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Decision Notice - Approved by Delegation of Authority - MCU26 0047 (As Published)
Officer: Matthew Pinese
Direct Telephone: 07 5329 6245
Our Reference: MCU26/0047
Your Reference: 002892
31 August 2026
JL Austin & JN Austin
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD 4567
[email protected]
Dear Russell,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 27 August 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU26/0047
Street address: 122 Musa Vale Road, Cooroy Qld 4563
Real property description: Lot 304 on SP118015
Planning Scheme: Noosa Plan 2020 (Amendment 3 - 20 March 2026)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Short-term accommodation
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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Approved Plans
2. 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*.
Plan No. Rev. Plan/Document Name Date
002892 A01 A Site Plan prepared by RG Strategic 20/10/2025
0008 103 - Floor Plan prepared by Dream Modular 5/07/2023
0008 104 - Elevations prepared by Dream Modular 5/07/2023
0008 105 - Elevations and Section prepared by Dream 5/07/2023
Modular
Currency Period
3. This development approval lapses if the use has not happened by 27 August 2032, unless
an application to extend the currency period is approved by Council.
Nature and Extent of Use
4. This approval allows for the use of the approved Secondary dwelling cabin building only for
the purpose of a Short Term Accommodation. The Short Term accommodation cabin as
shown on the approved plans, must be used in accordance with the Short Term
Accommodation definition under Noosa Plan 2020.
5. The approved use for the Short-Term Accommodation is to be within the existing and former
approved Secondary dwelling (46.5m²) cabin only. The Short Term Accommodation is to
occur in accordance with the administrative use definition of a Cabin under the Noosa Plan
2020 and as shown on the approved plans.
6. The use must be operated in accordance with the Local Law requirements for Short term
letting at all times.
7. The Short Term accommodation 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.
8. All outdoor areas, including balconies, decks, pool and the like, must not be used after 10pm
each night.
9. The primary (main) Dwelling house must not be used for Short-term accommodation at any
time.
10. Prior to the commencement of any Short Term accommodation use as shown on the
approved plans, all Short Term accommodation use of the primary (main) dwelling on the
site must cease. All advertising or listings for short Term accommodation of the primary
dwelling are removed.
11. Prior to the commencement of the Short Term accommodation approved use as shown on
the approved plans, written evidence must be provided to Council confirming that the existing
short stay letting approval (SSL25/0041) applying to the primary dwelling house has been
cancelled and is no longer valid or in effect.
This evidence must be to the satisfaction of Council.
12. The short Term accommodation use is limited to a maximum of one bedroom and 2 (two)
guests at any one time, unless otherwise approved by Council.
13. The owner must reside on the site or be contactable at all times during guest occupancy to
address any issues arising from the use.
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Code of Conduct
14. A code of conduct must be developed and provided to all users and occupants of the short
term accommodation, including any website or social media used to promote the use of the
premises for short term accommodation.
The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to
noise, overlooking, light spill or odour) enjoyed by residents in the vicinity of the
premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
A. loud aggressive behaviour;
B. yelling, screaming, arguing; or
C. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by
Queensland Government legislation for environmental protection (noise).
b. That a user of the premises must not sleep or camp on the premises in a tent, caravan,
campervan or similar facility.
c. That each vehicle used by a user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience to
adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the separation of
recyclable waste) produced as a result of the ordinary use or occupation of the premises
in a waste container.
e. That each user of the premises must ensure that the premises, including the grounds of
the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a nuisance
(including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers 4 to 13 of
this Development Approval.
15. The Code of Conduct must be displayed in a prominent location at the premises so that it
can be viewed by guests.
Amenity
16. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding
residents or cause a nuisance, including a noise nuisance.
Complaints Management
17. The contact person must maintain a record of all complaints received, identifying how each
complaint has been resolved or addressed within a reasonable time.
18. The contact person must respond to all complaints within 30 minutes of notification of a
complaint.
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19. The contact person, must keep and maintain a register of the use of the premises for short
stay letting or home hosted accommodation, and record in the register, each of the following:
a. on each occasion on which the premises are used, or occupied, for short stay
letting or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of the
premises.
b. the dates when each person’s use, or occupation, of the premises for short stay letting
or home hosted accommodation began and ended.
20. The contact person, must make available, for inspection by Council, within 5 business days
of receipt of a written request given at any time:
a. the written record of complaints referred to in Condition 18; and
b. the register referred to in Condition 19.
Carparking
21. One carpark is to be provided for use by the occupants of the Short Term Accommodation
cabin.
Effluent Disposal
22. The Short Term accommodation must be provided with an on-site waste water treatment and
effluent disposal system having a capacity sufficient for the use.
Stormwater Drainage
23. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Easements
24. 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.
25. 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.
26. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
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:
Advertising Devices
1. 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.
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-
development/development-tools-guidelines/infrastructure-charges
Equitable Access and Facilities
3. 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.
Waste Water Treatment and Disposal System
4. The establishment of a waste water treatment and disposal system for the site requires a
Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002.
The system must be designed in accordance with the Queensland Plumbing and Wastewater
Code (Department of State Development and Infrastructure & Planning, 2007) and Australian
Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative
solution approved through Council’s Building and Plumbing branch. Where a development
exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s
Licence from the relevant State will also be required.
Aboriginal Cultural Heritage Act 2003
5. 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.
8. PROPERTY NOTES
Not applicable.
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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.
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
Matthew Pinese
Development Planner | 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
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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