Council archive · source document
Approved Decision Notice - MCU24/0112 [As Published]
Officer: Matthew Pinese
Direct Telephone: 07 53296316
Our Reference: MCU24/0112
Your Reference: P0054593
14 February 2025
Snowlake Pty Ltd TTE
C/- Urbis Pty Ltd
Level 32, 300 George Street
BRISBANE 4000
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 7 February 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU24/0112
Street address: 100 Hilton Terrace, Noosaville Qld 4566
Real property description: Lot 1 on SP315600
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Approval for a Material Change of Use - Multiple dwelling (4 units)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
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 7 February 2031, 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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Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table/s below.
The plans must be amended to incorporate the amendments listed within the table below
and resubmitted to Council prior to the issue of any Development Permit for Building Works*
Plan No. Rev. Plan/Document Name Date
AO1000 100 - Proposed Site Plan prepared by Blight Rayner 24/01/2025
Hilton Tce
AO1001 100 - Overall Plan – Ground Floor prepared by Blight 24/01/2025
Hilton Tce Rayner
AO1002 100 - Overall Plan – Level 01 prepared by Blight Rayner 24/01/2025
Hilton Tce
AO1003 100 - Overall Section prepared by Blight Rayner 24/01/2025
Hilton Tce
AO1004 100 - Overall Elevations prepared by Blight Rayner 24/01/2025
Hilton Tce
AO1005 100 - Overall Elevations prepared by Blight Rayner 24/01/2025
Hilton Tce
AO1006 100 - Overall Street Elevations prepared by Blight 24/01/2025
Hilton Tce Rayner
AO2000 100 - Floor Plan – Ground Floor (Type 1 - 4 Bedroom) 24/01/2025
Hilton Tce prepared by Blight Rayner
AO2001 100 - Floor Plan – Level 01 (Type 1 - 4 Bedroom) 24/01/2025
Hilton Tce prepared by Blight Rayner
AO2002 100 - Roof Plan (Type 1 - 4 Bedroom) prepared by Blight 24/01/2025
Hilton Tce Rayner
AO2010 100 - Floor Plan – Ground Floor (Type 2 - 3 Bedroom) 24/01/2025
Hilton Tce prepared by Blight Rayner
AO2011 100 - Floor Plan – Level 01 (Type 2 - 3 Bedroom) 24/01/2025
Hilton Tce prepared by Blight Rayner
AO2012 100 - Roof Plan (Type 2 - 3 Bedroom) prepared by Blight 24/01/2025
Hilton Tce Rayner
Nature and Extent of Approved Use
4. The approved development consists of Multiple dwelling (4 units).
Built Form and Development Appearance
5. 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.
6. The external wall along the eastern elevation of the development is to incorporate further
design elements to add visual interest and improve amenity.
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7. 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.
8. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures.
9. All balustrades to decks and balcony areas must be open or transparent.
10. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
11. 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.
12. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Building Height
13. The maximum height of the development must not exceed 8 metres above the natural and
finished ground levels.
14. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
15. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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.
Street Identification
16. The street address of the development from Hilton Terrace 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.
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.
19. The existing fences along the northern property boundary are to be removed
Clothes Drying Areas
20. Each dwelling must be provided with access to an outdoor clothesline which is screened from
public view (external to the development site) and where achievable, internal to the
development.
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.
Landscaping Works
23. 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. detailed landscape plans undertaken by a suitably qualified landscape architect
generally in accordance with the landscape areas shown on the Approved Plans.
b. detailed landscape design for the upper level podium planting area, that provides
screening and privacy for the unit occupants.
c. vegetated screening of the built form when viewed from Hilton Terrace, designed such
that the development will be softened and screened at maturity.
d. The full width of the landscaped areas along the eastern elevation are to be densely
vegetated with a combination of trees, shrubs and groundcovers.
e. The landscaped areas between each garage are to be densely planted with shade
tolerant species, which are low maintenance.
f. trees, shrubs, groundcovers and grasses must be selected from the preferred plant
species list within the Planning Scheme Policy 2 – Landscaping.
g. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage.
h. provision of 1 ‘street tree within the road reserve for every 6 metres of road frontage
utilising any of the following species:
a. Callistemon viminalis
b. Barklya syringifolia
c. Syzygium oleosum
d. Flindersia collina
24. 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.
Waste Storage
25. The refuse areas must be of muted environmental tones to reduce the visual impact of the
infrastructure in the streetscape and suitably screened by landscaping where viewed from
the street.
26. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9, Waste Management, including an external imperviously paved
area correctly sized for all refuse and recycling containers and suitably screened from public
places and neighbouring properties.
27. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
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External Works
28. Hilton Terrace must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice.
Site Access and Driveways
29. A sealed access driveway must be provided from Hilton Terrace to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. a driveway crossover in accordance with council standard drawings RS-049 and RS-
050.
Car Parking
30. A minimum of 8 car parking spaces must be provided and marked on the site and made
available and accessible at all times for residents. 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.
31. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian and Bicycle Facilities
32. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. a 2 metre wide concrete footpath within the road verge for the entire length of the site’s
frontage to Hilton Terrace;
b. Floor finish for pedestrian pathways, to provide contrast in colour and texture to
driveway, generally in accordance with plan A1001, “Overall Plan – Ground Floor”,
prepared by Blight Rayner.
Stormwater Drainage
33. 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 an Operational Works approval
and generally in accordance with:
a. “Stormwater Management Report”, ref: S24-163, prepared by Westera Partners, dated
7 November 2024.
Services
34. Reticulated electricity and telecommunication services must be provided to each unit in
accordance with the standards and requirements of the relevant service provider.
35. 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.
36. 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.
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Easements
37. 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.
38. 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.
39. 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
40. All fill and associated batters must be undertaken in accordance with an Operational Works
approval and contained entirely within the subject site unless written permission from the
respective landowner(s) is provided to Council.
41. 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 Sulphate Soils
42. Prior to the issuing an Operational Works approval, provide an Acid Sulphate Soil
Management Plan for the site (with recommendations), prepared by a qualified person*, in
case acid sulphate soils are encountered during construction.
* For the purpose of preparing an Acid Sulphate Soils, 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 sulphate soils.
Damage to Services and Assets
43. 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.
Demolition Works
Codes of Development
44. 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.
Works
45. 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.
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Waste Management
46. 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.
47. 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.
48. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work.
Health and Safety
49. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
50. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
51. 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.
52. 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.
General
53. Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
54. 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.
Plumbing and Drainage
55. 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.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
S24-163 A Stormwater Management Plan prepared by 07/11/2024
Westera Partners
S24-163-PO1 - Site Plan prepared by Westera Partners October 2024
Sheet 01 of 03
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S24-163-PO2 - Preliminary Stormwater Management Plan October 2024
prepared by Westera Partners
Sheet 02 of 03
S24-163-PO3 - Preliminary Stormwater Concept Plan and Section October 2024
prepared by Westera Partners
Sheet 03 of 03
S24-163-PE1 - Earthworks Site Plan prepared by Westera October 2024
Partners
Sheet 01 of 02
S24-163-PE1 - Preliminary Earthworks Plan prepared by Westera October 2024
Partners
Sheet 02 of 02
P0056312 SK02 C B50 Small Car Swept Path prepared by Urbis 24/01/2025
P0056312 SK02 B Visitor Parking Bay prepared by Urbis 24/01/2025
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.
Co-ordination of Operational Works Assessment
2. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
3. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD);
d. provision for safe pedestrian access across the frontage of the site both during daily
construction and after daily construction has ceased.
Infrastructure Charges
4. 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. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Performance Bond Agreement
5. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
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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 Operational Works Frontage Works, Site Access, Carparking,
Stormwater, Earthworks
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,
Matt Pinese
Development Planner
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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