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Minor Change Existing Approval - RAL19 0018.01 (As Published)
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6245
Our Reference: RAL19/0018.01
Your Reference: 261198
13 July 2026
JWJ Maunder
C/- Cadcon Surveying & Town Planning
PO Box 5774
MAROOCHYDORE BC QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 12 May 2026, requesting a minor change to an existing
development approval. Council on 7 July 2026 decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: RAL19/0018.01
Street address: 12 Robin Pl, Lake Macdonald Qld 4563
Real property description: Lot 11 SP 315578
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 24 March 2026.
• Development Permit for Reconfiguring a Lot – Rural Settlement (5 Lots into 16)
In relation to the request to make a minor change to the existing approval, Council on 7 July 2026,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Refuse to amend condition 2 for the following reasons:
1. The proposed change is more appropriately addressed as additional condition of
approval relevant to the individual site.
C. Include additional condition 56.
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
PLANNING
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
19553-C002 F Plan of Development, prepared by TOD engineers 18.03.2020
and project managers
19553-C100 F Earthworks Plan, prepared by TOD engineers and 18.03.2020
project managers
As annotated by Council
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
4. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
Currency Period
5. The Currency Period for this development approval lapses if all conditions have not been
complied with, and the plan of survey lodged with Council for endorsement by 8 February
2024, unless an application to extend the currency period is approved by Council.
Performance Bond
6. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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.
Plan of Development
7. A plan of the subdivision overlaid on a current aerial photo must be prepared by a registered
cadastral surveyor and submitted to Council prior to the issue of an operational works
approval. The plan must demonstrate compliance with the conditions of this approval, in
particular, clearly detail:
a. Lot boundaries do not transect existing dams and other site specific
features/constraints;
b. Access driveways
c. Proposed covenants over land identified as VU1, exclusive of accessways, and
easements;
d. The location of the building envelope for lot 6 outside of the area described as VU1;
e. Each lot is provided with sufficient area for on-site effluent disposal; and
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f. Each building envelope and house site area is clear of easements and minimises
clearing of vegetation.
8. All future dwellings on the approved lots must be sited and constructed in accordance with
the approved building envelopes and dwelling controls (ie. the “Plan of Development”) shown
on the Approved Plans. A copy of the approved Plan of Development must be included in
the contract of sale for the approved lots, together with a clause which requires future
dwellings to be constructed in accordance with it.
9. The applicant must prepare a metes and bounds building envelopes plan indicating house
site areas and effluent disposal areas for the proposed lots. The areas must be in accordance
with the approved plans Plan of Development and Earthworks Plan numbered 19553-C002
and 19553-C100 prepared by TOD engineers and project managers and dated 28.10.19.
The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56
coordinates. The applicant must submit the plans to Council for approval prior to the
endorsement of the Plan of Survey.
Boundary Encroachments
10. Certification must be submitted to Council from a Licensed Surveyor which certifies that:
a. all constructed access and roadworks (including associated fill batters and retaining
walls) are fully contained within a dedicated reserve or registered easement
b. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement
c. all existing effluent disposal areas are wholly located within the lot they serve and
comply with the boundary setback requirements of the Plumbing and Drainage Act
2002 and associated codes and requirements
d. all dams (including ponded water, dam walls and associated spillway structures) are
wholly located within the boundaries of a single lot
e. all retaining walls and structures are fully contained within the lot they retain
f. any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties
Effluent Disposal
11. Sufficient area must be provided and retained on each lot for effluent disposal. The effluent
disposal area must be designed and located in accordance with a Geotechnical Report.
ENGINEERING
External Works
12. Wilgee Court 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. roadworks generally in accordance with drawing number 19553-C200 Revision E
prepared by TOD Noosa dated 28 October 2019.
b. the works must include the formation for a “rural settlement – access road” as described
in Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and
Earthworks (6m kerb to kerb)
c. a turning area of sufficient size to accommodate the 3-point turn manoeuvre of a Waste
Collection Vehicle (10.2m long WCV) clear of private driveways on-street parking and
speed control devices
d. street lighting, signage, linemarking and underground services
e. intersection works generally in accordance with the Traffic Assessment reference
2019080-rpt001-Rev A prepared by 360 Civil Consulting dated 25 October 2019
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f. maintenance of suitable access (pedestrian and vehicle) to 21 Wilgee Court during the
construction phase of the works
Condition 12 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
13. A new intersection must be constructed joining proposed Road 1 with Lake MacDonald Drive.
The works must be undertaken in accordance with an Operational Works approval and be
generally in accordance with the intersection works described in the Traffic Assessment
reference 2019080-rpt001-Rev A prepared by 360 Civil Consulting dated 25 October 2019.
The works must include but not be limited to:
a. intersection with vehicle priority maintained to Lake MacDonald Drive
b. the recommended configuration (basic right turn – BAR and basic left turn – BAL)
c. provision of sight distances adequate for the design speed of the roads
d. relocation of any existing services
e. truncation of the subject site’s boundaries where necessary to provide adequate space
for all required road works and utility services.
Condition 13 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
New Roads
14. The new Road 1 shown on the Approved Plans must be constructed in accordance with the
conditions of this Decision Notice and dedicated as road reserve at no cost to Council. The
works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. a reserve width of 20 metres and widened where necessary to encompass the cul-de-
sac head/intersection works
b. the works must include a formation for a “rural settlement – local road” as described in
Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and
Earthworks (6m kerb to kerb)
c. installation of street lighting, services, linemarking and signage where necessary
d. a cul-de-sac with a circular turning area of sufficient size to accommodate the single
forward motion turn of a Waste Collection Vehicle (10.2m long WCV) and in
accordance with section 3.12 of Planning Scheme Policy 5 – Engineering Design
Standards – Roads, Drainage and Earthworks.
Condition 14 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
15. Deleted.
Property Accesses and Driveways
16. A driveway must be constructed to all lots. The driveway must extend from the road formation
to the building pads. The works must be undertaken in accordance with an Operational
Works approval and include in particular:
a. a 4m formation and include passing opportunities
b. the formation must be sealed where:
a. grades are in excess of 12%,
b. the formation is in sag and may be effected by stormwater, and
c. the driveway is within 50m of a house site on an adjoining property
c. the shared driveway within Lot 4 providing access to Lot 8 must be sealed for the full
length within Lot 4 (4m seal on 4m formation) with passing opportunities where required
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d. a driveway that is safely trafficable in a 1%AEP event
e. any necessary traffic barriers and fall protection
f. services – underground and extended to the house site areas as part of the access
driveway works.
Concrete Bin Pad
17. A concrete bin pad for all lots must be constructed on the verge area located proximate to
the lots with the final location and configuration determined as part of the operational works
application. The bin pads must be in accordance with an Operational Work approval and
sufficiently sized to wholly accommodate 2 wheelie bins for each lot.
Stormwater Drainage
18. Stormwater runoff from the development (roads, driveways and building pads) must be
disposed of on-site without causing scour or damage to the subject site or any adjoining
property. The works must be undertaken in accordance with an Operational Works approval.
Condition 18 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Electricity and Telecommunication Services
19. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with an approval for Operational Works and the standards and requirements of
the relevant service provider.
20. 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.
21. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
Easements
22. An easement for drainage purposes must be registered in favour of Council against the title
of all lots which receive or convey stormwater from the roads. The easement must be of
sufficient width to fully contain all structures and the 1%AEP flows from the relevant
catchment.
23. 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.
24. 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.
25. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
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Geotechnical Stability - Subdivisional Requirements
26. All subdivisional works must be carried out in accordance with a Geotechnical Report
prepared by a qualified person* and endorsed through an Operational Works approval. The
Geotechnical Report must include a site-specific geotechnical investigation for each
approved lot which identifies the building pads, building foundation requirements and stability
considerations necessary for each future dwelling (and their associated ancillary structures)
to maintain the stability of those dwellings for the long term. Each site-specific investigation
report must include a certificate of stability which certifies, verbatim, that: “the lot is stable,
can be safely built upon, and has a factor of safety in excess of 1.5, both prior to the
development and in the long term”
*(Refer to advisory Note)
27. Certification must be submitted to Council from a qualified person* which certifies that:
a. the subdivisional works have been constructed in accordance with the
recommendations contained in the approved the Geotechnical Report for the
development
b. the subdivisional works (roads, drainage, services and driveways) are stable and will
remain so over the long term.
c. a stable building pad has been constructed on each lot and the pad will remain stable
over the design life of a dwelling for the long term.
d. the works have a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Geotechnical Stability - Future Dwelling Requirements
28. All future dwellings on the approved lots must be sited and constructed in accordance with
any building siting and construction recommendations contained within the approved
Geotechnical Report for the development.
Earthworks
29. All earthworks and any associated batter/walls 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.
30. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
31. 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.
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ENVIRONMENTAL
32. In conjunction with the submission of a development application for Operational Works,
provide an updated Stormwater Management Plan, Subdivision Plan and Engineering Plans
which address the following:
a. Deleted.
b. Deleted.
c. Deleted.
d. Reduce the building envelope on Lot 8 to only include an area higher than the dam
top-of-embankment;
e. Determine the available capacity of the existing drainage network in Wilgee Court, and
if necessary incorporate underground detention within the development to ensure the
performance of the existing network is not compromised
33. Prior to the sealing of the Plan of Survey, provide water quality testing for the retained dams,
demonstrating that the stored water has been remediated to achieve at least the water
quality objectives specified for physical parameters (turbidity, pH, dissolved oxygen) in Table
1 of the Stormwater Management Plan prepared by AquaIntel dated 18 November 2019
34. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
35. Lots containing waterbodies are to have building envelopes which are located entirely above
the predicted 1%AEP water level in the waterbody plus required freeboard. The Operational
Works Application is to include either proposed fill areas or amended building envelopes to
achieve this requirement.
ECOLOGICAL
Land Rehabilitation
36. A vegetation protection covenant must be registered against the title/s of the properties over
the land area generally identified VU1 in the Ecological Assessment Report v2 report
prepared by North Coast Environmental Services report dated 27/06/2019, including land
on proposed lot 16 south of the drainage line, pursuant to Section 97A of the Land Title Act
1994. The covenant document and a survey plan must be submitted to Council for
endorsement prior to lodgement with the relevant titles authority for registration of title. The
covenant document must:
a. incorporate the requirements of this Decision Notice
b. include Noosa Council as Covenantee
c. reference Queensland Land Title Registry Standard Terms Document No. 715597513.
37. If a provision included in the covenant document is requisitioned or refused registration by
the relevant titles authority, a substitute provision must be included in the document which
as nearly as practicable addresses the objective sought by the requisitioned or refused
provision. The wording of the substitute provision must be agreed by Council.
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38. A “no clearing zone” must be established and maintained over the land area defined as being
excluded from access and building envelopes on the subject site. The following activities
must not be carried out within the no clearing zone:
a. clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
indigenous to, or planted within, the zone
b. soil/spoil dumping and/or compacting
c. soil excavation, other than for planting indigenous native plants or for works which are
a natural consequence of this approval.
The following exceptions apply:
a. Any Council Listed Environmental Weeds, Undesirable species, Exotic Grasses and
other plants identified in writing by Council
b. indigenous native trees which pose a well-founded threat to persons or property as
approved in writing by Council
c. controlled bushfire burns to maintain ecological processes subject to submission of a
Bushfire Management Plan and agreed in writing by Council.
Works within Protected Land
39. The following works must be undertaken within the land to be covered by the vegetation
protection covenant and must be undertaken in accordance with an Operational Works
approval:
a. 4 strand plain wire stock exclusion fencing along all newly created boundaries in the
covenant areas.
b. Provision of durable A5 signage along the covenant boundaries at suitable positions
for viewing by future owners.
c. Treatment of all undesirable species to prevent regrowth.
d. Plantings in accordance with a Rehabilitations Plan as per the referenced Ecological
Assessment Report.
The works must be undertaken in accordance with an Operational Works approval.
Landscaping Works
40. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Planning Scheme Policy 3 Landscaping Plants
and Guidelines for that specific area and must include in particular:
a. a 3 metre wide landscaping strip along the western side of road frontage off Wilgee
Court site, exclusive of the access driveway, generally uncompromised by
infrastructure items and directly to the east of 20SP248255, to provide a vegetated
screen from the access.
b. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage.
c. provision of 1 street tree within the road reserve for every 8 metres of road frontage.
d. control of all weeds species listed in the following standards and legislation:
i. declared plants under the Land Protection (Biodiversity Act 2014 and sub-
ordinate Regulation 2016).
ii. Noosa Local Government Area Pest Management Plan 2015-2019.
iii. Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants
and Guidelines.
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41. 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.
42. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Fauna Management
43. Vegetation must only be removed or disturbed in accordance with a Fauna Management
Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
Works approval.
*(Refer to Advisory Note)
44. The development must be undertaken in accordance with section 7.2 of the Ecological
Assessment Report v2 report prepared by North Coast Environmental Services report dated
27/06/2019. These requirements are to be prepared by a qualified person* and endorsed
through an Operational Works approval
*(Refer to Advisory Note)
Bushfire Management
45. The development must be carried out in accordance with section 5 and 7 of the Bushfire
Hazard Management Plan v2 prepared by North Coast Environmental Services report dated
27/06/2019, subject to the following the following inclusion:
a. A table specifying asset protection zones for each lots
b. A landholder booklet specifically designed for each lot which specifies asset protection
zone treatments
c. Include updated building envelope layouts
d. Allow for the retention and rehabilitation of the vegetation on the land area identified
as VU1 in the Ecological Assessment Report v2 report prepared by North Coast
Environmental Services report dated 27/06/2019.
The report must be resubmitted to Council incorporating the above amendments prior to the
issue of any Development Permit for Operational Works.
46. A copy of the Bushfire Hazard Management Plan listed within this Decision Notice must be
provided to the nearest fire authority.
47. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the bushfire management conditions
of this Decision Notice.
*(Refer to Advisory Note)
48. A clause must be included in the contract of sale for affected lots which requires future
dwellings to be constructed in accordance with any building siting and construction
requirements specified in the Bushfire Management Plan for the development.
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Referral Agency Conditions - Clearing Native Vegetation
49. Reconfiguring a lot that involves clearing native vegetation—The chief executive
administering the Planning Act 2016 nominates the Director-General of the Department of
Natural Resources, Mines and Energy to be the enforcement authority for the development
to which this development approval relates for the administration and enforcement of any
matter relating to the following condition(s):
a. Lot boundaries of Proposed Lots 12, 13, 14 and 15 must be located generally in
accordance with the Plan of Development prepared by TOD engineers and project
managers, dated 28.10.19, drawing number 19553-C002, sheet 2 of 11and revision E
(as amended in red by SARA on 18 November 2019).
b. Building envelopes within Proposed Lots 12, 13, 14 and 15 must be located generally
in accordance with the Earthworks Plan prepared by TOD engineers and project
managers, dated 28.10.19, drawing number 19553-C100, sheet 4 of 11and revision E
(as amended in red by SARA on 18 November 2019).
Referral Agency Conditions - Energex
50. The development is to be carried out in accordance with the plans identified in the table
below. Any changes to these plans should be resubmitted to Energex for further review and
comment:
Approved Plans
Title Plan Number Issue Date
Subdivision 01 V.1 -
Plan (amended in red)
Plan of 3947-01 Rev. B 25/06/19
Development (amended in red)
51. The conditions of any easements in favour of Energex must be maintained at all times.
52. The applicant is to submit any proposed landscaping and/or rehabilitation plans to Energex
for approval. Any proposal for landscaping and/or rehabilitation works on easements must
maintain vehicular access. Landscaping on easements must be kept to the edges of the
easement and not be under any overhead conductors. Plants or trees must not grow in
excess of 3.5 metres in height at maturity. Further planting guidelines are contained in
Energex’s Safe tree fact sheet, which is accessible via the following link:
https://www.energex.com.au/about-us/our-commitment/to-
theenvironment/vegetation/safetree-program
53. Energex currently achieves access to existing tower TW654-M via an access gate off Brialka
Court. This existing access way must be maintained as part of proposed Lot 6.
54. 10 metres clear access must be provided around all towers and pole structures after the
completion of any works on the easement.
55. Natural ground level on the easement should not be disturbed without Energex approval.
Additional Condition – 07 July 2026 – RAL19/0018.0
Approved Plans – July 2026
56. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
261198-01-01 - Plan of development prepared by Cadcon 01/07/2026
surveying and town planning
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5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Address Referral Trigger
Concurrence SARA at DILGP Via MyDAS2 at Schedule 10, Part 3, Division
https://prod2.dev-assess.qld.gov.au/suite/ 4, Table 2, Item 1 –
(for assistance, contact DILGP at 5352 Reconfiguring a lot that
9701 or involves clearing native
email:[email protected] vegetation
Advice Energex Limited Town Planning GPO Box Schedule 10, Part 9, Division
1461 BRISBANE QLD 4001 2, Table 1 – Reconfiguring a
Lot subject to an Easement
Advice Allgas Pipeline Operations Pty Ltd ACN Schedule 10, Part 9, Division
076 666 807 60 Schneider Road Eagle 3, Table 1 – Reconfiguring a
Farm Qld 4009 Phone 1300 001 001 Lot subject to a Pipeline
Email [email protected] Easement
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
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 on 07 3247 6212 to discuss any obligations
under the ACH Act.
Infrastructure Charges
2. 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-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
Nature Conservation Act
3. It is the responsibility of the applicant to ensure compliance with the Nature Conservation
Wildlife Management Regulation 2006 which is regulated by the State Government.
There may be a requirement to undertake a Flora Survey pursuant to Flora Survey
Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature Conservation
Wildlife Management Regulation 2006. Exemptions are listed in Division 5 of the same Act.
Further information can be obtained at this website https://www.ehp.qld.gov.au/licences-
permits/plants-animals/protected-plants/ or by calling the Department of Environment and
Heritage Protection on 1300 130 372.
There may also be a requirement to obtain State Government Approval of a Species
Management Plan prior to any activities that tamper with any place that is being used by a
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native animal for breeding activities. This is regulated by Section 332 of the Nature
Conservation Wildlife Management Regulation 2006. Further information regarding this
matter can be obtained at this website https://www.ehp.qld.gov.au/licences-permits/plants-
animals/species-management-program/ or by calling the Department of Environment and
Heritage Protection on 1300 130 372.
Road Naming Procedure
4. Road names must be approved by Council before a subdivision plan is submitted for
compliance assessment and signing. A written request for proposed naming of roads must
be submitted to Council together with a plan of the proposed roads and a completed road
naming application form. Further details can be found on Council’s website.
Building and Construction Industry (Portable Long Service Leave) Levy
5. 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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
6. 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.
Qualified Person
7. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
Preparation of a Preliminary Construction Management Plan
8. 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:
a. 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.
b. maintenance of safe pedestrian and vehicle access for the areas affected by
the works during and after daily construction has ceased.
c. proposed fencing to the site during the construction phase of the
development.
d. 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
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e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. 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
g. 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.
Private Infrastructure
9. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority.
Qualified Person
10. For 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.
11. For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a
landscape architect or ecologist with a minimum of 3 years current experience in the field of
landscape design.
12. For the purpose of preparing a Fauna Management Plan, a qualified person is considered to
be an ecologist with a minimum of 3 years current experience in the field of fauna assessment
and management.
13. For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
with the bushfire requirements of this Decision Notice, a qualified person is considered to be
an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
and management.
7. PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
RAL19/0018 - Geotechnical Stability
1. The following notation applies to all approved lots:
To ensure the geotechnical stability of this lot is maintained, all buildings and structures must
be sited and constructed in accordance with the geotechnical conditions of Council Approval
RAL19/0018 and the associated Operational Works approvals.
RAL19/0018 - Concrete Bin Pad
2. The following notation applies to approved lot 8:
A concrete bin pad for this lot has been constructed on the roadside in front of Lot 4. Bins
must be placed on the concrete bin pad on collection day.
RAL19/0018 - Concrete Bin Pad
3. The following notation applies to approved lot 4:
A concrete bin pad for Lot 8 has been constructed on the roadside in front OR near to this
lot. The property owner should be aware that bins associated with Lot 8 could be placed on
the concrete bin pad on collection day.
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8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Earthworks, roadworks, driveways, vegetation,
landscaping and stormwater
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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,
Andrew Gaffney
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents
cc. SARA at DILGP
Energex
Allgas
DECISION NOTICE HISTORY
• Original Decision Notice – 7 February 2020.
• Negotiated Decision Notice – 24 March 2020, with an amendment to conditions 2, 12b, 12c, 14d and 32 and delete condition 15.
• Decision Notice – Minor – RAL19/0018.01 – 1 July 2026, included additional condition 56 and refused to amend condition 2.
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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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