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Preliminary Approval - Decision Notice - Approved by Delegation of Authority MCU24/0125 (As Published) · RAL24/0021
Officer: Matthew Pinese
Direct Telephone: 07 53296316
Our Reference: MCU24/0125 OPW24/0158, RAL24/0021
Your Reference: 0685
1 April 2025
Courtware Australia Pty Ltd
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 1 April 2025, Council decided to approve the
application and issued a preliminary approval only subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU24/0125, OPW24/0158 and RAL24/0021
Street address: 73, 75 and 77 Eumundi Noosa Road and 2c, 2d and 2e Starboard
Avenue, Noosaville Qld 4566
Real property description: Lots 1, 2, 3, 48, 49 and 50 on SP 298783
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Preliminary Approval for Material Change of Use - Multiple dwelling (15 Units)
• Preliminary Approval for Operational Works for Roadworks, Drainage Work, Stormwater,
Earthworks and Landscaping
• Preliminary Approval for Reconfiguring a Lot - Community Title Subdivision (1 Lot into 15
Lots)
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
When Conditions must be Complied With
1. Amended plans and associated reports must be submitted to Council prior to any further
development applications being made and must include the following to the reasonable
satisfaction of the Manager, Development Assessment:
1.1. Amended proposal plans to reference the required number of resident car parking
spaces, being 30 spaces in accordance with Table 9.4.1.4 Minimum parking
requirements of the Driveways and Parking Code.
1.2. Amended proposal plans to relocate visitor car park 4 from the access
handle/easement to a suitable location closer to Units 12-15.
1.3. Sensitive spaces, such as bedroom within 3m of noise generating areas are to be
acoustically treated with treatments shown on the amended proposal plans, such as
double glazing to ensure that the acoustic privacy of these areas is achieved.
1.4. Amended proposal plans to clearly detail that the pool and terrace areas and upper-
level balcony and windows are appropriately screened or treated to minimise
overlooking into the private open space areas of adjoining residents.
1.5. Confirm whether the combination of fill, retaining walls and fencing results in some
overall fence heights of approximately 4m, when viewed from the adjoining properties
and address the potential amenity impacts resulting from this outcome. Where
necessary, amend the proposal plans to address any impacts that cannot be
managed through reasonable and relevant conditions.
1.6. Confirm the methodology used to determine the proposed site cover shown on the
proposal plans. Specifically, why several portions of the built form of Units 1-5, 8, 10,
12-15, have been excluded from the site cover calculation.
1.7. Where required, provide amended landscaping, reconfiguring a lot and operational
works plans to reflect any changes made to the proposal plans.
Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and lodged with Council by 1 April 2027, unless an application to extend the
currency period is approved by Council.
Stormwater Drainage
3. Prior to Council issuing a Development Permit, provide an amended Stormwater
Management Plan and associated Engineering Drawings that incorporates an allowance for
climate change in accordance with Performance Outcome 2 of the Water Quality and
Drainage Code. The amended package must include amendments to Engeny’s Stormwater
Management Plan and associated Engineering Drawings prepared by TOD Consulting, be
prepared by a suitably qualified person (RPEQ), and include in particular:
3.1. allowance for a 20% increase in rainfall intensity by the year 2100 for all modelled
scenarios (10% and 1% AEP event);
3.2. a revised assessment of non-worsening based on like-for-like scenarios for climate
change scenarios, based on the 1% AEP event (2100);
3.3. revised internal site drainage drawings and calculations to include a climate change
allowance; and
3.4. additional detail demonstrating how the “gap flow” has been calculated – nothing that
Section 4.1 of the Stormwater Management Plan suggests that development flows in
excess of the pipe network fail to report to the existing bioretention basin in Ely Street.
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Waste Management
4. Prior to Council issuing a Development Permit, provide a Waste Management Plan
demonstrating that all waste servicing and collection is to occur onsite. The Waste
Management Plan must be prepared by a suitably qualified person and include, in particular:
4.1. onsite collection of refuse/recycling must be undertaken using 1,100 litre, low-noise
waste containers – waste servicing, include the storage of waste containers, must
occur in locations that minimise the amenity impact on adjacent properties.
4.2. provision for on-site servicing by a Refuse Collection Vehicle (i.e., Dennis Eagle Elite
2 6x4 with rear lift configuration) – the Refuse Collection Vehicle must be able to enter
and exit the site in a forward gear while remaining wholly within the access driveway
(i.e., the access handle to Starboard Avenue).
4.3. If a Refuse Collection Vehicle is unable to remain wholly within the access driveway,
provide a revised development layout that accommodate on-site manoeuvring of a
Refuse Collection Vehicle; and
4.4. Compliance with The Noosa Plan 2020 – Waste Management Code and PSP9 Waste
Management.
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:
Resubmission of Amended Plans Required
1. The conditions of this Decision Notice require resubmission of plan/s to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU24/0125, OPW24/0158 and RAL24/0021.
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 Material Change of Multiple Dwelling (15 Units)
Use
Development Permit for Reconfiguring a Lot Community Title Subdivision (1 Lot into 15 Lots)
Development Permit for Operational Works Roadworks, Drainage Work, Stormwater,
Earthworks and Landscaping
Development Permit for Building Works All building works.
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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,
Matt Pinese
Development Planner
Enc: Appeal Rights
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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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Document Set ID: 23674313
Version: 6, Version Date: 08/04/2025
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Preliminary Approval - Decision Notice - Approved by Delegation of Authority MCU24/0125 (As Published)Related documentApplication case desk ↗
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