Council archive · source document
Decision Notice - Approved by Delegation of Authority - MCU25 0054 & OPW25 0077 (As Published) · MCU25/0054
Officer: Cameron Smith
Direct Telephone: 07 5329 6245
Our Reference: MCU25/0054
OPW25/0077
Your Reference: 0722
3 September 2025
20 Williams St Developments P/L
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 27 August 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU25/0054 & OPW25/0077
Street address: 20 William St, Noosaville
Real property description: Lot 3 RP 63813
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Multiple Dwelling (3 units) including
Demolition Works; and
• Development Permit for Operational Works – Drainage Work, Stormwater & Earthworks.
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 (MCU25/0054)
MULTIPLE DWELLING (3 UNITS) INCLUDING DEMOLITION WORKS
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 27 August 2031, 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
00461-OW1.1 . Site Survey & Existing Services (Demolition April 25
Plan)
Prepared by SCG Consulting
Annotated by Council
05 DA05 Conceptual plan – Basement 1/8/2025
Prepared by Skale Building Design
06 DA05 Conceptual plan – Ground Floor 1/8/2025
Prepared by Skale Building Design
07 DA05 Conceptual plan – First Floor 1/8/2025
Prepared by Skale Building Design
08 DA05 Conceptual plan – Second Floor 1/8/2025
Prepared by Skale Building Design
10 DA05 Western Elevation 1/8/2025
Prepared by Skale Building Design
11 DA05 Southern Elevation 1/8/2025
Prepared by Skale Building Design
12 DA05 Eastern Elevation 1/8/2025
Prepared by Skale Building Design
13 DA05 Northern Elevation 1/8/2025
Prepared by Skale Building Design
14 DA05 Northern fence elevation 1/8/2025
Prepared by Skale Building Design
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15 DA05 Southern fence elevation 1/8/2025
Prepared by Skale Building Design
16 DA05 Eastern fence elevation 1/8/2025
Prepared by Skale Building Design
17 DA05 Street fence elevation 1/8/2025
Prepared by Skale Building Design
18 DA05 Section A 1/8/2025
Prepared by Skale Building Design
Building Height
4. The maximum height of the development must not exceed 12 metres above the ground level
including where excavation is undertaken the exposed portion of the external façade of the
building.
5. The ground level must be reinstated around the basement level to ensure no part of which is
more than 1 metre above ground level, apart from the driveway entrance.
6. 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
7. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to 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.
Water & Sewer Connections
8. 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).
9. 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.
Building Appearance
10. 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.
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. All balustrades to decks and balcony areas must be open or transparent except where
conditioned to provide protection of privacy.
14. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
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15. 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.
16. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Fencing and Walls
17. 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.
18. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street as indicated on the approved plans.
Protection of Privacy
19. The external spiral staircase located on the rear third storey projection of Unit 2 must include
either balustrading or fixed external screens, positioned in such a way to obscure direct views
into the private open space areas of the adjoining property to the rear. Any screening
measures must be a minimum height or 1.7 metres above floor/stair level.
Site Access and Driveways
20. A sealed access driveway must be provided from William Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
the conditions of this approval, be generally in accordance with SCG Consulting’s
Operational Works Driveway & Access Plan (00461-OW4.1) and Operational Works
Driveway Details (00461-OW4.2) dated April 2025 and must include in particular:
a. A driveway crossover in accordance with Council standard drawings RS-049 and RS-
050 and any associated addendum.
Car Parking
21. A minimum of 6 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. 1 visitor parking spaces within the total, which are clearly marked for that purpose and
accessible at all times for visitor use;
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Stormwater Drainage
22. 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 approval
and be generally in accordance with SCG Consulting’s Operational Works Stormwater
Management Plan Basement Level (00461-SW1.1) and Operational Works Stormwater
Management Plan Ground Level (00461-SW1.2) dated April 2025.
Services
23. Reticulated electricity and telecommunication services must be provided to each lot/unit in
accordance with an approval for Operational Works and the standards and requirements of
the relevant service provider.
24. 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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25. 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.
Earthworks and Retaining Walls
26. 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
approval, be generally in accordance with SCG Consulting’s Operational Works Earthworks
Plan (00461-OW3.1) , Operational Works Earthworks Sections Sheet 1 (00461-OW3.2) and
Operational Works Earthworks Sections Sheet 1 (00461-OW3.2) dated April 2025 and
contained entirely within the subject site unless written permission from the respective
landowner(s) is provided to Council.
27. 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.
Acid Sulfate Soils
28. All works must be carried out in accordance with an updated site-specific Acid Sulfate Soil,
Groundwater and Dewatering Management Plans.
*(Refer to Advisory Note)
29. All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate
soils must achieve the following quality prior to release from the site:
a. a pH range of 6.5-8.5 pH units;
b. 50mg/L maximum total suspended solids concentration;
c. 0.3mg/L maximum total iron concentration;
d. 0.2mg/L maximum total aluminium concentration; and
e. no visible plume at either the point of release from the site or within a waterway.
30. The basement must be designed and constructed as a water excluding structure in
accordance with Australian Standard AS3735 “Concrete Structures for Retaining Liquids” to
ensure groundwater does not enter the basement after construction is completed.
31. All treated material must undergo verification testing at the rate of one sample per 250 m3
throughout the duration of the excavation phase of the development. The verification testing
must be undertaken by a qualified person* using the SPOCAS or Chromium Reducible
Sulphur testing suite, and the results must be submitted to Council for appraisal.
Damage to Services and Assets
32. 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.
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Landscaping Works
33. The development site must be landscaped. The works must be undertaken in accordance
with the PSP 2 - Landscape and the Noosa Plan 2020 for that specific area and must include
in particular:
a. the works shown on the Approved Plans
b. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage
34. 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.
Retention of Existing Trees
35. Existing trees in the road reserve must be retained in accordance with an Arborist Report (or
part thereof) prepared by a qualified person* and endorsed through an Operational Works
approval.
*(Refer to Advisory Note)
36. All planting areas on the eaves must be planted and maintained at all times, with replacement
planting undertaken promptly where plants fail or do not have a healthy and vigorous growth.
Waste Management
37. 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.
Community Management Statement
38. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
39. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
40. Where titles are created for the units, unit 3 must be contained on a separate lot and must
be provided with separate services. Unit 3 must not be consolidated with any other unit
without the prior written consent of Council.
DEMOLITION WORK
Codes of Development
41. 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.
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Demolition Works
42. 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
43. 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.
44. 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.
Water Quality and Drainage
45. 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
46. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
47. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
48. 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.
49. 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.
Plumbing and Drainage
50. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
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DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (OPW25/0077)
(DRAINAGE WORK, STORMWATER & EARTHWORKS)
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
00461-OW3.1 N.A Earthworks Plan April 25
Prepared by SCG Consulting
00461-OW3.2 N.A Earthworks Sections Sheet 1 April 25
Prepared by SCG Consulting
00461-OW3.3 N.A Earthworks Sections Sheet 2 April 25
Prepared by SCG Consulting
00461-OW4.1 N.A Driveway & Access Plan April 25
Prepared by SCG Consulting
00461-OW4.2 N.A Driveway Details April 25
Prepared by SCG Consulting
00461-SW1.1 N.A Stormwater Management Plan Basement April 25
Level
Prepared by SCG Consulting
00461-SW1.2 N.A Stormwater Management Plan Ground April 25
Level
Prepared by SCG Consulting
24 DA05 Landscape Ground 1.08.2025
Prepared by Skale Building Design
25 DA05 Landscape First 1.08.2025
Prepared by Skale Building Design
26 DA05 Landscape Second 1.08.2025
Prepared by Skale Building Design
27 DA05 Landscape species 1.08.2025
Prepared by Skale Building Design
28 DA05 Tree Planting Detail 1.08.2025
Prepared by Skale Building Design
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The following documents require amendment.
Plan o. Rev. Plan/Document Name Date
PTG/02023 – 0001 1 Interim Geotechnical Investigation 28 April
Report – Proposed Residential 2025
Development
Prepared by PTG Consulting
ADG1808.25 0 Dewatering Management Plan May 2025
Prepared by ADG Consulting
Amendments Further acid sulphate soil investigations are required. An
updated Geotechnical Investigation Report is required including
an acid sulphate soils management plan. An updated
Dewatering Management Plan is required addressing the
management of acid sulphate soils and noise pollution.
23 DA05 Landscape Trees, prepared by Skale 1.08.2025
Amendments The above plans must be submitted to Council for agreement
prior to a prestart meeting and incorporate the following:
a. Updated landscape plans that include Acronychia
imperforate planted along the entire north east and
south east boundary.
b. Updated landscape plans that include substantial
screening shrubs along the entire southeastern
boundary where adjacent to the driveway that includes
a mixture of the following:
i. Syzygium ‘Straight and Narrow’
i. Callistemon viminalis ‘Slim’
c. Landscape capable of screening the private open
space of the studio from the neighbouring property.
CURRENCY PERIOD
Currency Period
2. The Currency Period for this development approval lapses if the use has not substantially
started by 27 August 2031, unless an application to extend the currency period is approved
by Council.
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Site Specific Conditions
3. A site control and/or compliance bond of $10,000 is to be submitted to Council prior to the
pre-start meeting. The pre-start meeting will only be held once Council's Construction
Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
Bonds must:
a. meet the requirements of Council’s relevant Planning Scheme Policy for performance
and uncompleted works;
b. be calculated using a schedule of works and relevant bond equation;
c. Include GST;
d. have approval of the bond calculations and amount from Council prior to lodgement;
e. be lodged with Council and accompanied by the Bond Administration Fee/s; and
f. be requested for release by writing to Council, when relevant approval requirements
have been met.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
4. Submit amended plans to Council as described in the List of plans requiring amendments.
Plans must be submitted and approved prior to the pre-start meeting.
5. All necessary approvals from external service providers (eg Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
6. 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.
7. 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.
8. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
9. 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:
a. Civil engineering works;
b. Landscape works;
c. Erosion and sediment control works; and
d. Other relevant parties.
10. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe pedestrian access across the frontage of the site both during daily
construction and after daily construction has ceased.
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11. 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.
12. 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.
13. Prior to requesting a prestart meeting:
a. Receipt and approval of an arborist report required as part of the higher order approval
MCU25/0054;
b. Receipt of amended plans for approval; and
c. Tree protection fencing must be installed under the supervision of the qualified person*.
(Refer to Advisory Note)
DURING CONSTRUCTION
Engineering
14. 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.
15. 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.
16. 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.
Works within Road Reserve/Reinstatement
17. Safe pedestrian and vehicle 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.
18. 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.
19. 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.
Site Access and Driveways
20. Driveway crossovers must be constructed generally in accordance with council’s Standard
Drawings RS-049 and RS-050 and any associated addendum.
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21. 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.
22. 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
23. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing
the Plan of Survey.
24. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
25. Fall protection must be provided to retaining walls that are over 1m high.
Stormwater Drainage
26. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
27. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (eg by blocking or interfering with natural overland flows).
28. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
29. Prior to the completion of the development, 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 (refer to E&SC Advisory Notes).
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.
Erosion and Sediment Control
30. 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.
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31. 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.
32. 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).
33. 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.
34. 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.
35. 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
36. 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.
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Retention of Existing Trees and Vegetation
37. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
38. A qualified person * must be engaged for the duration of the works to:
a. Ensure works are carried out in accordance with the approved Arborist Report;
b. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing);
c. Supervise tree protection within the council road reserve, and neighbouring properties
prior to, during and following construction in accordance with AS 4970, Protection of
trees on development sites;
d. Oversee approved tree removal in proximity to retained trees;
e. 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.
*(Refer to Advisory Note)
Vegetation Clearing
39. Removal of trees and vegetation must be undertaken by a qualified person* and must
include:
a. No damage to vegetation for retention.
b. Legal disposal of all removed vegetation and debris.
Fauna Management
40. Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas, possums, birds
etc.) If wildlife is present, the tree vegetation must not be felled or pruned until the wildlife
has left vegetation or has been relocated by a qualified fauna spotter catcher.
*(Refer to Advisory Note)
Landscaping Works
41. 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)
42. 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.
43. Street trees must:
a. Meet AS2303 Tree stock for landscape use.
b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
FOLLOWING CONSTRUCTION
Certification
44. 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.
45. 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.
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Supervision/Certification
46. 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)
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Equitable Access and Facilities
1. 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.
Development Compliance Inspection
2. 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
3. The assessment of this development was based on a proposal for a Multiple Dwelling (as
defined in the Noosa Plan 2020) with three units, as indicated on the Approved Plans.
Resubmission of Amended Plans Required
4. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU25/0054, separate to any Operational Works application.
To avoid delays and assessment issues with the Operational Works application, it is
recommended the plan/s be resubmitted prior to lodgement of any Operational Works
application. However, should the plans not be submitted, the applicant is advised that a
Preliminary Approval may be issued in lieu of a Development Permit.
Infrastructure Charges
5. 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.
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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
7. Where the works include Council assets (construction of new or modifications to existing) a
portion of the performance bond will be retained as a “maintenance bond” as described in
Council’s Planning Scheme Policy 6 Engineering Design Standards. Alternatively, the
developer may submit a separate “maintenance bond” at the completion of the works.
The bond amount will be:
a. 5% of the agreed value of the works or
b. $1500, whichever is the greater amount
Fires in Urban Areas
8. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
DEMOLITION WORKS
9. Please be advised that the building work, in accordance with section 71 of the Building Act
1975, must substantially start within 2 months and must be completed within 1 year after the
issue of the building development approval.
10. Where required, a temporary crossing must be provided to protect road reserve infrastructure
including kerb and channel.
11. Any damage to footpaths. Street plantings, natural vegetation/trees, kerb and channel,
bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
pre-existing conditions.
12. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2018 and the Environmental Protection
Regulation 2019.
13. NOTE: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
14. 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.
15. The ‘Plumbing and Drainage Regulation 2019’ states that at demolition or removal of a
building requires the existing sanitary drain upstream from the connection point for a service
provider’s sewerage system must be sealed water tight. This work is deemed as Notifiable
Work and must be carried out by a suitably licenced plumber who shall submit an As
Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
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16. The ‘Plumbing and Drainage Regulation 2019’ states work necessary for installing, replacing
or removing a testable backflow prevention device is included work for Notifiable Work.
Removal must be carried out by a suitably licenced plumber who shall submit a Form 9
(Registration & Report on Inspection and Testing of Backflow Prevention Devices) and Form
4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission)
within 10 days of completing the work. Notification to Council once works and document
submission is complete allows removal of backflow prevention devices from Council’s
backflow register.
17. All activities associated with the removal or demolition must be contained within the property
boundaries at all times with site gateways opening inwards and at approved locations only.
If the works cannot be contained within the site, a road and footpath permit must be applied
for.
OPERATIONAL WORKS
Building and Construction Industry (Portable Long Service Leave) Levy
18. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Resubmission of Amended Documents Required
19. The conditions of this Decision Notice require resubmission of the referenced Geotechnical
Investigation Report Prepared by PTG Consulting Rev 1 dated 28 April 2025 and Dewatering
Management Plan Prepared by ADG Consulting Rev 0 to Council with amendments. Please
address the amended documents to Council’s Development Assessment Branch with the
Reference No. MCU25/0054 & OPW25/0077.
Qualified Person
20. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
21. For the purpose of preparing an Acid Sulfate Soil and Groundwater Management Plan, a
qualified person is considered to be either:
a. a Registered Professional Engineer of Queensland (RPEQ); or
b. a soil scientist with a minimum of 5 years experience in the field of acid sulfate soils.
General Advisory Notes
22. 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.
23. 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.
24. 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.
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Prestart, On and Off Maintenance Inspections Request
25. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
26. 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.
27. 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
28. 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.
Erosion and Sediment Control
29. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
30. 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).
31. 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.
If at the time of request for plan sealing, the method of short-term stabilisation has not
achieved a level of stability that Council's Officers believe will have a high probability
of achieving long term stability (i.e. until house construction has occurred on all lots),
Council Officers may take the following matters into consideration in determining
whether the site is capable of achieving medium to long-term stability:
• evidence that the site has been effectively stabilised in the short term;
• evidence that soil has been adequately ameliorated;
• evidence that seed of annual and perennial grass species has been applied at an
adequate rate; and
• that grass seed has germinated at a density that is likely to achieve an effective
grass cover.
For example, while hydromulch can provide an immediate and effective stabilising
cover to soils, the protective cover can be relatively short-lived if vegetation fails to
establish before the thin layer of mulch decomposes. So if hydromulch is selected as
the method of temporary short term stabilisation, Council Officers will seek to confirm
that perennial as well as annual grasses are well established at the time of plan sealing
to reduce the risk of instability of the site in the medium to long term. As a general rule,
hydromulch will only be accepted as a “patch” fix and should comprise no more than
20% of the exposed site area due to the high risk of failure. Due to the requirement to
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progressively stabilise exposed areas, it is not envisioned that this will present any
difficulties for an appropriately managed and compliant site.
Retention of Existing Trees
32. 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.
Qualified Person
33. 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 Specifying Trees – a guide to
assessment of tree quality (NATSPEC) assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
d. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Landscape Works
34. 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.
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 (excluding demolition work).
11. SUBMISSIONS
Not applicable.
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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.
Yours faithfully,
Cameron Smith
Development Planner
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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