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Delegated Report - Code - Planning MCU25 0099 - As Published · MCU25/0099

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Development Planner, Tiani Bird
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                   MCU25/0099

                  Applicant                         Lutheran Church of Australia Queensland District
                                                    T/A Good Shepherd Lutheran College

                  Proposal                          Material Change of Use - Educational establishment

                  Properly Made Date                28 August 2025

                  Information Request Date          25 September 2025

                  Information Response Date         13 October 2025

                  Decision Due Date                 18 November 2025

                  Report Reviewed &                 G.Schramm 17.11.2025
                  Finalised By


                  PROPERTY DETAILS

                  Property Address                  115 Eumundi Noosa Rd Noosaville Qld 4566

                  RP Description                    Lot 115 SP 313502

                  Land Area                         61,819m²

                  Existing Use of Land              Educational Establishment


                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              Community Facilities Zone – Educational Establishment

                  Precinct                          Not applicable

                  Local Plan Area                   Noosaville

                  Overlays                          Acid Sulfate Soils Overlay
                                                       - 5 metres AHD or Below (Area 1)
                                                       - Above 5metres AHD to 20 metres AHD (Area 2)

                  Assessment Type                   Code




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               1.     PROPOSAL
               The application seeks approval for a Material Change of Use - Educational establishment.
               The proposal seeks to include 2 additional maintenance sheds, 1 sport shed and establish acoustic
               fencing at Good Shepherd Lutheran College.
               The sports shed (shed A) is proposed in proximity to the sports oval at a total floor area of 112m2.
               The maintenance sheds are proposed to be located adjacent the existing basketball courts and
               eastern boundary. Maintenance shed B is proposed at a total floor area of 71.5m2 and maintenance
               shed C is proposed at a total floor area of 68.25m2. The acoustic fencing is proposed along the
               length of the northeastern side boundary at a maximum height of 2.4m adjoining existing residential
               development.
               The site is subject to a Preliminary Approval for an Educational Establishment in accordance with
               a Master Plan (MCU23/0096) and the structures are located as proposed within the Master Plan.
               No increase of students or staff as a result of the additional structures are proposed.
               The locality and proposal plan are included below.




                                                        Figure 1 – Locality




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                                                Figure 2 – Site Plan




                                       Figure 3 – Proposed Shed A Floor Plan



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                                       Figure 4 – Proposed Shed A Elevations




                                       Figure 5 – Proposed Shed B Floor Plan




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                                       Figure 6 – Proposed Shed B Elevations




                                       Figure 7 – Proposed Shed C Floor Plans




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                                        Figure 8 – Proposed Shed C Elevations




                                       Figure 9 – Proposed Acoustic Fencing Plan



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               2.     SITE DETAILS
               2.1. Site History
               Application History
               A number of development applications exist over the site. An overview of the site history is included
               below.

                Development Applications

                MCU23/0096             Material Change of Use - Educational establishment (Extension to existing -
                                       Performing Arts Building)
                                       Preliminary Approval for a Master Plan

                MCU20/0072             Extension to Educational Establishment – demountable buildings with central
                                       car park area (Approval recently cancelled)

                MCU18/0097             Education Type 2 School (Car park)

                MCU17/0073             Wellbeing Type 3 Worship

                05/0355                Change to Existing Approval – new temporary administration building and
                                       classroom

                REC15/0022             Reconfiguration of a lot

                07/1466                Education Type 1 - Childcare

                05/0355                Change Relevant Period, Change to Development Approval, Condition to a
                                       Condition of Approval

                05/0355                Extension to Educational Establishment

                23134 DA               Educational Establishment, Place of Worship & Industrial Uses with Staged Lot
                                       Reconfiguration

               An extract of the approved master plan included within MCU23/0096 Preliminary Approval for a
               Master Plan is included below for reference:




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                                       Figure 9 – Preliminary Approval Master Plan (MCU23/0096)

               2.2. Site Description
               The site has a total area of 6.17ha and is currently occupied by Good Shepherd Lutheran College
               and a childcare centre. The site has road frontage to Eumundi Noosa Road and Walter Hay Drive.
               The school has developed over the years without an approved master plan in place with various
               development applications submitted as the school expanded.
               2.3. Surrounding Land Uses
               The site is located in Noosaville and surrounded by industrial, residential, community and open
               space recreation land uses. Land directly adjoining the site to the northwest is owned by Energex
               Limited with an Energex substation constructed on the lot.
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020 (25 September 2020).
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Noosaville Local Plan Code;
               •      Community Facilities Zone Code;
               •      Community Activities Code;

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               •      Works Codes.
               The subject site is located in Noosaville and is zoned Community Facilities Zone Code. The
               proposed use is identified as a consistent use within the zone and is required to follow a code
               assessable application process.
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:

                Criteria                   Planning Scheme             Proposal                     Complies


                Building height
                •    storeys               2 storeys max               1 storey                        
                •    metres                8 metres                    Shed A 2.7 metres               
                                                                       Shed B 3.96 metres              
                                                                       Shed C 3.27metres               

                Site cover                 50%                         26%                             

                Gross floor area           1000m² max       (individual Shed A 112m2                   
                                           buildings)                                                  
                                                                       Shed B 71.5m2
                                                                       Shed C 68.25m2                  

                Boundary setbacks
                Ground Floor Plan / up to 4.5m

                Frontage                   6.0 metres min              All sheds > 6 metres            
                Side (northeast)           3.0 metres min              All sheds > 3 metres            
                Side/rear (southeast)      3.0 metres min              Shed A 23 metres                
                                                                       Shed B 2 metres                  X
                                                                       Shed C 2 metres                 X

                Length of wall             30 metres max               < 30 metres                     

                Roof Form
                   • Pitch                 Min 5 degrees               5 degrees                       

                Landscaping
                Landscaping                9265m² min - 15%            15%                             



                Carparking                 189 spaces                  298 spaces                      

               Noosaville Local Plan Code
               Existing Vegetation
               Acceptable Outcome AO5 of the Noosaville Local Plan Code states:
               AO5         Development       retains     and      enhances  existing   mature    trees  and
                           character vegetation contributing to the vegetated backdrop, character and habitat
                           values of the local plan area, including:


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                           (a) riparian vegetation, particularly mangroves adjacent to the Noosa River, Weyba
                               Creek, Lake Doonella and their tributaries;
                           (b) remnant melaleucas and eucalypt trees;
                           (c) the vegetated drainage lines through residential estates; and
                           (d) other character vegetation where identified in Figure 7.2.4.4 (Noosaville Framework
                               and Character plan) or Figure 7.2.4.5 (Noosa Business Centre Framework and
                               Character plan):
               The proposal seeks the removal of 2 existing gum trees and does not adopt the acceptable
               outcome AO5 of the Noosaville Local Plan Code. As such, the proposal requires assessment
               against the Performance Outcome PO5:
               PO5 Development        retains    and       enhances      existing    mature     trees      and
                   character vegetation contributing to the vegetated backdrop, character and habitat values of
                   the local plan area.
               Assessment
               The proposal seeks to remove 2 mature trees to facilitate the construction of shed B and C. The
               clearing works will be necessary and it is considered that the location of the gum trees in proximity
               to adjacent houses, structures and high use areas is undesirable in this instance. No clearing is
               proposed for the replacement and installation of an acoustic fence to the north of the site, at the
               rear of properties along Regatta Circuit.
               The proposal satisfies the Performance Outcome PO5 of the Noosaville Local Plan Code.
               Surrounding Vegetation
               Acceptable Outcome AO7.4 of the Noosaville Local Plan Code states:
               AO7.4          Development respects the scale of surrounding vegetation and maximises the
                              opportunity   for   retention  of  existing vegetation and  incorporates soft
                              landscaping between buildings.
               The proposal seeks to remove 2 existing gum trees from within the subject site and does not adopt
               the acceptable outcome AO7.4 of the Noosaville Local Plan Code. Despite not adopting the
               acceptable outcome AO7.4 of the Noosaville Local Plan Code, the proposal satisfies the
               performance outcome PO7 for the following reasons:
               PO7                  Buildings, structures and landscaping are integrated with the natural landscape
                              and reflect the riverside character and setting of the local plan area in terms of form,
                              composition and protection of neighbourhood amenity.
               Assessment
               The proposal requires the removal of 2 existing gum trees however seeks to establish a 2m wide
               landscaping strip between sheds B and C to the southeastern side boundary. The inclusion of this
               soft landscaping strip integrates the proposed sheds within the natural landscape and protects the
               neighbourhood amenity within Seacove Court.
               The proposal satisfies the Performance Outcome PO7 of the Noosaville Local Plan Code.
               Community Facilities Zone Code
               Setbacks
               Acceptable Outcome AO19.1 of the Community Facilities Zone Code states:
               AO19.1         Buildings and roofed structures are set back:
                              (a) for sites within urban boundaries at least:
                                  (i)      6 metres from a road frontage; and
                                  (ii)     3 metres from other boundaries unless the land adjoins the Environmental
                                           Management and Conservation Zone where the minimum setback is 5m; or
                              (b) for sites outside of the urban boundaries at least:
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                                   (i)    for uses involving towers or tanks, a distance at least equal to the height of
                                          the structure;
                                   (ii)   otherwise 10 metres from any boundary.
               AND
                              (c) a distance greater the riparian buffer area shown on Biodiversity, Waterways and
                                  Wetlands Overlay maps.
                              (d) 100 metres from the level of Highest Astronomical Tide (HAT) in tidal areas (and to
                                  incorporate natural vegetation and other buffer elements)
                              (e) 50 metres from freshwater habitats (and to incorporate natural vegetation and other
                                  buffer elements)
               The proposal does not adopt the 3m side boundary setback offered within acceptable outcome
               AO19.1 of the Community Facilities Zone Code. Despite not adopting the acceptable outcome
               AO19.1 of the Community Facilities Zone Code, the proposal satisfies the performance outcome
               PO19 for the following reasons:
               PO19           Buildings and other structures:
                              (a) provide amenity for users of the premises as well as preserve the visual and
                                  acoustic amenity of adjoining and nearby properties;
                              (b) allow space for required vehicle parking;
                              (c) preserve existing vegetation to buffer the building;
                              (d) allow for landscaping between buildings;
                              (e) avoid large areas of continuous wall planes by varying the building setbacks and
                                  using appropriate techniques to provide visual relief; and
                              (f) help protect the natural character and visual amenity of the Noosa River system
                                  and other watercourses where relevant.
               Assessment
                    (a) The proposal seeks to adopt a 2m setback in lieu of 3m to the southeastern side boundary
                        however provides a landscaping buffer to preserve the acoustic amenity of adjoining
                        neighbours within Seacove Court.
                    (b) The development is subject to a Master Plan (MCU23/0096) and provides parking in excess
                        of the requirements.
                    (c) The proposal seeks to establish a 2m landscape buffer to the southeastern side boundary
                        and adequately buffers the development.
                    (d) As included above, the proposal allows a 2m wide landscaping buffer to the side boundary
                        which softens the visual appearance of the sheds to Seacove Court.
                    (e) The proposal avoids presenting large continuous walls to side boundary setbacks by
                        providing adequate landscape buffering to neighbouring properties.
                    (f) The development is not located within proximity to the Noosa River System.
               The proposal satisfies the Performance Outcome PO19 of the Community Facilities Zone Code.
               Acoustic Fencing
               Acceptable Outcome AO29 of the Community Facilities Zone Code states:
               AO29           Where adjoining land in a residential zone or a sensitive land use:
                              (a) a minimum 1.8 metre high solid acoustic screen fence and a 2 metre wide
                                  landscape strip is provided along the full length of all common site boundaries; and
                              (b) intrusive or noise generating outdoor activities are located and orientated away
                                  from sensitive land uses.
               The proposal seeks to establish a 2.4m high acoustic fence along the length of the northeastern
               property boundary adjoining established residential development and does not provide a 2 metre
               wide landscape strip along the full length of all common boundaries. The proposal does not adopt
               the acceptable outcome AO29 of the Community Facilities Zone Code and thus requires
               assessment against the performance outcome PO29:

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               PO29 Where land adjoins the major road network, land within a residential zone or a sensitive
                    land use:
                         (a) development is appropriately setback and buffered by vegetation or other screening;
                         (b) development is of a scale compatible with buildings in the adjoining residential zone;
                             and
                         (c) buildings and other structures contribute to the streetscape and skyline.
               Assessment
                     (a) The proposal provides a 2.4m high acoustic fence along the length of the northeastern
                         property boundary in order to provide greater acoustic amenity to neighbouring residents.
                     (b) The existing fence reaches a maximum of 2.4m high and is consistent with the existing
                         situation. The fencing provides a scale compatible with the adjoining residential zone.
                     (c) The fencing is not viewed from the street and maintains the existing skyline.
               The proposal satisfies the Performance Outcome PO29 of the Community Facilities Zone Code.
               4.      CONSULTATION
               4.1. Referral Agencies
               The applicant was referred to the following Referral Agencies:
               •       Energex
               The Department is an advice referral agency for the purpose of the Electricity Act 1994 and
               Electricity Safety Act 2002 in accordance with Schedule 10, Part 9, Division 2, Table 2, Item 1
               (10.9.2.2.1) – Material Change of use of premises within 100m of a substation site or subject to an
               easement for the benefit of a distribution entity under the Electricity Act and the easement is for a
               supply network.
               Energex has responded advising that the proposal is Approved in full - subject to conditions.
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •       Senior Environment Officer, Development Assessment – as conditioned.
               5.      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 MCU25/0099 for a Material Change of Use - Educational
               Establishment situated at 115 Eumundi Noosa Rd Noosaville Qld 4566 and described as Lot 115
               SP 313502, it is recommended the application be approved in accordance with the following details
               for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:              MCU25/0099

                   Street address:              115 Eumundi Noosa Rd Noosaville Qld 4566

                   Real property description:   Lot 115 SP 313502

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)


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               2.     DECISION DETAILS

               Council decided to issue the following type of approval:
               •      Development Permit for a Material Change of Use - Educational Establishment
               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 18 November 2031 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

                         1                  -       Site Plan, prepared by Just Sheds              -

                         A1 - 101           A       Site Plan and Typical Fence Elevation, 23/08/2024
                                                    prepared by Soul Space Building Design

                         6 of 7             -       Elevation (Shed A), prepared by Just Sheds 12/12/2023

                         -                  -       Elevation and Floor Plan         (Shed    A), 12/12/2023
                                                    prepared by Just Sheds

                         6 of 7             -       Elevation (Shed B), prepared by Just Sheds 12/12/2023

                         -                  -       Elevation and Floor Plan         (Shed    B), 12/12/2023
                                                    prepared by Just Sheds

                         6 of 7             -       Elevation (Shed C), prepared by Just Sheds 12/12/2023

                         -                  -       Elevation and Floor Plan         (Shed   C), 12/12/2023
                                                    prepared by Just Sheds

                      Building Height
               4.     The maximum height of the development must not exceed 8 metres above the ground level.
                      Vegetation Clearing
               5.     Vegetation clearing for the proposed sheds must be undertaken in accordance with the
                      Approved Reference Document (“Photo 1” provided by Applicant).
               6.     Fauna or fauna habitat relating to approved tree removal/clearing works must be managed
                      by a qualified person*.
                      *(Refer to Advisory Note)


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               7.     All tree and vegetation removal works must be undertaken by a qualified person*.
                      *(Refer to Advisory Note)
                      Landscaping Works
               8.     The development site must be landscaped. The works must be undertaken prior to the issue
                      final certificate/s and include the following:
                      (a) the works shown on the Approved Plans
                      (b) a 2-metre-wide landscaping strip between the sheds, labelled “B” and “C”, and the
                          boundary fence of the subject site, uncompromised by infrastructure items, capable of
                          screening the sheds from the rear gardens of houses in Seacove Court.
                      (c) Landscaping garden provided to the northern boundary of the subject site.
                      (d) Landscape gardens must include Syzygium austral and Callistemon viminalis planted in
                          accordance with Council’s Planning Scheme Policy PSP2 - Landscaping. The vegetation
                          planted must have a minimum pot size of 25 litre with an average spacing of 1 metre.
               9.     All landscaping between the sheds B and C and the Seacove Court boundary fence must be
                      established on the subject site prior to the issue of final inspection certificate/s for sheds B
                      and C.
                      *(Refer to Advisory Note)
               10.     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.
               5.     REFERENCE DOCUMENTS

                Plan No.               Rev.   Plan/Document Name                                     Date

                Photo 1                       Photo 1- Removal of Existing Gum Trees, prepared 28/08/2025
                                              by Applicant

               6.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Referral Status        Referral Agency and Referral Trigger                  Response
                                       Address




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                Advice                 Energex Level 1, 26 Schedule 10, Part 9,                 The agency provided its
                                       Reddacliff    Street, Division 2, Table 2, Item 1        response on 12
                                       Newstead QLD 4006     (10.9.2.2.1) – Material            September 2025
                                                             Change of use of                   (Reference No. ECM
                                                             premises within 100m of            13800454-27844504).
                                                             a substation site or               A copy of the response
                                                             subject to an easement             is attached
                                                             for the benefit of a
                                                             distribution entity under
                                                             the Electricity Act and the
                                                             easement is for a supply
                                                             network

               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).
                      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.
                      Development Compliance Inspection
               3.     Prior to the commencement of the use, please contact Council's Development Assessment
                      Branch to arrange a Development Compliance Inspection.
                      Infrastructure Charges
               4.     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.
                      Nature Conservation Act



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               5.     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.
                      Sustainability
               6.     Council encourages sustainable and energy efficient building design for all development,
                      including the use of sustainable building materials, energy efficient fittings, solar hot water,
                      photovoltaic systems (including the use of inverter/charges), solar panels, water saving
                      devices and rainwater harvesting.
                      Retention of Existing Trees
               7.     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.
                      Qualified Person
               8.     Qualified Person, for the purpose of:
                      (a) Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
                      (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 either:
                           (i) International Society of Arboriculture (ISA) certification; or
                          (ii) A Diploma of Arboriculture.
                         (iii) A minimum AQF (Level 3)

                      Local Native Plant Species
               9.     Suitable Local Native Plant Species can be found in Table SC6.3.4.2 and Table SC6.3.4.3
                      of Schedule 6 of the Noosa Plan 2020 Planning Scheme Policy 2 Landscaping
                      (https://noosaplan.noosa.qld.gov.au/eplan/rules/0/17/0/8180/0/29)
               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 Building Works             All building work.



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               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.




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