
necessitated by the development of the land or associated construction works external to the
site.
15. Connection to Councils existing water supply and sewerage reticulation system at the
developer’s expense to the standards and requirements of Council’s Shire Engineer.
16. The developer shall provide metered water connections from the water supply system to the
proposed development, in accordance with Council’s standards and to the satisfaction of the
Shire Engineer.
17. Roof and surface water is to be collected on site and is to be discharged through a single
underground drain line into existing drainage in Gibson Road to the satisfaction of the Shire
Engineer. A Building Approval shall not be granted until the Shire Engineer has approved of
the drainage scheme.
18. The storage of any machinery, materials or vehicles is to be aesthetically screened so as not
to be visible from any road which it has frontage, to the reasonable satisfaction of the Shire
Planner.
19. The footpath and setback areas are to be kept clear of goods, signs and street furniture not
approved by Council.
20. Submission of a cash bond or trading bank guarantee to the sum of $5,000 to secure
performance of conditions, prior to the issue of Building Approval. The cash bond or trading
bank guarantee will be returned upon performance of the conditions of approval.
21. The provisions of this approval are to be effected, prior to the commencement of the
approved use. Council reserves the right to call upon the bond or guaranteed sum referred
to in this approval to effect compliance with conditions.
22. This approval lapses where: -
22.1. The use or erection of a building or other structure associated with the use, has not
been commenced within two (2) years of the date of the issue of the approval, unless
application is made and approved by Council for an extension; or
22.2. The use of any premises to the approval ceases for a period of twelve (12) months.
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Approved plans – 26 May 2026 -51996.1942.01
23. Alterations to the car park, undertaken in accordance with this approval must generally
comply with the approved plans of development. These approved plans are listed in the
following table unless otherwise amended by these conditions:
Plan No. Rev. Plan/Document Name Date
8548-001 A Cover Sheet/Locality Plan and Drawing 1 April 2026
Schedule prepared by Black & More
8548-002 A Construction Specification prepared by Black & 17 February 2026
More
8548-003 B Existing Carpark Operation Issues prepared by 17 February 2026
Black & More
8548-004 B Layout Plan and Typical Section prepared by 1 April 2026
Black & More
8548-005 B Vehicle Swept Paths prepared by Black & More 17 February 2026
8548-006 A Concrete Details prepared by Black & More 1 April 2026
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
Not applicable.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. 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.
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12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Ben Micallef
Coordinator Planning | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 7 May 1996.
• Decision Notice – Minor – 51996.1942.01 – 26 May 2026, additional condition 23.
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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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