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Decision Notice - Approved by Delegation of Authority - MCU26 0003 (As Published)
Officer: Matthew Pinese
Direct Telephone: 07 5329 6245
Our Reference: MCU26/0003
Your Reference: 25023
5 August 2026
AE Hanson
C/- Adamson Town Planning Pty Ltd
PO Box 894
COOROY QLD 4563
[email protected]
Dear Shane,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 3 August 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU26/0003
Street address: 3 Grady Street, Kin Kin Qld 4571
Real property description: Lot 206 on K6575
Planning Scheme: Noosa Plan 2020 (Amendment 2 - 26 September 2025)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Dwelling house
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
2. This development approval lapses if the use has not happened by 3 August 2032 unless an
application to extend the currency period is approved by Council.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Page 2
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
VG127 A100 5 Site Plan prepared by GS 4/06/2026
VG127 A140 5 Existing and Demolition Plan prepared by GS 4/06/2026
VG127 A300 5 Floor Plan prepared by GS 4/06/2026
VG127 A500 5 Elevations – Sheet 1 prepared by GS 4/06/2026
VG127 A510 5 Elevations – Sheet 2 prepared by GS 4/06/2026
2327 C02 A Driveway Crossover and Details Plan prepared by 22/06/2026
Stanford Consulting
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground level.
Including where excavation is undertaken the exposed portion of the external façade of the
building.
Heritage
5. The existing heritage building known as St Luke's Anglican Church shall be retained on the
site and must not be demolished, removed or substantially altered except in accordance with
the approved plans.
6. Existing heritage features including the original building form, roof form and pitch, external
timber cladding, windows, doors, verandahs, decorative elements and stained glass windows
(where existing) shall be retained and protected unless otherwise approved by Council.
7. Any repair, replacement or extension works must utilise materials, colours, finishes and
detailing that are consistent with and complementary to the heritage character of the building.
The church is to retain the same colour scheme as shown on the attached Local heritage
place card.
8. Future external alterations to the heritage building, including new openings, awnings, decks,
balustrades, cladding, roofing materials or external services, must maintain the heritage
significance of the place and be generally consistent with the approved development.
9. Prior to commencement of building works, all onsite workers are to be advised by the site
foreman/supervisor that the former church is a heritage building and that no damage is to be
caused by construction activities, storage of materials, excavation works and vehicle
movements.
10. Prior to commencement of building works, an archival photographic record of the existing
heritage building shall be prepared and submitted to Council (see attached guideline). The
record shall include all elevations, principal internal spaces and significant architectural
features.
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ENGINEERING
Site Access and Driveways
11. A sealed access driveway must be provided from Gradys Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
Stanford Consulting’s Driveway Crossover and Details Plan (2327 C02, Rev. A) and must
include in particular:
a. a driveway crossover in accordance with Council’s standard drawing RS-056 and any
associated addendum.
12. Prior to the construction of the driveway crossover, the applicant must submit to Council:
a. all necessary approvals from external service providers and external parties on which
the development works are proposed;
b. certificates demonstrating currency of public liability insurance and works insurance
covering the works;
c. a condition report including photographs of the frontage of the site; and
d. a Construction Management Plan which much address the following:
i. Traffic management during all phases of construction;
ii. Adequate parking arrangements for works and deliveries;
iii. appropriate traffic signage in accordance with the Manual of Uniform Traffic
Control Devices (MUTCD); and
iv. provision for safe vehicle and pedestrian access across the frontage of the site
both during daily construction and after daily construction has ceased.
13. Certification by a Registered Professional Engineer of Queensland that states that the
driveway crossover is constructed in accordance with Stanford Consulting’s Driveway
Crossover and Details Plan (2327 C02, Rev. A) must be submitted to Council. This
certification must be submitted to Council within three (3) months of the commencement of
the use.
14. 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.
Stormwater Drainage
15. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge or disposed of on-site without causing scour or damage to the subject site or any
adjoining property.
Easements
16. 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.
17. 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.
18. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
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Earthworks and Retaining Walls
19. 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. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
20. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
21. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
22. 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.
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
23. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
Removal of Existing Trees and Vegetation
24. Approved tree removal is limited to the two trees nominated in the approved ‘Existing &
Demolition Plan’ listed in this Decision Notice.
25. All existing native vegetation along the southern, eastern and northern boundaries is to be
retained, unless otherwise approved by Council.
26. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
a. Stump grinding to below finished surface level
b. Rectification to the finished surface levels and materials.
c. No damage to other vegetation for retention.
d. Legal disposal of all removed vegetation and debris.
e. Replanting at a ratio of one replacement tree for each removed tree. Replacement
species are to be selected from the Noosa Council PSP2 Landscaping.
*(Refer to Advisory Note)
Fauna Management
27. Fauna or fauna habitat relating approved tree removal/clearing works must be managed by
a qualified person*.
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28. Prior to felling or pruning, all trees are to be inspected for wildlife (i.e. koalas, possums, birds’
nests etc). If wildlife is present, the tree must not be felled or pruned until the wildlife has left
the tree or has been removed by a qualified person*.
*(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:
Building and Construction Industry (Portable Long Service Leave) Levy
1. 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.
Biosecurity Act 2014 – Fire Ant Control
2. 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
3. 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 drawing RS-056.
Prestart, On and Off Maintenance Inspections Request
4. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
5. 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.
Qualified person
6. A Qualified Person, for the purpose of:
a. undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection and hazard identification/mitigation assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
b. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Retention of Existing Trees
7. The existing trees on adjoining properties must be retained and protected during
construction. 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.
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Equitable Access and Facilities
8. 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.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully
Matthew Pinese
Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
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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