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Delegated Report - Code - Planning MCU25 0067 (As Published)
Author Senior Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No. MCU25/0067
Applicant John Haines C/- Town Planning Alliance
Proposal Material Change of Use - Rooming accommodation (16 units)
Properly Made Date 5 June 2025
Information Request Date 3 July 2025
Information Response Date 21 November 2025
Further Advice Request 19 December 2025
Further Advice Response 22 April 2026
Decision Due Date 5 August 2026 (extended by agreement)
Report Reviewed & Ben Micallef – 7 August 2026
Finalised By
PROPERTY DETAILS
Property Address 23 Bottlebrush Ave Noosa Heads Qld 4567
RP Description Lot 140 RP 88934
Land Area 506m²
Existing Use of Land Residential – Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone High Density Residential
Precinct Not applicable
Local Plan Area Noosa Heads
Overlays Landslide Hazard
Assessment Type Code
Document Set ID: 23854028
Version: 14, Version Date: 13/08/2026
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1. PROPOSAL
The application seeks approval for a Material Change of Use - Rooming Accommodation (16 units).
The development takes the form of 16 x 1-bedroom and 1-bathroom units, in a 4-storey building.
Ground level consists of 6 car parking spaces, 8 motorcycle spaces, 9 bicycle spaces, waste
storage and general servicing areas. The first level comprises of 5 units, shared laundry and
kitchen, with a communal courtyard at the rear of the site. The second and third levels consist of
11 units in total; 6 units on the second level, 5 units on the uppermost level.
The target demographic for the development is permanent residents, not transient visitors or
tourists to the Shire, this including worker accommodation. Residents will be subject to a minimum
six-month tenancy agreement. The development does not include an onsite manager.
The applicant has provided an Operational Management Plan that demonstrates that the premises
will operate in a controlled, regulated consistent with the expectations for residential uses.
Key components include:
• House rules compliant with Sections 266–268, 275 and 276 of the Residential Tenancies
and Rooming Accommodation Act 2008;
• Defined tenancy management procedures and resident conduct requirements;
• Waste, maintenance and servicing protocols;
• Security arrangements and emergency procedures;
• A clear process for managing complaints and ensuring neighbour amenity is preserved
despite there being no on-site manager.
The OMP provides … assurance that appropriate management measures are in place to maintain
residential amenity and uphold the operational integrity of the Rooming Accommodation use
The applicant has provided the following supporting specialist documentation:
• Geotechnical Investigation Report
• Traffic Engineering Report
• Civil Drawings
• Stormwater Management
• Waste Management Plan
• Operational Management Plan
• Arborist Report for the retention of the large eucalyptus tree along the property frontage
• Landscape Plans
The locality and proposal plan are included below.
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Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Ground Floor Plan
Figure 4 – First Floor Plan
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Figure 5 – Second Floor Plan
Figure 6 – Third Floor Plan
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Figure 7 – Render
Figure 8 – Materials and Finishes Palate
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2. APPLICATION BACKGROUND
An Information Request was issued on 7 July 2025, key issues raised included:
• Nature of the use and how the applicant is to ensure that it would not function as short term
accommodation
• Bulk and scale of the development, the application greatly exceeded the built form
parameters.
• Revised arborist report to retain character tree
• Earthworks plan
• Waste management
The applicant responded to the request and generally satisfied the information request, however a
further advice was later issued due to outstanding items relating to the site cover and gross floor
area methodology, extent of earthworks, limited landscaping detail.
The applicant satisfactorily responded as dsiucssed below in the report.
3. SITE DETAILS
3.1. Site History
On 7 October 2021, Council issued a development approval for a multiple dwelling development,
consisting of 5 x small dwellings. The development has not been acted upon. The approved
development and proposed development remain assessable against the same planning scheme
version i.e., the Noosa Plan 2020 (Amendment 2 – 26 September 2020).
3.2. Site Description
The subject site is a 506m2 rectangular lot that slopes steeply from the road frontage to the rear of
the block. The site currently contains a dwelling house that will be removed to enable construction
of the proposed development.
3.3. Surrounding Land Uses
The subject site is surrounded by dwelling houses and unit developments. The site is adjacent to
Council’s Bottlebrush Avenue Carpark, in proximity to Noosa Junction.
4. ASSESSMENT
4.1. 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 (Amendment 2 - 25 September 2020).
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• High Density Residential Zone Code;
• Noosa Heads Local Plan Code;
• Special Residential Code;
• Works Codes;
• Landslide Hazard Overlay Code.
The subject site is located in Noosa Heads and is zoned High Density Residential. The proposed
use is identified as a consistent use within the zone and is required to follow a code assessable
application process.
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The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Criteria Planning Scheme Proposal Complies
Lot area 506m2
Building height
• storeys 3 storeys max (PO) NA meets AO
• metres 12 metres NGL and FGL 11.9 metres
Site cover 40% 40% / 204.2m2
Plot ratio 0.65:1 max. 0.75:1 / 379m2 X
328.8m² max GFA
0.75:1 for small dwellings
Boundary setbacks
Frontage
1st storey (car park) 6.0 metres min 6.0 metres
2nd storey 6.0 metres 6.0 metres (exception of X
minor arch. element at
3rd storey 10 metres
5.4m)
4th storey 10 metres X
5.6- 6.3 metres
X
8.05-12.5 metres
(balc and part of unit)
Side (northwestern 1.5 metre setback up to 1st level – 800mm X
boundary) 4.5 metres height;
2nd level – 2.46m
2 metres setback between
3rd level - 2.46m
4.5 metres and
7.5 metres height; and 4th level – 2.46m (in lieu of X
2.5m)
2 metres plus 500
millimetres for every 3
metres above 7.5 metres
height or part thereof
Side (southeastern) 1.5 metre setback up to 1st level – 610mm X
4.5 metres height;
2nd level – 2.46 – 2.95m
2 metres setback between
3rd level - 2.45-3.5m
4.5 metres and
7.5 metres height; and 4th level – 2.45-3.5m (lieu X
of 2.5m)
2 metres plus 500
millimetres for every 3
metres above 7.5 metres
height or part thereof
Rear
1st storey 6 metres 6.2 metres
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Criteria Planning Scheme Proposal Complies
Lot area 506m2
2nd storey 6 metres 6.4 - 7.4 metres
3rd storey 8 metres 6.5 - 7.4 metres X
4th storey 8 metres 6.5 - 7.4 metres X
Length of wall 15 metres max 6 metres
Landscaping 121.44m2 130m²
Soft landscaping 6 metre landscaped 2.6 metre planted
setback open car park landscape, with car park
Landscaping Setbacks
Private open space NA for Rooming Accommodation as does not constitute NA
a dwelling.
Carparking 8 car parking spaces / 2 6 car parking spaces plus 8
bedrooms motorcycle spaces
Slope 25% slope 17.9 %
Proximity to services 400m to sealed footpath. Greatly exceeds all
minimum distances
1,500m to Major Centre
Zone; or
400m TransLink bus stop
Plot Ratio – Gross Floor Area
Acceptable Outcome AO9 of the High Density Residential Zone Code seeks: AO9 For a
dwelling house plot ratio of development does not exceed:
(a) 0.65:1 for sites up to and including 7,000m2; or
(b) 0.6:1 for sites over 7,000m2.
The subject site is 506m2 in area and is not for the purpose of a dwelling house, the application
therefore falls to the Performance Outcome for assessment.
Performance Outcome PO8 of the Code seeks: PO8 Plot ratio:
a) for sites with frontage to Serenity Close, Noosa Heads — does not exceed 1:1; or
b) for development in all other areas does not exceed:
i. 0.65:1 for sites up to and including 7,000m²; or
ii. 0.6:1 for sites over 7,000m²; or
c) for small dwellings or for development which provides a ratio of at least three small
dwellings to every one other dwelling, does not exceed:
i. 0.75:1 for sites up to and including 7,000m2; or
ii. 0.7:1 for sites over 7,000m2.
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The proposed development achieves a plot ratio of 0.75:1 however does not consist of small
dwellings as the units are not self-contained. Despite the development being defined as residential
accommodation and Rooming Accommodation identified as a form of permanent housing the
planning scheme density provisions does not incentivise Rooming Accommodation through
increased site cover and plot ratio allowances. The development does not meet the Performance
Outcome and falls to the Overall Outcomes of the High Density Residential Zone Code for
assessment in this regard.
The proposed development is a compatible and consistent use within the High Density Residential
Zone. Rooming Accommodation is a type of permanent housing and provides long-term affordable
living options for residents including key workers. While the development does not achieve the
prescribed plot ratio, it maintains compliance with the applicable height and site coverage
requirements and delivers a built form comparable to that anticipated for a multiple dwelling
development comprised entirely of small dwellings. The proposal will enhance housing choice in a
highly accessible location, within close proximity to Noosa Junction, public transport, and essential
services. Importantly, the development also seeks to retain character vegetation within the front
setback, contributing positively to the streetscape and local character.
Furthermore, the applicant has provided a comprehensive assessment demonstrating consistency
with the purpose and overall outcomes of the High Density Residential Zone Code. It is agreed
that, in the circumstances of this proposal, weight should be afforded to a plot ratio of 0.75:1 as it
is an affordable permanent housing type, having regard to the development's compliance with the
remaining built form controls and its achievement of the intent of the zone. Overall, the
development is considered to uphold the purpose and outcomes of the High Density Residential
Zone and is therefore recommended for approval.
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Building Scale and Bulk
Performance Outcome PO6 of the High Density Residential Zone Code seeks:
PO6 Development:
a) is of a scale compatible with surrounding development and the particular circumstances of
the site; and
b) does not present an appearance of bulk to adjacent properties, roads or other areas in the
vicinity of the site.
The subject site currently contains a single dwelling; however, the redevelopment of the site for
Rooming Accommodation is assessed against the intended future character of the High Density
Residential Zone rather than the existing use of the land. In this context, the proposal is of a scale
that is consistent with the density and built form outcomes anticipated within the zone. The
development complies with the prescribed height and site coverage requirements and presents a
built form comparable to that expected for a multiple dwelling development comprised entirely of
small dwellings.
The scale of the development is further mitigated through appropriate building design, setbacks,
landscaping, and the retention of character vegetation within the front setback, which assists in
softening the visual presentation of the building from the street. As a result, the development does
not create an undue appearance of bulk when viewed from adjoining properties, the streetscape,
or surrounding areas. Overall, the proposal achieves a scale and form that is compatible with the
particular circumstances of the site and the planned urban character of the locality, consistent with
the outcomes sought by PO6.
Building Setbacks
Acceptable Outcome AO9.1 of the High Density Residential Zone Code seeks:
AO9.1 Buildings and structures meet the following minimum boundary setbacks:
a. Frontages:
i. first and second storeys — 6 metres
ii. third storey and thereafter — 10 metres
b. Side boundaries:
i. 1.5 metre setback up to 4.5 metres height;
ii. 2 metres setback between 4.5 metres and 7.5 metres height; and
iii. 2 metres plus 500 millimetres for every 3 metres above 7.5 metres height or part
thereof
c. Rear boundary
i. first and second storeys—6 metres
ii. third storey and thereafter— 8 metres
The application seeks a series of setback relaxation as summarised in the above table and
assessed against the below listed Performance Outcome.
Performance Outcome PO9 seeks: PO9 Buildings and structures are designed and sited to:
a. provide a high level of amenity to users of the subject site and adjoining premises,
including provision of visual and acoustic privacy;
b. not unreasonably obstruct views or cause overlooking of private open space or habitable
areas of adjoining premises;
c. provide adequate distance from adjoining land uses;
d. preserve existing vegetation that will help buffer development;
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e. allow for space and landscaping to be provided between buildings including adequate area
at ground level for landscaping with trees, shrubs, outdoor living and utilities;
f. be consistent with the predominant character of the surrounding area; and
g. protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
Front Setbacks
The Acceptable Outcome prescribes front boundary setbacks on a per-storey basis. While the
lower-level car parking area is located 1 metre below natural ground level, it does not meet the
definition of a compliant basement as it is not backfilled to natural ground level. Accordingly, the
car parking area constitutes Storey 1.
Second Storey
Storey 2 encroaches marginally protrudes into the 6-metre setback, comprising a architectural
element of approximately 400mm, as illustrated below. Given its minimal extent, this variation is
considered negligible and does not materially impact the intent of the setback requirement.
Figure 9 – Second Storey Setback Variation
Third Storey
The third storey provides a front setback ranging from 5.3 to 6.3 metres. This minor intrusion arises
primarily from the classification of the lower level as a storey rather than a basement, rather than
any substantive increase in the building’s scale or visual presence. Importantly, the existing
development approval for the site accepted a comparable setback at this level. In this context, the
encroachment is considered appropriate and consistent with the established development pattern
of the site, while maintaining the intent of the setback requirement.
Fourth Storey
The uppermost level provides a varied front setback of 8.05 -12 metres and relates to a balcony
and a portion of Unit 14, as illustrated below. This level incorporates a range of materials, finishes,
and articulated building elements, with a staggered design that effectively reduces the perceived
bulk and scale of the development. The area of variation also largely relates to a balcony, which is
predominantly an open structure and therefore has limited visual impact when viewed from the
street.
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Figure 10 – Area of Relaxation
Accordingly, the development satisfies the intent of the Performance Outcome, and the proposed
front setback variations are considered appropriate in the context of the site and its approved built
form.
Side Boundary Setbacks
Due to the development being constructed within a cut and size constraints of the lot, retaining
walls are required along both side boundaries to facilitate a high density residential development.
The side boundary setbacks to the retaining walls are 800mm to the north-western boundary and
610mm to the south-eastern boundary. During the Information Request process, additional
landscaping details were sought to demonstrate that these setback areas could adequately
accommodate landscaping. The submitted plans confirm that suitable landscaping can be
established and maintained within these areas.
The fourth storey seeks a minor side boundary setback variation of 0.04 metres to both boundaries.
Importantly, this variation does not apply to the full extent of the storey or wall plane; rather, it is
limited to specific portions of the level. The extent of the variation is influenced by ground level at
this location of the building, noting that the site slopes towards the street. As a result, the
encroachment is localised and minor in nature, does not materially increase the building's
perceived bulk, and is considered appropriate in the context of the site and its topographical
constraints.
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Figure 11 – North Western Elevation (area of relaxation)
Figure 12 – South Eastern Elevation (area of relaxation)
Rear Boundary Setback
The application seeks a variation to the rear boundary setback for the third and fourth storeys. The
encroachment is limited to the building's stairwell and portions of the rear-most units and does not
represent a substantial extension of the building bulk towards the rear boundary.
The adjoining property’s dwelling is situated at the highest point of the site towards Nairana Rest
(approximately setback 18 metres from the common boundary) and is screened by existing
vegetation and the site's topography. As a result, the potential for adverse overlooking or privacy
impacts is limited. Notwithstanding this, to ensure an appropriate level of privacy is maintained
should adjoining properties redevelop in the future, a condition is proposed requiring a minimum
windowsill height of 1.7 metres for rear-facing windows to the affected units.
In this context, the rear setback variation is considered acceptable and remains consistent with the
objectives of the Performance Outcome.
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Retention of Mature Tree
The proposal has been designed to retain the existing mature eucalypt tree within the road reserve,
with the driveway and major services located away from the tree where practicable. While the
development results in a major intrusion into the tree's NRZ and the standard TPZ cannot be
achieved, an exclusion zone is proposed to protect the maximum practical extent of the root zone.
Importantly, no permanent works are proposed within the SRZ, consistent with Council's
requirements. On balance, the proposal represents a reasonable outcome that facilitates
development while retaining the tree.
The existing old driveway cuts through what would normally be perceived as the tree's main rooting
area. The subject tree would, however, have been much smaller or may even have grown up since
the current driveway and roadway were constructed in the 70s / 80s, and consequently, the tree
has grown and adapted to its current situation, taking advantage of available suitable growing
conditions and deep sandy soils.
Acknowledging the balance between delivering necessary infrastructure such as a footpath in a
street undergoing significant change and the desire to retain this well established tree, conditions
have been placed on the permit to retain the tree and provide for a continuation of the existing
footpath with respect to the constraints around the tree as listed in Conditions 29-31.
Figure 13 – Eucalypt to be retained
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Figure 14 – Eucalypt to be retained with regard to existing footpath
Privacy and Overlooking
Acceptable Outcome AO16 of the High Density Residential Zone Code seeks:
AO16.1 Buildings and structures:
a. are sited and orientated to minimise the likelihood of overlooking the private open space of
adjacent residential uses;
b. avoid reduction of sunlight to at least 40% of the private open space areas of
any adjoining residences to less than 2 hours between 9:00am and 3:00pm on any day of
the year;
c. incorporate fencing, landscaping and screening to mitigate impacts on adjoining residential
uses.
Editor's note — refer to figure AP3-1A and figure AP3-2A
AO16.3 Transparent doors and windows are designed and located so they do not directly face
transparent doors or windows or the private open space areas of
other dwellings or accommodation units within 10 metres;
AO16.4 Where windows, balconies, terraces, verandas or decks overlook or have the potential to
overlook the private open space of nearby properties or view into habitable room windows within
10 metres—
a. windows have a sill height of not less than 1.7 metres above finished floor level;
b. windows and other openings are permanently screened to a minimum height of 1.7 metres
to avoid overlooking;
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c. windows and doors use translucent glazing to obscure views; or
d. windows or balconies are offset by 45 degrees or more.
Editor's note — refer to figure AP3-1C
The windowsill heights are to be conditioned to have a minimum sill height of 1.7 metres above
finished floor level, where not screened by a landscaped planter box, or a fixed screen. The
balconies along the northwestern and southeastern elevations balustrade are to be non-
transparent to ensure no overlooking into adjoining properties of private open space and screened
as illustrated on the plans. The elevation plans and where relevant the floor plans are required to
be amended accordingly.
The development will be conditioned to comply with the Acceptable Outcomes.
5. CONSULTATION
5.1. Referral Agencies
Not Applicable
5.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Development Engineer, Development Assessment
Waste
An amended Waste Management Plan (WMP) was provided in response to Council’s further
advice. The WMP has adopted the recommendations provided by Council’s waste team.
Earthworks
The information request and further advice issued by Council requested further detail
regarding the earthworks and levels of adjoining properties. The response provided notes
neighbouring access consent was sought for survey, though no response was provided by
the neighbours. It has been noted by Council, and acknowledged by the applicant, that
survey of adjoining property levels will be required as part of the detailed design/operational
works phase.
Landslide Hazard
The site is affected by the Landslide Hazard Overlay, a Geotechnical Investigation Report
has been provided, concluding a low risk of slope instability.
Stormwater
A lawful point of discharge is achieved via a new connection to the existing 450mm dia.
underground stormwater pipe within Bottlebrush Ave. The existing underground pipe
alignment follows kerb and channel on the opposite side if bottlebrush Ave, external works
will be required to trench through the road reserve and construct a new pit, administered
through an operational works application.
A stormwater management plan (SWMP) has been submitted addressing stormwater
quantity, on-site stormwater detention (OSD) is proposed to address stormwater quantity.
Water quality treatment is not required as per SPP & NC PSP.
Water Efficiency
A further advice item was requested by engineering to address the requirements of the
Sustainable Building Design Code; 3,000 litres of rainwater storage per dwelling or a water
balance equation integrated into a stormwater management plan. The item was not included
in the further advice and was not addressed. Relevant conditions to be applied to address
as part of the operational works assessment.
Sewer
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An existing sewer line passes through the frontage of the property, earthworks cut is
proposed to facilitate access. The proposed earthworks appears achievable, though design
refinement will be required during detailed design/op works to ensure appropriate
cover/suitable access grades.
• Senior Environment Officer, Development Assessment
The application material includes Concept Landscape Plans that generally meets the
requirements of the Landscape Code.
According to material provided, all existing vegetation within the lot requires removal.
Vegetation within the verge is proposed to be removed with the exception of mature trees.
The Arborist report (Consult Arborist, 21 October 2025) submitted with the application
demonstrates the two trees (Scribbly gums – Eucalyptus racemosa) located in proximity to
the development in the road verge and the adjacent lot/verge can be retained, subject to
recommendations outlined in the Arborist report. The report does make note that one of the
trees, located at lot 21 Bottlebrush Ave) within a retaining wall) is showing signs of
damage/decay to the basal trunk due to the construction/upgrades to the retaining wall.
Although not recommended for removal, the report states Council should monitor and
consider removal within the coming years. As such, it is recommended a condition be
included for the tree to be assessed by an arborist post construction to determine whether it
is safe to retain. While the Arborist report identifies this tree as being in the road reserve, it
appears to may be in the front setback of lot 21.
The site is not identified as containing areas of biodiversity significance.
Standard conditions have been provided.
• Waste Collection Officer, Community Services – there are inconsistencies in the Waste
Management Plan however the conclusion is adequate.
• Strategic Planner, Strategy and Environment – no objection to giving weight to small dwelling
plot ratio provision.
6. 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 MCU25/0067 for a Material Change of Use - Rooming
Accommodation situated at 23 Bottlebrush Ave Noosa Heads Qld 4567 and described as Lot 140
RP 88934, it is recommended the application be approved in accordance with the following details
for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU25/0067
Street address: 23 Bottlebrush Ave Noosa Heads Qld 4567
Real property description: Lot 140 RP 88934
Planning Scheme: Noosa Plan 2020 (Amendment 2 - 25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Rooming Accommodation (16 units)
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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.
Currency Period
2. This development approval lapses if the use has not happened by 17 July 2032, unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Where there is any conflict between the conditions of this approval and the details shown on
the approved plans and documents, the conditions of approval prevail.
4. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table 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
- - - -
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
DA03 3 Site Plan – Proposed prepared by Studio 20.04.2026
Workshop Architects
DA06 3 Materials and Finishes prepared by Studio 20.04.2026
Workshop Architects
DA100 2 Ground Floor Plan prepared by Studio 20.04.2026
Workshop Architects
DA101 2 First Floor Plan prepared by Studio 20.04.2026
Workshop Architects
DA102 2 Second Floor Plan prepared by Studio 20.04.2026
Workshop Architects
DA103 2 Third Floor Plan prepared by Studio 20.04.2026
Workshop Architects
DA104 3 Roof Plan prepared by Studio Workshop 20.04.2026
Architects
DA105 2 Typical Unit Detail Plan prepared by Studio 20.04.2026
Workshop Architects
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DA200 4 North Elevation prepared by Studio 20.04.2026
Workshop Architects
DA201 4 South Elevation prepared by Studio 20.04.2026
Workshop Architects
DA202 4 East Elevation prepared by Studio 20.04.2026
Workshop Architects
DA203 3 West Elevation prepared by Studio 20.04.2026
Workshop Architects
DA300 3 Site Section – Sheet 01 prepared by Studio 20.04.2026
Workshop Architects
DA301 3 Cross Section – Sheet 01 prepared by 20.04.2026
Studio Workshop Architects
DA400 3 Perspectives – Sheet 01 prepared by Studio 20.04.2026
Workshop Architects
DA401 3 Perspectives – Sheet 02 prepared by Studio 20.04.2026
Workshop Architects
SK002 C Landscape Concept Plan – Ground Floor 20 Apr 2026
Planting Plan
Amendment 1 All windows along the side and rear elevations are to achieve a
minimum windowsill height of 1.7 metres, unless fitted with
translucent glazing, opaque or similar.
Amendment 2 Reorientate the balconies of Units 3, 4, 8 and 9 to face Bottlebrush
Avenue to improve the development's streetscape presence and
reduce overlooking opportunities to adjoining properties.
Amendment 3 Provide northwest–southeast sectional plans demonstrating
potential overlooking from balconies, and revise the balcony
mitigation treatments for Units 2, 5, 7, 10, 13 and 15 accordingly,
ensuring balcony functionality is maintained and no additional gross
floor area is created
Amendment 4 Incorporate a gate and fixed screen treatment to the car parking area
to soften the development’s built form.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
5. The approved use must operate in accordance with the following requirements:
a. None of the sixteen (16) accommodation units are to function as self-contained
dwellings. Each unit must rely on the approved communal facilities for services such
as cooking and/or laundry.
b. The minimum tenancy period for each accommodation unit is six (6) months.
c. The development must be operated in accordance with the Operational Management
Plan prepared by Town Planning Alliance, as amended from time to time to the
satisfaction of the Responsible Authority.
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Building Height
6. The maximum height of the development must not exceed 12 metres above the ground level.
7. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
8. 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.
Street Identification
9. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Building Appearance
10. External design features, materials and finishes must be as shown on the Approved Plans
(refer to approved Materials and Finishes Palette), with no inclusions or alterations made
without approval in writing by Council.
11. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
12. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures, except where required to satisfy any privacy
condition of this Decision Notice.
13. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Fencing and Walls
14. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
and articulated to provide visual interest by stepping the design. Any fencing on the front
boundary must either:
a. not exceed a maximum height of 1.2 metres
b. be of open construction.
15. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Protection of Privacy
16. In accordance with Condition 4, all windows along the side and rear elevations are to achieve
a minimum windowsill height of 1.7 metres, unless fitted with translucent glazing or
adequately screened by landscape plantings.
17. In accordance with Condition 4, the upper-level balconies located on the northwestern and
southeastern elevations of the building must include either balcony planter boxes, non-
transparent balustrading (in addition to the detailed vertical screening), positioned in such a
way to obscure direct views into the habitable room windows or private open space areas of
the adjoining property.
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Amenity
18. 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.
19. All outdoor areas, including balconies, decks, pool and the like, must not be used after 9pm
each night.
Waste Management
20. A waste storage area must be designed and maintained in accordance with Planning
Scheme Policy PSP9 Waste Management and the Noosa Plan’s Waste Management Code.
The waste storage area must be:
a. imperviously paved and correctly sized for all refuse and recycling containers;
b. bunded and graded so that wastewater and bin leakage drain to the sewer;
c. provided with a conveniently located hosecock and backflow prevention device,
connected to a water supply to service the area; and
d. roofed or otherwise covered.
Community Management Statement
21. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
22. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The dwelling units are not permitted to be used for short term accommodation, unless
where there is a Development Permit for Material Change of Use for Short Term
Accommodation in effect.
Landscape Works
23. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. The works shown on the approved Landscape Concept Plans;
b. Provision of 1 street tree within the road reserve for every 8 metres of road frontage.
24. 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.
25. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
26. All planting areas on the eaves must be planted and maintained at all times, with replacement
planting undertaken promptly where plants fail or do not have a healthy and vigorous growth.
Retention of Existing Trees
27. All works must be carried out under the supervision of a qualified person* in accordance with
sections 9 and 10 of the Arborist report listed within this Decision Notice.
*(Refer to Advisory Note)
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28. Prior to the issue of an operational works approval, a bank guarantee or a bond of $5000
must be lodged as security for the protection of the tree/s identified for retention in sections
9 and 10 of the Arborist report listed within this Decision Notice. The bond:
a. may be drawn upon by Council in its entirety any one tree identified for retention is
damaged to the point where the tree cannot be saved (as confirmed by the project
arborist and agreed in writing by Council)
b. will be returned upon practical completion of all the operational works relating to this
development.
29. All trees and vegetation identified for retention must be protected in accordance with
AS 4970, Protection of trees on development sites.
External Works
30. Bottlebrush Ave 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. construction of a pedestrian footpath where permissible by a suitably qualified arborist
and in accordance with the conditions of this Decision Notice;
b. removal of the existing property access and reinstatement of the kerb, footpath and
verge area to match the balance of the site frontage, including the provision of topsoil
and turf where the existing verge is grassed.
Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Site Access and Driveways
31. A sealed access driveway must be provided from Bottlebrush Ave to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval, be generally in accordance with MPN Consulting’s Civil
Work Plan (DA.03 Rev A) dated 19/05/2026, and must include in particular:
a. a driveway crossover in accordance with Council Standard Drawing RS-051.
Car Parking
32. A minimum of 6 car parking spaces and 8 motorcycle must be provided and marked on the
site. The works must be undertaken in accordance with an Operational Works approval, and
must include in particular:
a. all parking spaces within the total, which are clearly marked for that purpose and
accessible at all times for visitor use;
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Pedestrian and Bicycle Facilities
33. Pedestrian and bicycle infrastructure must be provided as part of the development. These
works are to be designed and constructed in accordance with an Operational Works approval
and must include, but are not limited to, the following:
a. A pedestrian footpath along the full frontage of the site to Bottlebrush Ave, to be located
within the road reserve in accordance with the recommendations of the Arborist Report.
The final alignment and design of the footpath must be prepared by a suitably qualified
arborist to minimise impacts on existing vegetation and trees, and must be endorsed
as part of the Operational Works approval.
Condition 33 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
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Stormwater Drainage
34. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval, be generally in accordance with MPN Consulting’s Civil Work Plan (DA.03 Rev A)
dated 19/05/2026 and Stormwater Management Plan (10256 Rev A) dated 22/05/2025, and
must include in particular:
a. Rainwater storage for reuse, in accordance with Noosa Council’s Planning Scheme
Policy 5 - Sustainable Building Design.
Condition 34 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Services
35. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
36. 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.
37. 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
38. 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.
39. 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.
40. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
41. All works must be carried out in accordance with the recommendations contained in PTG
Consulting’s Geotechnical Investigation Report (PTG/01059-0001 Rev 0) and dated
06/05/2025.
Earthworks and Retaining Walls
42. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be undertaken in accordance with an Operational
Works approval, be generally in accordance with MPN Consulting’s Bulk Earthworks Plan &
Sections (DA.01 & DA.02 Rev A) dated 19/05/2025, and contained entirely within the subject
site unless written permission from the respective landowner(s) is provided to Council.
43. 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
44. 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
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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.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
PTG/01059-0001 0 Geotechnical Investigation Report, prepared by 06/05/2025
PTG Consulting
10256 A Stormwater Management Plan, prepared by MPN 22/05/2025
Consulting
RH2601-90 A Waste Management Plan, prepared by Rhodium 23/03/2026
Environmental
DA.01 A Bulk Earthworks Plan, prepared by MPN 19/05/2025
Consulting
DA.02 A Bulk Earthworks Sections, prepared by MPN 19/05/2025
Consulting
DA.03 A Civil Works Plan, prepared by MPN Consulting 19/05/2025
SK001 C Landscape Concept Plan – Coversheet & Drawing 20 Apr 2026
Index
SK002 C Landscape Concept Plan – Ground Floor Planting 20 Apr 2026
Plan
SK003 C Landscape Concept Plan – First Floor Planting 20 Apr 2026
Plan
SK004 C Landscape Concept Plan – Second Floor Planting 20 Apr 2026
Plan
SK005 C Landscape Concept Plan – Third Floor Planting 20 Apr 2026
Plan
SK010 C Landscape Concept Plan – Planting Species 20 Apr 2026
Schedule, Images & Notes
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
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The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
3. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Submission of Amended Plans Required
4. The conditions of this Decision Notice require resubmission of plan to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU25/0067; separate to any Operational Works application.
To avoid delays and assessment issues with the Operational Works application, it is
recommended the plan/s be resubmitted a minimum of 10 days prior to lodgement of any
Operational Works application. However, should the plans not be submitted, the applicant is
advised that a Preliminary Approval may be issued in lieu of a Development Permit.
Development Compliance Inspection
5. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Infrastructure Charges
6. 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
Performance Bond Agreement
7. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
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Qualified Person
8. A Qualified Person, for the purpose of undertaking, supervising tree works and preparing
arboriculture certification, is considered to be a person with a minimum three years current
experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide
to assessment of tree quality (NATSPEC) assessment and either:
a. International Society of Arboriculture (ISA) certification; or
b. A Diploma of Arboriculture.
Retention of Existing Trees
9. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Building and Construction Industry (Portable Long Service Leave) Levy
10. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
11. 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.
Preparation of a Construction Management Plan
12. A Construction Management Plan must be submitted with the Operational Works application
and must address the following:
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.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works External Works, Stormwater, Drainage Work,
Earthworks, Landscaping.
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
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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.
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