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Decision Notice MCU25 0096 & OPW25 0146 (As Published)
Officer: Tiani Bird
Direct Telephone: 07 5329 6389
Our Reference: MCU25/0096
OPW25/0146
Your Reference: 20251016
13 November 2025
The Macky Group Pty Ltd
C/- Adapt Development Management P/L
Level 1/103 Sippy Downs Dr
SIPPY DOWNS QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 11 November 2025, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU25/0096 & OPW25/0146
Street address: 5 Lake St Tewantin
Real property description: Lot 4 RP 57456
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 - Dual Occupancy
• Development Permit for Operational Works - Stormwater, Drainage, Earthworks,
Landscaping & Crossover
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
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
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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2. This development approval lapses if the use has not happened by 11 November 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
7341-DA02 05 Location Plan & Summary, prepared by 30/10/2025
Blackburne Jackson
7341-DA03 05 Floor Plan – Level 1, prepared by 30/10/2025
Blackburne Jackson
7341-DA04 05 Floor Plan – Level 2, prepared by 30/10/2025
Blackburne Jackson
7341-DA05 05 Roof Plan, prepared by Blackburne Jackson 30/10/2025
7341-DA06 05 Elevations, prepared by Blackburne 30/10/2025
Jackson
7341-DA07 05 Elevations, prepared by Blackburne 30/10/2025
Jackson
7341-DA08 05 Sections, prepared by Blackburne Jackson 30/10/2025
7341_L01-01_A A Landscape Notes & Schedules July 2025
7341_L03-01_A A Landscape Planting Plan July 2025
7341_L07-01_A A Landscape Details July 2025
Building Height
4. The maximum height of the development must not exceed 8.150 metres above the ground
level.
5. 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
6. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 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.
7. 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.
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).
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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.
13. All balustrades to decks and balcony areas must be open or transparent.
Fencing and Walls
14. Any street fencing (or combined fence and wall) must not exceed 2 metres in height, be set
back an average of 1 metre and articulated to provide visual interest by stepping the design.
15. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Protection of Privacy
16. To ensure privacy is protected between adjoining properties, the window located on the
northern upper level building face of Unit 1 and 2 must either:
(a) Have a minimum window sill height or 1.7 metres above floor level
(b) Be fitted with translucent glazing
(c) Be fitted with a fixed external screen
Landscaping Works
17. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
(a) The works shown on the Approved Plans.
(b) Vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage.
18. 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.
19. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Waste Management
20. 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.
Community Management Statement
21. 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.
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22. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
(a) The dwelling units are not permitted to be used for short term accommodation, unless
where identified as accepted development by the Noosa Plan or where there is a
Development Permit for Material Change of Use for Short Term Accommodation in
effect. Short term accommodation means the use of the premises for providing
accommodation of less than 3 consecutive months to tourists or travellers.
ENGINEERING
External Works
23. Lake Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with the conditions of this Decision Notice, be generally
in accordance with Ingeniir’s Proposed Site Layout (C04 Issue 2) and must include in
particular:
(a) Construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice;
(b) Removal of the existing property access and reinstatement of the kerb 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
24. A sealed access driveway must be provided from Lake Street to all parking and manoeuvring
areas of the development. The works must be undertaken in accordance with the conditions
of this Decision Notice, be generally in accordance with Ingeniir’s Proposed Site Layout (C04
Issue 2) and must include in particular:
(a) A driveway crossover generally in accordance with Council standard drawings RS-049
and RS-050.
Car Parking
25. A minimum of 3 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with the conditions of this Decision Notice, and must
include in particular:
(a) Dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Pedestrian Facilities
26. Pedestrian facilities must be provided for the development. The works must be undertaken
in accordance with the conditions of this Decision Notice and must include in particular:
(a) A 1.5 metre wide footpath within the road verge for the entire length of the site’s
frontage to Lake Street.
Stormwater Drainage
27. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with the conditions of this Decision
Notice, be generally in accordance with Ingeniir’s Proposed Stormwater and Site Level
Layout (C05 Issue 2) and Proposed Stormwater Details (C07 Issue 2).
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Services
28. 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.
29. 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
30. 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.
31. 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.
32. 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
33. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be undertaken in accordance with the conditions of this
Decision Notice, be generally in accordance with Ingeniir’s Proposed Earthworks Layout Plan
(C08 Issue 2) and Proposed Earthworks Sections (C09 Issue 2).
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS - STORMWATER, DRAINAGE,
EARTHWORKS, LANDSCAPING & CROSSOVER – OPW25/0146
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. The currency period for this development approval lapses if the development has not
substantially started by 11 November 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
C04 2 Proposed Site Layout Prepared by 03/11/2025
Ingeniir
C05 2 Proposed Stormwater and Site Level 03/11/2025
Layout Prepared by Ingeniir
C07 2 Proposed Stormwater Details Prepared 03/11/2025
by Ingeniir
C08 2 Proposed Earthworks Layout Plan 03/11/2025
Prepared by Ingeniir
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C09 2 Proposed Earthworks Layout Plan 03/11/2025
Prepared by Ingeniir
7341_L01- A Landscape Notes & Schedules July 2025
01_A
7341_L03- A Landscape Planting Plan July 2025
01_A
7341_L07- A Landscape Details July 2025
01_A
PRIOR TO COMMENCEMENT OF WORKS
Engineering
4. All necessary approvals from external service providers (e.g. Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
5. 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.
6. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
7. 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;
(d) Other relevant parties
8. A Construction Management Plan must be submitted prior to the prestart meeting 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)
(d) provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
9. Prior to the commencement of municipal works associated with this development, Council
requires the provision of a bank guarantee, or a cash bond, of not less than 10% (minimum
of $5000) of the value of the municipal works.
10. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
11. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
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Landscaping Works
12. 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.
13. Prior to requesting a pre-start meeting, a condition report of all Council assets, including
stormwater structures, grassed areas, kerb and channel, footpaths, in the frontage of the site
works must be provided to Council.
14. All works must be constructed and work procedure undertaken in accordance with:
(a) The approved plans/documents and conditions detailed in this Decision Notice.
(b) The relevant conditions of the higher order Material Change of Use approval viz.
MCU25/0096 to which this approval relates.
(c) All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
(d) The latest version of Water Sensitive Urban Design Technical Design Guidelines for
South East Queensland (Healthy Waterways) for all water quality devices to be
constructed on site.
15. All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
DURING CONSTRUCTION
Engineering
16. 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.
17. 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.
18. 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
(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
19. 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.
20. 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.
21. The verge is to be modified such that the maximum crossfall for the verge is 5%, except in
the location of a pathway where the maximum crossfall is to be 2.5%.
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Pathways
22. All pathways must be constructed in accordance with the following requirements:
(a) All footpath/cycleway must comply with Council’s Standard Drawing RS-065.
(b) Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards.
(c) All paths must have a slip resistant surface.
(d) Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists.
(e) The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
23. Pathways must:
(a) Terminate in a manner that ensures smooth transition to existing surfaces for public
safety.
(b) Be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
24. Driveway crossovers must be constructed in accordance with the approved plans and
generally in accordance with council’s Standard Drawings RS-049, RS-050.
25. 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.
26. 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.
(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
27. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development.
28. 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.
29. Fall protection must be provided to retaining walls that are over 1m high.
30. Slope and batters are a maximum grade of:
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(a) 1 in 6 where in proximity to waterbodies
(b) 1 in 4 for grassed areas.
(c) 1 in 3 for planted areas.
(d) 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
31. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
32. 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).
33. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
34. 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.
35. 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.
36. 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).
37. 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.
38. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
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39. 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
40. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
(a) where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
(b) where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION
Certification
41. 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.
As Constructed Plans and ADAC XML Files (Council)
42. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information shall include:
(a) As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
(b) ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
(c) The “As-Constructed” drawings will require certification by a:
Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with
applicable standards and specifications, along with the relevant descriptions of assets, services
and structures and;
Registered Cadastral Surveyor (Qld) in regard to the cadastral and locational information, levels
and applicable survey datum.
The data must be in accordance with Council’s “Planning Scheme Policy 6 – Engineering
Design Standards”, and fully detail the levels for all engineering works including but not
limited to the drainage network and structures, finished ground and pavement surface levels.
On Maintenance
43. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On
Maintenance’, the supervising RPEQ must submit to Council:
(a) Certification that all works have been undertaken and completed in accordance with
the requirements of this Permit.
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(b) As Constructed details in accordance with Council’s Planning Scheme Policy.
(c) Maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
44. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
45. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
(a) A Council inspection reveals works do not comply with approval requirements
(b) Submitted certification falsely states work comply with approval requirements.
46. 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.
Landscaping
(a) Supervision/Certification
(b) Prior to commencement of use the following (prepared by respective qualified persons*
and certifying compliance with approvals) must be submitted to Council:
(c) 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
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.
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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.
Short Stay Letting
3. On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home
hosted accommodation. The local law commenced on 1 February 2022. A one off application
will need to be made, under the new local law, for all existing and new properties operating
short stay letting or home hosted accommodation, unless identified as exempt.
For more information and application forms, please visit Council’s website below:
https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
Development Compliance Inspection
4. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
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.
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.
Fires in Urban Areas
7. 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
8. Qualified Person, for the purpose of:
(a) Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
Landscape Works
9. 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 and/or
(b) Certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
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Retention of Existing Trees
10. 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.
General Advisory Notes
11. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed in accordance with standard drawings RS-049 and
RS-050.
12. 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.
13. 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.
14. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
15. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
16. 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.
17. 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
18. 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
19. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
20. 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).
21. 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:
(i) Appropriate for slopes and slope lengths; and
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(ii) 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.
(i) 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:
(ii) evidence that the site has been effectively stabilised in the short term;
(iii) evidence that soil has been adequately ameliorated;
(iv) evidence that seed of annual and perennial grass species has been applied
at an adequate rate; and
(v) 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 progressively stabilise exposed areas, it is not
envisioned that this will present any difficulties for an appropriately managed and compliant
site.
Road Reserve Permit
22. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council’s road reserve
for the purpose of acting on this development permit may require a Road Reserve Permit.
These additional activities may include, but are not limited to, hoarding, pedestrian
diversions, laneway closures, etc. To apply for a Road Reserve Permit, or for more
information, Contact Council’s Road Reserve Officer at [email protected] Act 2014 – Fire Ant Control
23. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
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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 works).
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Tiani Bird
Development Planner
Enc: Appeal Rights
List of Submitters
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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