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Minor Change Existing Approval - 132001 210307 1 (As Published) · 132001.210307.1
Officer: Tiani Bird
Direct Telephone: 07 5329 6245
Our Reference: 132001.210307.1
Your Reference: 0765
6 August 2025
Doonella Properties Pty Ltd TTE
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 10 June 2025, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132001.210307.1
Street address: 22 Doonella St, Tewantin Qld 4565
Real property description: Lot 1 RP 56190
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 28 February 2002.
• Development Permit for Material Change of Use of Premises – Medical Centre,
Professional Offices & Commercial Premises.
In relation to the request to make a minor change to the existing approval, Council on 31 July 2025,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change,
B. Amend condition 43.
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
Environmental Health
1. An annual licence is required under the Health Regulations 1996 from Council’s
Environmental Health Section where hairdressing or skin penetration is to be performed on
the premises.
2. The developer must provide a suitably screened imperviously paved area large enough for
all refuse and recycling containers. A wash down area is required with a cold-water tap,
hose and drain outlet connected to sewer. The drain outlet is to be designed to prevent
stormwater entry to the sewerage system.
3. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
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, dust or odour nuisance or any other emissions in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such
offences.
5. Air conditioning units shall be located in a manner which prevents noise nuisance beyond
the subject land in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998. On the spot fines apply for such offences.
6. Commercial premises that generate trade waste and will discharge that waste to sewer, must
have that waste suitably treated before release to sewer.
Building
7. The plans submitted for a Development Permit for building works are to comply with the
approved plans and the following requirements:-
7.1 Openings located within 3 metres from side or rear boundary are required by the
Building Code of Australia Clause 6.3.2 to be protected by one of the acceptable
methods outlined in Clause C3.4 of the Building Code of Australia.
Land Development
Vehicle Access
8. Vehicle access to and from the site shall generally be in accordance with proposal plan 3001-
aa, dated 12/12/01 as submitted by Graham Matheson Licensed Building Designer, except
as modified herein.
9. The proposed one-way vehicle access driveway from Council’s carpark (located to the north
of the site) shall be no wider than 3.0 metres in width.
10. A landscaped buffering-median shall be provided both sides of the one-way vehicle access
driveway within Council’s carpark at no cost to the Council.
11. The driveway within the site, that also provides access to the proposed carpark, shall be at
least 5.4 metres in width and the proposed one-way exit driveway onto Doonella Street shall
have a maximum width of 3.0 metres.
12. The applicant shall ensure appropriate measures are in place to prevent access to the site
from Doonella Street.
13. All vehicles shall enter and leave the site in a forward direction.
14. On-site landscaping shall not interfere with the sight distance of on-road traffic or vehicles
exiting the site.
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Access Easement
15. Prior to commencement of the permitted use, an access easement shall be created over the
access driveway within Lot 1 on RP 56190 - benefiting the general public and burdening Lot
1 on RP 56190.
Carparking
16. Car parking shall be provided within the site as shown on proposal plan 3001-aa dated
12/12/01 as submitted by Graham Matheson Licensed Building Designer, except as modified
herein.
17. A minimum of fourteen (14) carpark spaces, including one (1) clearly marked disabled
carpark space, shall be provided on site for the use permitted by this permit.
18. In addition to the fourteen (14) carpark spaces required to meet the carparking demand for
the uses permitted by this permit - an additional two (2) carpark spaces shall be provided to
make up for the two (2) Council carpark spaces lost as a result of obtaining access to the
site via the Council carpark.
19. The car parking area shall be designed to comply with the provisions of AS 2890.1-1993 for
User Class 3 and User Class 4 for disabled carpark spaces.
20. Pavement markings, appropriate signage (including ‘NO ENTRY’, ‘NO EXIT’, ‘DOONELLA
STREET EXIT’), and user limitation signs at parking spaces for people with disabilities shall
be provided at no cost to Council.
21. The carparking area shall be drained and the sealed pavement constructed to access road
standards. Plans and specifications for these works shall be submitted in conjunction with
an application for a Development Permit for Operational Works.
22. All signage and pavement markings shall be kept and maintained in a condition fit for use.
Carparking Easement
23. Prior to commencement of the permitted use, an easement shall be created over proposed
carpark spaces 8 & 9 within Lot 1 on RP 56190 - benefiting the general public and burdening
Lot 1 on RP 56190.
Frontage Works
24. All redundant vehicular crossings to the site (in both Sidoni Street and Doonella Street) shall
be removed and replaced with kerb & channel and footpath paving in accordance with
Council’s Standard specifications prior to commencement of the use permitted by this permit.
25. Any new concrete footpaths, to be placed where the redundant vehicle crossings have been
removed, shall be designed and constructed to ensure pedestrian safety using non-slip
materials and to produce an evenly graded surface finish.
26. The remaining area of the footpath, where the redundant vehicle crossings have been
removed, shall be topsoiled and grassed with couch.
27. Two new on-street carparking spaces shall be line marked on the road where the redundant
vehicle crossings have been removed and these spaces shall be designed to comply with
the provisions of AS 2890.1-1993.
Stormwater Drainage
28. To ensure that polluted run-off does not enter Council’s stormwater drainage system,
stormwater run-off from the carparking areas and the driveways shall have the first flush (the
first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior
to being permitted to discharge into Council’s drainage system in Sidoni Street and Doonella
Street.
All other clean stormwater, such as roof water, can be collected on site and discharged
through a single underground drain line directly into the existing drainage system, bypassing
the grease/oil arrestor.
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In this regard, plans shall be prepared by a Registered Professional Civil Engineer and
submitted to Council prior to obtaining a Development Permit for Operational Works.
29. A Development Permit for Building Works shall not be granted until a Development Permit
for Operational Works has been issued in regard to the drainage scheme.
30. The maximum discharge of stormwater drainage allowable to Council's street gutter at any
one location is 25 litres/second.
31. All site drainage shall be by means of gravity systems.
Headworks
32. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28
and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks
Contributions respectively and at the rates applicable at the time of payment. An estimate
only of the contribution rates as of December 2001 under the current policies is as follows:
Water Supply $ 5,552
Sewerage $ 7,904
TOTAL $13,456
All headworks contributions must be paid prior to the issue of a Development Permit for
Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
headworks contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or
is cancelled, the contribution or trading bank guarantee will be returned.
Sewer Mains
33. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
34. The site shall be connected to Council’s existing town water supply and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
35. Each water connection to the water reticulation system shall extend to the property boundary
and be metered. Where leased buildings are served by a single service, multiple water
meters to each leased building shall be installed. All fees for the supply of water meters shall
be paid to the Council.
Sewer Easement
36. If not already created, a registered easement shall be created over the existing sewer main
that crosses the eastern side of the site. The easement shall be provided parallel to and
centred over the sewer main and be equivalent in width to twice the depth to invert level of
the sewer at the deepest point within the allotment and be no less than 3.0 metres wide.
Easements - General
37. Prior to the issue of a Development Permit for Operational Works, a duly executed copy of
the easements shall be submitted to Council for perusal.
Any changes required by Council’s Solicitor shall be attended to prior to any Operational
Works being carried out on site.
Any necessary Titles Office forms requiring the consent of Council must be submitted prior
to the use permitted by this permit commencing.
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38. Prior to the issue of a Development Permit for Operational Works, the Applicant’s Solicitor
must give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the
easement documents will be lodged at the Land Titles Office and any additional Titles Office
forms or requisitions requiring the consent of Council will be attended to immediately.
Erosion and Sediment Control
39. To protect the environment against siltation/sediment export or soil erosion as a result of this
development, an erosion and sediment control plan shall be submitted in conjunction with
any Development Permit for Operational Works. Site control measures such as silt fencing,
controlled gravel access to the site and controlled disposal of waste, may be necessary. Prior
to commencement of Operational Works, all physical site control measures shall be installed,
and the plan adhered to.
Prior to commencement of Operational Works a $2,000 site control bond shall be lodged with
Council to ensure compliance with this condition.
The bond will be refunded less any costs incurred by Council in ensuring compliance with
this condition or any additional inspections incurred for substandard work or work undertaken
not in accordance with this permit.
General
40. All designs for engineering works involving the construction of pavements, kerb and channel,
vehicular access, footpaths, turnouts, stormwater drainage, water supply or sewerage
reticulation shall be prepared in accordance with the requirements of Council's Engineering
Design Standards, shall reference where applicable to Council’s Standard Drawings and
shall incorporate best engineering practice.
41. A suitably qualified Registered Professional Engineer shall prepare engineering drawings
and specifications for all engineering works, which shall be submitted in conjunction with an
application for a Development Permit for Operational Works.
42. Any alteration of a public utility or other facility necessitated by the development of the land
or associated construction works either internal or external to the site shall be at no cost to
Council.
Land Use
Approved Plans
43. 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
3001aa Sheet 1 - Site Plan, prepared by Graham Matheson 12/12/01
of 2 Licensed Building Designer
3001aa Sheet 2 - Elevations, prepared by Graham Matheson 12/12/01
of 2 Licensed Building Designer
1 - Site Plan, prepared by E.Designers 02.06.25
4 - Proposed Floor Plan, prepared by 02.06.25
E.Designers
5 - Proposed Elevations, prepared by 02.06.25
E.Designers
44. 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.
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45. There shall be no night time operations of the approved uses in order to protect the residential
amenity of surrounding premises. In this regard, the hours of operation of the business shall
be Monday to Saturday 8am to 6pm.
46. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to
be completed prior to the premises being occupied and maintained at all times thereafter.
47. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use. The landscape
plans referred to above are to denote areas of existing vegetation or existing trees proposed
to be retained.
48. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
49. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted, 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.
50. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
51. This Development Permit for a material change of use of premises lapses if:-
51.1 the use or erection of a building or other structure associated with the use, has not
been commenced within four (4) years of the date of issue of the Development Permit,
unless application is made and approved by Council for an extension; or
51.2 the use of any premises pursuant to the Development Permit ceases.
52. The developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for building works.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
1. Should the premises be used for hairdressing or skin penetration, then the applicant is to
submit two (2) sets of professionally drawn scale plans in compliance with Council’s Code
controlling hairdressing premises for approval by Council’s Environmental Health Section.
Approval is to be obtained prior to fitting out the building.
2. The Environmental Protection Regulation 1998 and Local Law No.12 prevents a builder or
building contractor carrying out building work on a building site in a way that makes or causes
audible noise to be made from the building work on:-
a. Monday to Saturday, before 7:00am or after 6:30pm
b. Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under this legislation.
3. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed
where it could reasonably be expected to move into a roadside gutter, stormwater drain or a
water course. On the spot fines apply for such offences.
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4. A clinical waste service is required for any proposed medical centre. The operator is required
to arrange with a licensed clinical waste contractor for the commencement of such a service.
5. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of
disabled access and the provision of disabled facilities, and that access to this building and
the provision of sanitary facilities may need to comply with the requirements of Section D
Part D3 and Section F Clause F2.4 of the Building Code of Australia.
6. The applicant is advised that two (2) of the carpark spaces proposed on site are strictly
Council carpark spaces that cannot be counted as parking associated with any use proposed
on site, as these spaces make up for the two (2) Council carpark spaces lost as a result of
obtaining access to the site via the Council carpark.
In this regard, future applications over the site that result in a shortfall of carparking will be required to pay a
monetary contribution for each space not provided.
In accordance with Planning Scheme Policy PSP13 Contributions in Lieu of the Provision of
Off Street Parking - the current contribution rate per space is $9,500.
Infrastructure Charges
7. 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
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
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.
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12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Tiani Bird
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 28 February 2002.
• Decision Notice – Minor – 132001.210307.1 – 31 July 2025, with
an amendment to condition 43.
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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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