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Decision Notice DBW25 0115 (As Published)

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                                                                                  Officer:            Tiani Bird
                                                                                  Direct Telephone:   07 53296389
                                                                                  Our Reference:      DBW25/0115
                                                                                  Your Reference:     .

               18 December 2025


               M McGee
               C/- Brennan Planning Pty Ltd
               44 Maple St
               COOROY QLD 4563

               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 16 December 2025, Council decided to approve the
               application subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              DBW25/0115

                   Street address:              157 Lawnville Rd Black Mountain QLD 4563

                   Real property description:   Lot 83 MCH 3546

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Building Work Assessable Against the Planning Scheme -
                       Additions to Dwelling House (Secondary Dwelling within a Riparian Buffer Area)
               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 of the building 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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                      Currency Period
               2.     This development approval lapses if the use has not happened by 19 December 2027,
                      unless an application to extend the currency period is approved by Council.
                      Approved Plans
               3.     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

                           22-168 01          C      Site Plan, prepared by Mclaren Design Pty 11/09/2025
                                                     Ltd

                           -                  -      Floor Plan and Elevations, prepared by -
                                                     Unknown

                           -                  -      Elevations, prepared by Unknown               -

                           -                  -      Carport Plan, prepared by Unknown             -

                      Building Height
               4.     The maximum height of the development must not exceed 8 metres above the ground level.
                      Car Parking
               5.     A minimum of 3 car parking spaces must be provided on site and made available and
                      accessible at all times for residents.
                      Water Supply
               6.     The approved dwelling must be serviced with a rainwater tank having a minimum storage
                      capacity of no less than 60,000 litres.
                      Wastewater Treatment and Disposal
               7.     The dwelling must be provided with an on-site wastewater treatment and effluent disposal
                      system having a capacity sufficient for the use*.
                      *(Refer to Advisory Note)
                      Site Access and Driveways
               8.     A sealed access driveway must be provided from Evans Road to all parking and manoeuvring
                      areas of the development. The works must be undertaken in accordance with an Operational
                      Works approval and Council’s standard drawings RS-056.
                      Stormwater Drainage
               9.     Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property.
                      Damage to Services and Assets
               10.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.       where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                               or
                      b.       where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.




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                      Pre-start Meeting
               11.    Prior to undertaking any works, a prestart meeting must be arranged with Council’s delegate
                      to identify any clearing of native vegetation required to establish the bushfire asset protection
                      zone associated with the secondary dwelling.
                      Performance Bond
               12.    Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
                      submitted to Council, to secure performance of the rehabilitation works outlined in in the
                      approved riparian rehabilitation plan, prior to the pre-start meeting. 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.
               VEGETATION PROTECTION
                      Retention of Existing Trees and Vegetation
               13.    A “no clearing zone” must be established and maintained over land beyond 10 metres of the
                      approved building footprint of the secondary dwelling. Clearing (other than for driveway
                      access) for the following activities must not be carried out within the no clearing zone:
                      a.      clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
                              indigenous to, or planted within, the zone
                      b.      soil/spoil dumping and/or compacting
                      c.      soil excavation, other than for planting indigenous native plants.
                      d.      The following exceptions apply:
                             i.        declared plants under the Land Protection (Pest and Stock Route Management)
                                       Act 2002 and sub-ordinate Regulation 2003, and any Council Listed
                                       Environmental Weeds, Exotic Grasses and other plants identified in writing by
                                       Council
                            ii.        indigenous native trees which pose a well-founded threat to persons or property
                                       as approved in writing by Council
                           iii.        controlled bushfire burns to maintain ecological processes subject to submission
                                       of a Bushfire Management Plan and agreed in writing by Council.
               14.    If any native vegetation clearing is required, a qualified person* must be engaged for the
                      duration of the works to:
                      a.      Oversee installation of all tree protection fencing prior to commencement of any works
                              onsite to ensure trees to be protected are clearly marked.
                      b.      Supervise tree protection within the development site and frontages, prior to, during
                              and following construction in accordance with AS 4970, Protection of trees on
                              development sites.
                      c.      Oversee approved tree removal in proximity to retained trees.
                      d.      Undertake a risk assessment of all trees within striking distance of the development
                              works and site and carry out hazard removal and amenity pruning in accordance with
                              AS 4373, Pruning of amenity trees.
                      *(Refer to Advisory Note)

                      Fauna Management
               15.    If any native vegetation clearing is required, a qualified person* must be engaged to manage
                      fauna prior and during clearing to:
                      a.      Ensure works are carried out in accordance with the Nature Conservation Act 1992.




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                      b.      Undertake pre-clearing inspections including fauna relocation and removal or blocking
                              of all vacant hollows.
                      c.      Ensure clearing works avoids nesting times of animals and birds.
                      d.      Co-ordinate staging and sequence of clearing with fauna protection.
                      e.      Protect and recover fauna during clearing operations (not previously removed).
                      f.      Manage the translocation of animals and recovery procedures in accordance with
                              relevant legislation.
                      *(Refer to Advisory Note)
                      Removal of Existing Trees and Vegetation
               16.    If any native vegetation clearing is required, removal of existing trees and vegetation must
                      be undertaken by a qualified person* and must include:
                      a.      No damage to other vegetation for retention.
                      Legal disposal of all removed vegetation and debris.
                      *(Refer to Advisory Note)
                      Land Rehabilitation
               17.    The area identified for rehabilitation, as shown on Plate 6 – Rehabilitation Area Detail in the
                      approved Riparian Rehabilitation Plan, must be rehabilitated in accordance with that plan.
               FOLLOWING CONSTRUCTION
                      Supervision/Certification
               18.    Prior to issuing the certificate of occupancy the following (prepared by a qualified persons*)
                      must be submitted to Council:
                      a.      A report confirming all performance measures outlined in the approved riparian
                              rehabilitation plan have been implemented in accordance with conditions of approval.
                      * (Refer to Advisory Note)
               5.     REFERENCE DOCUMENTS

                Plan No.               Rev.   Plan/Document Name                                     Date

                -                      -      Riparian Rehabilitation Plan – Lot 83 on MCH3546 -
                                              157 Lawnville Road, Black Mountain, Equilibrium
                                              Ecology

               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:
                      Aboriginal Cultural Heritage Act 2003
               1.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
                      approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
                      The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
                      carries out an activity must take all reasonable and practicable measures to ensure the
                      activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
                      duty of care. Substantial monetary penalties may apply to individuals or corporations
                      breaching this duty of care. Injunctions may also be issued by the Land and Resources


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                      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.
                      Short Stay Letting
               3.     On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home
                      hosted accommodation. The local law commenced on 1 February 2022. A one off application
                      will need to be made, under the new local law, for all existing and new properties operating
                      short stay letting or home hosted accommodation, unless identified as exempt.
                      For more information and application forms, please visit Council’s website below:
                      https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
                      Nature Conservation Act
               4.     It is the responsibility of the applicant to ensure compliance with the Nature Conservation
                      Wildlife Management Regulation 2006 which is regulated by the State Government.
                      There may be a requirement to undertake a Flora Survey pursuant to Flora Survey
                      Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature Conservation
                      Wildlife Management Regulation 2006. Exemptions are listed in Division 5 of the same Act.
                      Further information can be obtained at this website https://www.ehp.qld.gov.au/licences-
                      permits/plants-animals/protected-plants/ or by calling the Department of Environment and
                      Heritage Protection on 1300 130 372.
                      There may also be a requirement to obtain State Government Approval of a Species
                      Management Plan prior to any activities that tamper with any place that is being used by a
                      native animal for breeding activities. This is regulated by Section 332 of the Nature
                      Conservation Wildlife Management Regulation 2006. Further information regarding this
                      matter can be obtained at this website https://www.ehp.qld.gov.au/licences-permits/plants-
                      animals/species-management-program/ or by calling the relevant State Department.
                      Waste Water Treatment and Disposal System
               5.     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.
                      Performance Bond Agreement
               6.     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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                      Property Driveway and Vehicle Crossover
               7.     The planning scheme declares for the construction of a driveway and vehicle crossover to
                      the property to be Accepted Development subject to meeting the requirements of the Low
                      Density Housing Code. If the proposed driveway and vehicle crossover does not comply with
                      each Acceptable Outcomes contained in the Code, a Development Permit for Operational
                      Work is required to be obtained from Council.
                      *http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
                      Biosecurity Act 2014 – Fire Ant Control
               8.     Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
                      individuals and businesses are responsible for ensuring that they follow the movement
                      controls for specific organic materials to help prevent the spread of fire ants within South
                      East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
                      ant biosecurity zone may need a biosecurity instrument permit. More information is available
                      on https://www.fireants.org.au/treat/business-andindustry/movement-controls
                      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.
                      Removal of Existing Trees and Vegetation restoration
               10.    Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
                      well as optimum weed seed sterilisation.
                      Qualified Person
               11.    Qualified Person, for the purpose of:
                      a.      Undertaking landscape construction and establishment works is considered to be a
                              person with five years current experience in commercial landscape construction
                              projects.
                      b.      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 AS2303 Tree stock for landscape use
                              assessment and either:
                              i.       International Society of Arboriculture (ISA) certification; or
                              ii.      A Diploma of Arboriculture.
                      c.      Managing Fauna protection, preparing Fauna reporting and certification and
                              calculating compensatory habitat, is considered to be an ecologist or environmental
                              scientist with a minimum of three years current experience in the field of fauna
                              assessment and management
                      d.      Undertaking, supervising or reporting on site rehabilitation works, a qualified person is
                              considered to be an ecologist or bush regenerator with a minimum of three years
                              current experience in the field of landscape, ecological or bush restoration.
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.




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               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required                  Subject of the required Development Permit

                Development Permit for Operational Works             Vehicle Crossover

                Development Permit for Building Works                All building work.

               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,


               Tiani Bird
               Development Planner | Development Assessment
               Development & Regulation



               Enc:   Appeal Rights
                      Approved Plans/Documents
                      Notice about Decision – Statement of Reasons




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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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