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Decision Notice - Council Meeting Decision MCU24 0074 · MCU24/0074
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: MCU24/0074
Your Reference: 0385
25 March 2025
Gympie Terrace P/L TTE
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 20 March 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU24/0074
Street address: 203 - 207 Gympie Tce Noosaville Qld 4566
Real property description: Lot 2 RP 96277, Lot 2 RP 138699
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval has been issued:
• Material Change of Use - Food and drink outlet and Short-term accommodation (16
units).
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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the use has not happened by 20 March 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 tables 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 Operational Works*
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
CD 2.01 C C Basement Plan prepared by Arkos 20.02.2025
Architects
Amendments The plan is to be amended to accommodate the waste collection
and servicing to occur on site and consistent with engineering
requirements outlined in condition 61.
Additional information in relation to the ‘end of trip’ facilities are
to be included on the plan.
A total of 29 car parking spaces are to be shown for the Short
term accommodation use on either Basement Plan or Ground
floor plan.
CD 2.02 B B Ground Floor Plan prepared by Arkos 20.02.2025
Architects
Amendments The plan is to be amended to demonstrate that a minimum of 1.0
metre width of soft landscaping can be provided to all street
frontages particularly around proposed urban infrastructure in
Albert Street.
The plan is to demonstrate a minimum of 375 square metres
of landscaping is provided on site excluding outdoor dining and
paved areas. Provide an updated calculation which separates
all landscaping areas individually to comprise 375 square
metres of landscaping.
The plan is to amend the number of ‘Tide’ structures to
maximum of 5, with each structure to provide shade to a seat,
with the structures to be built within the site boundary.
Carparks 2 - 12 are to be amended to accommodate
landscaping infrastructure in accordance with the Landscaping
Works conditions of this approval.
The ground floor plan is to accommodate on site refuse collection
in accordance with the engineering requirements stipulated in
condition 61
CD 2.03 C C Level 01 Plan prepared by Arkos 26.02.2025
Architects
CD 2.04 C C Level 02 Plan prepared by Arkos 26.02.2025
Architects
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CD 2.05 C C Level 03 Roof Tce Plan prepared by 26.02.2025
Arkos Architects
CD 2.06 C C Roof Plan prepared by Arkos Architects 26.02.2025
CD 3.01 B B Elevation 01 – Gympie Tce / North 26.02.2025
prepared by Arkos Architects
Amendments The rooftop pergola structure is to be reduced to be no more than
2.2 metres in height above roof level. The pergola is not to be
roofed or covered with an impervious material.
The horizontal roof over stairs providing access to the roof top is
not approved and is to be amended to be reduced in height and
to follow the gradient of the stairs to reduce the appearance of a
roofed area.
Any wall/s around the edge of the roof top terrace or on the roof
area are a maximum of 1.2 metres in height. A privacy wall is
permitted along the eastern side of the ‘Roof Terrace 2’ up to 1.7
metres in height.
Any splash back around the pool is to be constructed from clear
glazing or similar.
Walls located between the terrace areas are not approved and
are to be removed.
CD 3.02 B B Elevation 02 – Thomas St / West 26.02.2025
prepared by Arkos Architects
Amendments The rooftop pergola structure is to be reduced to be no more than
2.2 metres in height above roof level. The pergola is not to be
roofed or covered with an impervious material.
The horizontal roof over stairs providing access to the roof top is
not approved and is to be amended to be reduced in height and
to follow the gradient of the stairs to reduce the appearance of a
roofed area.
Any wall/s around the edge of the roof top terrace or on the roof
area are a maximum of 1.2 metres in height. A privacy wall is
permitted along the eastern side of the Roof Terrace 2 up to 1.7
metres in height.
Any splash back around the pool is to be constructed from clear
glazing or similar.
Walls located between the terrace areas are not approved and
are to be removed.
CD 3.03 B B Elevation 03 – East / Albert St prepared 26.02.2025
by Arkos Architects
Amendments The rooftop pergola structure is to be reduced to be no more than
2.2 metres in height above roof level. The pergola is not to be
roofed or covered with an impervious material.
The horizontal roof over stairs providing access to the roof top is
not approved and is to be amended to be reduced in height and
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to follow the gradient of the stairs to reduce the appearance of a
roofed area.
Any wall/s around the edge of the roof top terrace or on the roof
area are a maximum of 1.2 metres in height. A privacy wall is
permitted along the eastern side of the ‘Roof Terrace 2’ up to 1.7
metres in height.
Any splash back around the pool is to be constructed from clear
glazing or similar.
Walls located between the terrace areas are not approved and
are to be removed.
CD 3.04 B B Elevation 05 – South prepared by Arkos 26.02.2025
Architects
Amendments The rooftop pergola structure is to be reduced to be no more than
2.2 metres in height above roof level. The pergola is not to be
roofed or covered with an impervious material.
The horizontal roof over stairs providing access to the roof top is
not approved and is to be amended to be reduced in height and
to follow the gradient of the stairs to reduce the appearance of a
roofed area.
Any wall/s around the edge of the roof top terrace or on the roof
area are a maximum of 1.2 metres in height. A privacy wall is
permitted along the eastern side of the ‘Roof Terrace 2’ up to 1.7
metres in height.
Any splash back around the pool is to be constructed from clear
glazing or similar.
Walls located between the terrace areas are not approved and
are to be removed.
‘Metal cladding with a profiled design’ to the southern elevation
is not approved. An alternative design treatment is required to
be developed and shown on the elevation.
A suggested alternative could involve greater use of lightweight
natural materials / articulation of the façade / green wall to result
in a more subtropical and sympathetic visual presentation.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. The approved development consists of Food and Drink outlets and Short Term
Accommodation (16 Units) as shown on the approved plans.
5. The total number of bedrooms that are available for guest accommodation must not
exceed 36 bedrooms.
6. The Food and Drink outlets as shown on the approved plans are not to exceed, outdoor
dining (220m²), internal use area (451m²) and gross floor area 699m².
7. The Food and Drink outlet use on the premises must not operate outside the hours of:
a. Sunday to Thursday: 6am to 10pm; and
b. Friday and Saturday: 6am to 12:00 midnight.
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The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
Performance Bonds
8. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000
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.
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.
Building Form and Development Appearance
9. The two Pergolas shown on the approved plans at the roof level are not to be roofed or
covered in an impermeable membrane and are not to exceed 2.2 metres in height.
10. The maximum height of the development must not exceed the building heights shown
on the approved plans, as amended by conditions of this approval, above ground level.
11. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld)
which certifies that the buildings do not exceed the maximum height requirement of this
Decision Notice.
12. External design features, including the extent of fixed or operable screens fronting all
streets, materials, colours and finishes must be shown on the Approved Plans and
submitted to Council for written approval from the Development Assessment Manager
prior to the issue of Building approval. No inclusions or alterations are made without
approval in writing by Council.
13. Additional detailed plans and elevations showing all internal areas and design
treatments to all Short term accommodation units and entrances are to be submitted to
Council for written approval from the Development Assessment Manager prior to the
issue of any building approval.
14. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling
or the like thus remaining as open structures.
15. All balustrades to decks and balcony areas must be open or transparent.
16. 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.
17. Any security screens on the premises consist of grille or translucent screens and not
solid shutters, screens or roller-doors.
18. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary;
b. fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties. Where screened by landscaping, landscaping beds must
be at least 1.5 metres wide.
19. No part of the site may be used for outdoor storage of materials.
Amenity
20. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, amplified music, overlooking, light spill or odour)
enjoyed by surrounding residents or cause a nuisance, including a noise nuisance.
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21. The premises must not be used as a party house, with no events, functions or parties
(e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted
on site.
22. The use must be operated in accordance with the Local Law requirements for Short stay
letting at all times.
23. Service vehicle movements associated with non-residential uses on the premises
(including loading and unloading) must not occur outside the hours of 7am to 6pm
Monday to Saturday and not at all on Sundays or public holidays. The requirements of
this condition must be included in the Community Management Statement for any body
corporate for the subject site.
24. Communal outdoor recreation facilities including swimming pools, spas and sports
courts are not to be used between the hours of 10:00 PM and 6:30 AM the following day.
Noise
25. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum level allowable = background + 5dB(A)
ii. 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps, Service Room
i. 7am to 7pm: Maximum level allowable = background + 5dB(A)
ii. 7pm to 10pm: Maximum level allowable = background + 3dB(A)
iii. 10pm to 7am: No audible noise.
26. The certification must be submitted to Council, which certifies that operational noise from
any fixed plant and equipment complies and with the requirements of this Decision
Notice.
Lot Amalgamation
27. All separate, adjoining lots that form part of this application shall be amalgamated into
one undivided allotment in accordance with the Plan of Survey submitted for registration
at the Land Titles Office. Proof of title being issued for the amalgamated lot shall be
submitted to Council prior to the issue of the Development Permit for Building Works.
Easements
28. Prior to Council issuing a Development Permit for Operational Works, demonstrate that
the terms and conditions of the existing easements registered against the titles of Lot 2
on RP138699, Lot 1 on RP161212 and any other relevant parties are not contrary to the
increase in vehicle type and volume proposed as part of the development.
Should the terms and conditions be found to be contrary, demonstrate that all parties
are agreeable to amend the terms and conditions of the existing easements to allow for
the increase in vehicle type and volume.
29. 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.
30. 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.
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31. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Community Management Statement
32. 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.
33. 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 units must be used for Short term accommodation for tourists and travellers
only.
Street Identification
34. 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.
External Works – Gympie Terrace
35. Gympie 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. the existing footpath between back of kerb and property frontage is to be upgraded
with exposed coloured aggregate finish for the full width to the approval of the
Design Coordinator - Infrastructure services.
b. removal of the existing property accesses and reinstatement of the kerb, to match
the balance of the site frontage;
c. the verge area is to include street trees in accordance with the Landscaping Works
and Retention of Existing Trees as part of this approval.
d. the provision for 6 on-street carparks in a manner that does not disadvantage
adjacent properties or the function and safety of the local road network – the 6 on-
street carparks must be line marked in accordance with AS2890.05, include a
minimum width of 2.1m measured from kerb invert and achieve a minimum
separation of 1 metre between all driveway crossovers and kerb tangent points to
not disadvantage existing sight lines;
e. the provision for 6 on-street motorbike parks in a manner that does not
disadvantage adjacent properties or the function and safety of the local road
network – the 6 on-street motorbike parks must be line marked in accordance with
AS2890.05 and achieve a minimum separation of 1 metre between all driveway
crossovers and kerb tangent points to not disadvantage existing sight lines; and
f. the existing kerb ramp on the eastern side of Gympie Terrace must be upgraded
in accordance with Council’s standard drawing NSD-9006E.
Condition 35 (a) is imposed pursuant to s128 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development.
Conditions 35 (b, c, d, e and f) are imposed pursuant to s145 of the Planning Act 2016
being non-trunk infrastructure.
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External Works – Thomas Street
36. Thomas Street 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. The verge between back of kerb and property frontage is to be upgraded with
exposed coloured aggregate finish for the full width to the approval of the Design
Coordinator - Infrastructure services.
b. Existing mature vegetation within the road reserve must be retained and protected;
c. area is to include street trees in accordance with the Landscaping Works and
Retention of Existing Trees as part of this approval;
Condition 36 (a) is imposed pursuant to s128 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development.
Conditions 36 (b and c) are imposed pursuant to s145 of the Planning Act 2016 being
non-trunk infrastructure.
External Works – Albert Street
37. Albert Street 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, be
generally in accordance with RECOR’s General Arrangement Plan – Ground Floor (010,
Rev. C) dated 20 December 2024 and must include in particular:
a. a 1.5-metre wide concrete pedestrian footpath within the road verge for the entire
length of the site’s frontage to Albert Street. The footpath’s width can be reduced
(to a minimum of 1.2 metres), only in locations where a 1.5-metre wide footpath
would impede on minimum clearances from services (i.e., light poles) or result in
the creation of trip hazards for pedestrians;
b. removal of the existing property accesses and reinstatement of the kerb, footpath
and verge area to match the balance of the site frontage, including the provision
of topsoil and turf where the existing verge is grassed;
c. the verge area is to include street trees in accordance with the Landscaping Works
and Retention of Existing Trees as part of this approval;
d. the provision for 6 on-street carparks in a manner that does not disadvantage
adjacent properties or the function and safety of the local road network. The 6 on-
street carparks must be line marked in accordance with AS2890.05, include a
minimum width of 2.1m measured from kerb invert and achieve a minimum
separation of 1 metre between all driveway crossovers and kerb tangents point to
not disadvantage existing sight lines; and
e. the provision for 4 on-street motorbike parks in a manner that does not
disadvantage adjacent properties or the function and safety of the local road
network. The 4 on-street motorbike parks must be line marked in accordance with
AS2890.05 and achieve a minimum separation of 1 metre between all driveway
crossovers and kerb tangent points to not disadvantage existing sight lines.
Condition 37 (a, b, c, d, and e) are imposed pursuant to s145 of the Planning Act 2016
being non-trunk infrastructure.
Site Access and Driveways
38. A sealed access driveway must be provided from Albert Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance
with an Operational Works approval, be generally in accordance with RECOR’s General
Arrangement Plan – Ground Floor (010, Rev. C) dated 20 December 2024 and must
include in particular:
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a. a driveway crossover in accordance with Council’s standard drawing RS-051; and
b. suitable safety measures, including warning signage, to improve driver awareness
of pedestrians and enhance pedestrian safety.
Warning signage must be provided near the exit ramp from the underground
parking area to warn motorists of pedestrian movement along the frontage street.
39. An assessment of the existing access driveway on Thomas Street must be undertaken
in accordance with an Operational Works approval. The assessment must be prepared
by a suitably qualified person (RPEQ) and include an assessment on the condition of
the existing access driveway and provide recommendations to achieve compliance with
Council’s standard drawing RS-051.
Car Parking
40. A minimum of 56 car parking spaces and 10 motorcycle spaces must be provided and
marked on the site and always made available and accessible while the use is open for
business. The works must be undertaken in accordance with an Operational Works
approval, be generally in accordance with Arkos’ Basement Plan (CD 2.01, Rev. C) and
Ground Floor Plan (CD 2.02, Rev. B) dated 20 February 2025 and must include in
particular::
a. 29 parking spaces within the total, for Short-term accommodation uses and 27
spaces for Food and Drink Outlet uses which are clearly marked for each purpose
and accessible at all times;
b. pedestrian routes in accordance with the conditions of this Decision Notice;
c. 1 disabled parking space/s within the total; and
d. dimensions, User Class, crossfalls and gradients in accordance with Australian
Standard AS2890: Parking Facilities.
41. 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.
42. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Service Vehicles
43. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. 1 MRV spaces; and
b. regular access for a Small Rigid Vehicle, Medium Rigid Vehicle, Heavy Rigid
Vehicle and Refuse Collection Vehicle (Side Loader Series V (6x4)) – service
vehicles must be able to enter the site from Albert Street, manoeuvre through the
development and exit onto Thomas Street without exiting the designated “concrete
driveway”.
Security Access to Carpark
44. Where access to the carpark is proposed to be restricted by a security gate, provision
must be made for queuing of vehicles clear of the roadway while waiting for the security
gate to open.
45. Where a secure carpark services a commercial use on the site, the security gate must
always remain open while commercial uses on the site are open for business. The
requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
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Pedestrian and Bicycle Facilities
46. 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. the development must include 19 bicycle spaces as shown on the approved plans;
and
b. adequate separation of all specific pedestrian routes from vehicle access and
manoeuvring areas, and clear demarcation by pavement marking, signposts or
changes in surface materials or levels.
Public Safety
47. During operating hours, all parking areas, pedestrian areas and entrances/exits to all
stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and
with intensities to satisfy the requirements of Australian Standard AS1158 “Public
Lighting Code”. Lighting must be designed to reduce the contrast between shadows and
well-lit areas. In particular, appropriate security lighting must be provided in the location
of the bicycle/ scooter parking and bin storage area.
48. After hours access to loading docks, storage areas and the basement carpark (including
the vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors
and/or other suitably appropriate means. The basement carpark must be kept closed
and locked at all times while the use is not operating.
Stormwater Drainage
49. 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, be generally in accordance with RECOR’s Stormwater Management
Plan (20230025-SWMP01, Rev. 01) dated 30 May 2024 and the Queensland Urban
Drainage Manual.
50. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and Water by
Design’s Bioretention Technical Design Guidelines 2014, and must include in particular:
a. stormwater quality treatment devices of a size and location generally in
accordance with those shown in RECOR’s Stormwater Management Plan
(20230025-SWMP01, Rev. 01) dated 30 May 2024.
b. bioretention device(s) which:
a. are design generally in accordance with IPWEAQ Standard Drawing DS-
073, DS-075 and DS-076; and
b. are provided with a free-draining outlet from the sub-soil drainage system.
51. The development shall be provided with approved permanent signage to educate the
public on the function of the bioretention basin. The wording for the signage for the
bioretention basin is to include: “BIORETENTION BASIN – This bioretention basin
reduces the pollution of our waterways by reducing the amount of heavy metals, litter,
suspended solids, and nutrients discharged to the Noosa River”.
52. All bioretention basins must be maintained in accordance with Water by Design’s
Maintaining Vegetated Stormwater Assets (Version 1) 2009. Records of all maintenance
activities undertaken must be kept and made available to Council upon request.
53. All proprietary stormwater quality treatment devices must be routinely checked, serviced
and cleaned in accordance with the manufacturer’s recommendations. Records of all
maintenance activities undertaken must be kept and made available to Council upon
request.
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Landscaping Works
54. 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 landscape frontage works shown on the referenced documents are to achieve
a minimum of 1.0 metre width of landscaped area (clear of retaining structures) to
all frontages and a minimum overall site landscaped area of 10%.
b. landscaping adjacent carparks 02-11 inclusive, must incorporate 6 shade trees (1
tree per 2 car parks). The use of underground structural soil cells to create a
minimum of 5 square metres of suitable growing medium / area is required for
each tree.
c. vegetated screening of any electrical transformers, bin storage areas and the like
from the road frontage
d. provision of 1 street tree within the road reserve for every 8 metres of road frontage
55. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
Retention of Existing Trees
56. The existing trees within the road reserve and identified for retention on the referenced
must be retained in accordance with an Arborist Report (or part thereof) prepared by a
qualified person* and endorsed through an Operational Works approval. Should any
existing trees be required to be removed they shall be replaced with a suitably sized
specimen, bag size 200 litre min and approved by Council’s Design Coordinator –
Infrastructure Services.
*(Refer to Advisory Note)
57. Prior to the prestart meeting, a bank guarantee or a bond of $20,000 must be lodged as
security for the protection of the trees identified for retention in the conditions of this
approval. The bond:
a. may be drawn upon by Council in its entirety if any one tree identified for retention
is damaged to the point where the tree cannot be saved (as confirmed by the
project arborist and agreed in writing by Council)
b. will be returned upon practical completion of all the operational works relating to
this development.
Earthworks and Retaining Walls
58. The site is contained on the Environmental Management Register. Prior to the issue of
any Operational Works approval, the applicant must provide a ‘Site Suitability Statement’
confirming the site is suitable for the proposed use.
59. All earthworks and associated retaining structures/batters, both above and below
ground, both temporary and permanent, must be undertaken in accordance with an
Operational Works approval, be generally in accordance with RECOR’s Bulk Earthworks
Layout Plan (020, Rev. C) dated 20 December 2024 and contained entirely within the
subject site unless written permission from the respective landowner(s) is provided to
Council. All earthworks must ensure that adjacent properties and associated
infrastructure is not disadvantaged by additional flows or adverse impacts on the
functionality of access driveways and carparks.
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60. 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.
Waste Disposal
61. Prior to Council issuing a Development Permit for Operational Works, an amended
Waste Management Plan must be submitted to council for approval that allows for all
waste collection and servicing to occur on site. The amended Waste Management Plan
must be prepared by a suitably qualified person who is experienced in waste
management and includes in particular:
a. Onsite collection of refuse/recycling should be done using 1100ltr low noise waste
containers. Services to be done several times weekly to reduce the actual bin
numbers on site; and
b. provision for on-site servicing by a Refuse Collection Vehicle (Dennis Eagle Elite
2 6x4 with rear lift configuration) - the Refuse Collection Vehicle must be able to
enter the site from Albert Street, service the site, and exit on Thomas Street; and
c. compliance with The Noosa Plan 2020 – Waste Management Code and PSP9
Waste Management.
d. the Refuse Collection Vehicle (Dennis Eagle Elite 2 6x4 with rear lift configuration)
must enter via Albert Street and exit via Thomas Street.
62. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9 - Waste Management. The facilities must include an
impervious area, within the site, correctly sized for all refuse and recycling containers
and suitably screened from public places and neighbouring properties. A bin wash area
is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
trap. The drain outlet must be designed to prevent storm water entry to the sewerage
system.
63. 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.
64. Storage, disposal and management of solid, liquid and vegetative waste is conducted in
a safe and ecologically sustainable manner without environmental nuisance. In this
regard, vegetated waste must be disposed of via a green waste bin or at a local transfer
station.
Services
65. 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.
66. 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.
Damage to Services and Assets
67. 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.
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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.
Acid Sulfate Soils
68. A preliminary site-specific Dewatering and Acid Sulfate Soils Management Plan must be
prepared and submitted as part of a future Operational Works application for the site.
The Dewater and Acid Sulfate Soils Management Plan must be prepared by a suitably
qualified person and include, but not be limited to:
a. testing, monitoring and treatment requirements for the works in accordance with
the National Acid Sulfate Soils Guidance; and
b. demonstrate how groundwater encountered during excavations and ongoing
operations of the basement will be managed.
Demolition Works
69. 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.
70. 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.
Treatment of Temporarily Vacant Land
71. Where some or all of the land remains vacant or undeveloped for more than 3 months,
or buildings are demolished and redevelopment is delayed for more than 3 months, the
following works must be carried out:
a. the site must be cleared of all rubble, debris and demolition materials
b. the site must be graded to prevent ponding (to the same level as the adjoining
footpath wherever practicable), turfed and mown at a minimum 3 weekly intervals
c. the site must be landscaped with perimeter planting consisting of advanced
specimens of fast growing tree species
d. the site must be maintained to ensure no nuisance to adjacent premises, roads or
footpaths
e. where fencing is installed to secure boundaries:
i. the fencing must be durable and not capable of being pushed or blown over
ii. the fencing type must not detract from local amenity (barbed wire is not
acceptable)
iii. vandalism must be promptly repaired, and any graffiti removed.
Health and Safety
72. All building materials containing asbestos, including asbestos cement sheeting or
roofing and lagging, are removed from the building prior to demolition or relocation.
73. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
74. 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.
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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.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
001 C Cover Sheet & Locality Plan 20 December 2024
Prepared by RECOR
003 C Existing Layout Plan 20 December 2024
Prepared by RECOR
010 C General Arrangement Plan – Ground Cover 20 December 2024
Prepared by RECOR
011 C General Arrangement Plan - Basement 20 December 2024
Prepared by RECOR
020 C Bulk Earthworks Layout Plan 20 December 2024
Prepared by RECOR
021 C Bulk Earthworks Sections 20 December 2024
Prepared by RECOR
050 C Mixed Use Development 20 December 2024
Prepared by RECOR
030 C Post Development Catchment Plan 20 December 2024
Prepared by RECOR
064 C Ground Manoeuvring Plans – Sheet 5 20 December 2024
Prepared by RECOR
CD 2.01 C Basement Plan 20 February 2025
Prepared by Arkos Architects
CD 2.02 B Ground Floor Plan 20 February 2025
Prepared by Arkos Architects
20230025- 1 Stormwater Management Plan 30 May 2025
SWMP01
Prepared by RECOR
CD2.02 B Ground Floor Plan, 20.02.25
Prepared by, Arkos Architects
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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.
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.
Advertising Devices
3. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All
freestanding, pylon or pole signs or signage that is illuminated requires approval from
Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate
Local Law No. 1 is prohibited from being erected in the Shire.
Short Stay Letting
4. 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
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Food Business Licences
5. Applications for food business licences under the Food Act 2006 are to be submitted to
Council prior to the commencement and construction of the Food and Drink
Outlet. Applications for Design Approval and Approval to Operate (including applications
for licences under the Food Act 2006) are to be submitted to and approved by Council
for the food premises, prior to the issue of a Development Permit for Building Work.
Development Compliance Inspection
6. Prior to the commencement of the use, please contact Council's Development
Assessment Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
7. 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. MCU24/0074, separate to any Operational
Works application. To avoid delays and assessment issues with the Operational Works
application, it is recommended the plan/s be resubmitted prior to lodgement of any
Operational Works application. However, should the plans not be submitted, the
applicant is advised that a Preliminary Approval may be issued in lieu of a Development
Permit.
Performance Bond
8. Where the works include Council assets (construction of new or modifications to
existing) a portion of the performance bond will be retained as a “maintenance bond” as
described in Council’s Planning Scheme Policy 6 Engineering Design Standards.
Alternatively, the developer may submit a separate “maintenance bond” at the
completion of the works.
The bond amount will be:
a. 5% of the agreed value of the works; or
b. $1500, whichever is the greater amount
Performance Bond agreement
9. 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.
Infrastructure Charges
10. 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
Building and Construction Industry (Portable Long Service Leave) Levy
11. 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
12. 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.
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Preparation of a Preliminary Construction Management Plan
13. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction;
ii. maintenance of safe vehicle and pedestrian access for the areas affected by
the works during and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the
development;
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled roads;
and
v. provision for worker car parking.
b. maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures;
c. works programme identifying key components of the works and their respective
durations;
d. establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic, services and other relevant issues;
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. Include signage in prominent locations on the boundaries of the site advising of
the proposed development, the expected time frames and the site contact details;
g. identification of complaint management procedures including:
i. contact details for the on-site manager; and
ii. dispute resolution procedures.
h. details on the location of external fill sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any
damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense; and
i. it is acknowledged that the preliminary Construction Management Plan will be a
draft document requiring finalisation upon appointment of the Principal Contractor
employed to construct the works and a final document will be required to be
submitted at the Pre-Start Meeting for the project.
Qualified Person
14. The purpose of preparing a Landscape Plan, a qualified person is considered to be a
landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
current experience in the field of landscape design.
15. For the purpose of preparing an Arborist Report, a qualified person is considered to be
a person with either:
a. ISA certification; or
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b. a Diploma of Arboriculture in addition to a minimum of 3 years current experience
in the field of arboriculture.
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 External Works, Access, Stormwater,
Works Earthworks, Carparking, Drainage,
Landscaping.
Development Permit for Building Works All building work (inc 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,
Patrick Murphy
Manager, Development Assessment
Development Regulation
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
(2) The notice of appeal must be accompanied by the required fee. the person has not complied with the rules of the P&E Court
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