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Delegated Report - Code - Planning - RAL26 0020 & OPW26 0090 (As Published) · RAL26/0020
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Planner, Matthew Pinese
Development Assessment
APPLICATION DETAILS
Application No. RAL26/0020 and OPW26/0090
Applicant Frances Louise Jorgensen
Aaron John Freeman
Proposal Reconfiguring a Lot – 1 Lot into 2 Lots
Operational Works – Earthworks, Stormwater and Vehicle
Crossover.
Properly Made Date 7 July 2026
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 8 September 2026
Report Reviewed & Ben Micallef – 2 September 2026
Finalised By
PROPERTY DETAILS
Property Address 28 Overlander Avenue, Cooroy Qld 4563
RP Description Lot 34 on RP179733
Land Area 1716m²
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Plan Area Cooroy Local Plan
Overlays Nil
Assessment Type Code
Document Set ID: 25098866
Version: 8, Version Date: 03/09/2026
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1. PROPOSAL
This combined application seeks the following approvals:
a. Reconfiguring a Lot – Low Density Residential, 1 lot into 2 lots; and
b. Operational Works – Earthworks, Stormwater and Vehicle Crossover.
The applicant is seeking to subdivide the current allotment, Lot 34 on RP 179733, lot size 1716m2,
into two lots, as summarised in table 1:
Table 1 – Proposed Lot Summary
Proposed lot Proposed lot Area Frontage to Smiths road
1 544m2 16.7m
2 1172m2 4.6m (Rear Lot)
Lot 2 will be a rear lot with access to Overlander Avenue via a 4.6m wide access handle.
Lot 1 will be vacant, and Lot 2 will contain the existing dwelling house.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Proposed Subdivision Layout
2. SITE DETAILS
2.1. Site Description
The site is a large residential allotment fronting Overlander Avenue. The allotment is 1716m2 in
size and is generally flat and free of significant vegetation. The site is presently improved by a
dwelling house which will be entirely retained within the proposed rear allotment (Proposed lot 2).
2.2. Surrounding Land Uses
The site is generally surrounded by other dwelling houses in the Low Density Residential Zone
apart from the rear where it backs onto the Noosa District State High School.
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3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020 (20 March 2026).
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Cooroy Local Plan Code;
• Reconfiguring a Lot Code;
• Works Codes;
The subject site is located in Cooroy and is zoned Low Density Residential. The proposed
subdivision is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below
Assessment of the Reconfiguring a Lot Code
The proposed subdivision does not meet Performance Outcome 5 (PO5) of the Reconfiguring a
Lot Code as it does not comply with all the criteria within Table 9.5.1.4 – Minimum Lot Size (Refer
Table 2):
Table 2 Compliance with Table 9.5.1.4 (Reconfiguration of a lot Code)
Zone Minimum Lot Size Frontage, Overlander Ave Average Lot Width
Low Density 600m2 minimum Frontage - 4.5m min Average Width – 17m
Residential
Proposed lot 1 – 544 m2 Proposed lot 1 – 20.5m N/A battleaxe subdivision
Proposed lot 2 - 1172 Proposed lot 2 – 4.6m
m2
Lot 1 is proposed to be 544m2 as compared to the prescribed minimum of 600m2.
PO5 prescribes this matter as follows:
PO5
New lots have areas and dimensions that:
(e) except where otherwise specified in a local area code, comply with the minimum
lot size specified in Table 9.5.1.4 Minimum Lot Size and Dimensions
While not consistent with performance outcome 5, the proposed subdivision is consistent with the
overall outcomes of the code in particular:
The overall outcomes sought for the Reconfiguring a lot code are:
a. Development provides for lots that are of a size and have dimensions that are
appropriate for their intended use and are consistent with the sizes of surrounding
lots.
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With respect to (a), In response to a request from Council, the applicant provided plans indicating
the area available for building in Proposed Lot 1 (Refer figure 3). This area is 334m2 in size, roughly
square in shape outside of the minimum side and front setbacks (6m front setback and 1.5m side
and rear setbacks). This is sufficient size to readily accommodate a 3-4. bedroom house.
The smaller lot size enables the existing dwelling to be retained wholly within the rear allotment
(Proposed Lot 2). Although Proposed Lot 1 is smaller than nearby lots, its primary constraint is
depth. As noted above, the lot can accommodate a reasonably sized dwelling with a 6m street
setback. As many dwellings in the street already have a similar setback, the subdivision will
maintain the established streetscape character and be visually consistent with surrounding lots.
Figure 3 – Area Available for Building in Proposed Lot 1
Assessment of Cooroy Local Plan Code
The proposed subdivision meets the relevant acceptable outcomes of this code
Assessment of Works Codes
The proposed subdivision meets the relevant acceptable outcomes of the works codes.
3.3. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer, Development Assessment
The Senior Development Engineer provided an Internal Memo dated 28 July 2026, which
included conditions for the Reconfiguration and Operational Works Applications.
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4. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL26/0020 and OPW26/0090 for a Reconfiguring a Lot – 1 Lot into
2 Lots and Operational Works – Earthworks, Stormwater and Vehicle Crossover, situated at 28
Overlander Avenue, Cooroy Qld 4563 and described as Lot 34 on RP179733, it is recommended
the application be approved in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: RAL26/0020 and OPW26/0090
Street address: 28 Overlander Avenue, Cooroy Qld 4563
Real property description: Lot 34 on RP179733
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Reconfiguring a Lot – 1 Lot into 2 Lots
• Development Permit for Operational Works – Earthworks, Stormwater and Vehicle
Crossover.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
RECONFIGURATION OF A LOT CONDITIONS
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues
Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 2 September 2030
unless an application to extend the currency period is approved by Council.
Approved Plans
3. 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.
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Plan No. Rev. Plan/Document Name Date
- - Plan of Development – Proposed 26/01/2026
Subdivision of Lot 34 on RP179733
prepared by Danya Cook town Planning
Property Access and Driveways
4. A residential driveway must be constructed to Lot 1. The works must be undertaken in
accordance with the conditions of this Decision Notice and be generally in accordance with
Sunshine Coast Civil Engineers’ Site Works (C001, Rev. 01) dated 15 June 2026.
Stormwater Drainage
5. 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 the conditions of this Decision
Notice.
Services
6. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
7. 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.
8. 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.
Easements
9. 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.
10. 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.
11. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
12. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, 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.
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OPERATIONAL WORKS CONDITIONS
APPROVED PLANS
1. 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
C001 01 Site Works 15 June 2026
Prepared by Sunshine Coast Civil
Engineers
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 4 September 2026, unless an application to extend the currency
period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
3. All necessary approvals from external service providers (e.g. Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
4. Copies of the approved plans, duly signed by the consultant Registered Professional
Engineer of Queensland (RPEQ) and issued “FOR CONSTRUCTION” must be provided to
Council prior to the prestart meeting.
5. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting.
6. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
7. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Erosion and sediment control works; and
c. Other relevant parties
8. A Construction Management Plan must be submitted prior to Council attending the prestart
meeting. The Management Plan must address:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
9. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
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10. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
11. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
12. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
13. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
b. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
14. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices to be
constructed on site.
15. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the driveway and car park areas will remain the
responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
16. Safe pedestrian and vehicle access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out construction
works, Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
17. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
18. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Site Access and Driveways
19. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-049 and RS-050.
20. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
21. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete
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b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties.
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway
d. Where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path.
e. The property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage. The developer is responsible for any necessary relocation
of existing services to provide this clearance and must contact the relevant service
authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
22. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development.
23. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
24. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies
b. 1 in 4 for grassed areas.
c. 1 in 3 for planted areas.
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
25. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
26. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g. by blocking or interfering with natural overland flows).
27. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
28. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination.
29. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. Been revised to address predicted rainfall events; and
d. Achieve the desired environmental outcomes.
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Council may request further controls to be installed should the implemented measures be found
inefficient.
30. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards (*) Refer to Advisory Note.
31. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
32. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
33. Prior to the completion of the development and commencement of use, all site surfaces must
be effectively stabilised using methods which have achieved effective short-term stabilisation
and which will continue to achieve effective stabilisation in the medium to long-term.
For the purpose of this condition, an effectively stabilised surface is defined as one that does
not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion
or lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
34. 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.
PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
35. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
36. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
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7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. 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
2. 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.
General Advisory Notes
3. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed in accordance with standard drawings RS-049 and
RS-050.
4. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
5. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
6. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Prestart Inspections Request
7. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
8. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
Environmental Advisory Notes
9. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
10. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
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11. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
12. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
Road Reserve Permit
13. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council’s road reserve
for the purpose of acting on this development permit may require a Road Reserve Permit.
These additional activities may include, but are not limited to, hoarding, pedestrian
diversions, laneway closures, etc. To apply for a Road Reserve Permit, or for more
information, Contact Council’s Road Reserve Officer at [email protected].
-Plan Sealing
14. All works required by this permit must be completed and accepted by Council prior to
submitting an application for plan sealing.
Biosecurity Act 2014 – Fire Ant Control
15. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
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.
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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.
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