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Negotiated Decision Notice MCU23 0070
Officer: Tara Norley
Direct Telephone: 07 53296414
Our Reference: MCU23/0070
Your Reference: M3024P
19 April 2024
Cambooya Pty Ltd
C/- JFP Urban Consultants Pty Ltd
T1.209 Kon-Tiki Business Centre
Tower 1/55 Plaza Parade
MAROOCHYDORE QLD 4558
[email protected]
Dear Applicant,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On
18 April 2024, Council decided your representations. This negotiated decision notice replaces the
decision notice of 12 January 2024.
Details of the negotiated decision are as follows:
1. APPLICATION DETAILS
Application No: MCU23/0070
Street address: 36 & 38 Duke St Sunshine Beach Qld 4567
Real property description: Lot 370 RP 48111, Lot 371 RP 48111
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council on 12 January 2024, decided to issue the following type of approval:
• Material Change of Use - Food and drink outlet, Short-term accommodation
In relation to representations, Council on 18 April 2024 decided to:
A. Agree to amend conditions 3 and 4.
B. Refuse to delete condition 21 as this is a standard condition applied to all development within
the Tourist Accommodation zone. A minor change to the condition to reference the Douglas
Street frontage has been made to clarify the condition.
C. Refuse to amend conditions 12 and 20 as per the applicant’s request:
a. Condition 12 is a standard condition included on approvals to ensure impacts on
amenity are managed, and as such it is therefore considered unnecessary and
inappropriate to remove the condition. A minor change to correct a typing error has
been made to the condition.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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b. Condition 20 is a standard condition in accordance with fencing requirements in the
Tourist Accommodation zone. A minor change to the condition to clarify code
requirements (ie the inclusion of the word ‘minimum’) has been made to this condition,
which therefore would not preclude increasing the average setback if more appropriate.
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 12 January 2030, 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 tables below.
Plan No. Rev. Plan/Document Name Date
7252-DA06 19 Duke Street & Douglas Lane Floor Plans prepared 12.02.2024
by Blackburn Jackson
7252-DA07 19 Floor Plan – Level 2 & Level 3 prepared by 12.02.2024
Blackburn Jackson
7252-DA08 12 Roof Plan & Height Plane Projection prepared by 12.02.2024
Blackburn Jackson
7252-DA14 12 Elevations prepared by Blackburn Jackson 12.02.2024
7252-DA15 13 Sections prepared by Blackburn Jackson 12.02.2024
7252-DA16 13 Sections prepared by Blackburn Jackson 12.02.2024
7252-DALS02 09 Landscaping Planting – Duke Street prepared by 12.02.2024
Blackburn Jackson
7252-DALS03 09 Landscaping Planting – Douglas Lane prepared by 12.02.2024
Blackburn Jackson
7252-DALS04 09 Landscaping Planting – Level 2 prepared by 12.02.2024
Blackburn Jackson
Nature and Extent of Approved Use
4. The premises must not be used to host events, functions or parties (e.g. bucks parties, hen’s
parties, raves, or wedding receptions).
5. The use must be operated in accordance with the Local Law requirements for Short Term
Letting at all times.
6. The Food and drink outlet uses on the premises must not operate outside the hours of:
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a. 6am to 10pm Monday to Thursday, Sunday and public holidays;
b. 6am to 12am Friday and Saturday.
The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
7. Service vehicle movements associated with non-residential uses on the premises (including
loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday
and not at all on Sundays or public holidays. The requirements of this condition must be
included in the Community Management Statement for any body corporate for the subject
site.
Building Height
8. The maximum height of the development must not exceed 12 metres above the ground level.
9. 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
10. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 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
11. 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.
Amenity
12. The operation of the approved uses 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.
Building Appearance
13. External design features, materials and finishes must be as shown on the Approved Plans,
with no inclusions or alterations made without approval in writing by Council.
14. 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.
15. All deck and balcony areas must not be enclosed by permanent fixtures such as shutters,
louvres, glass panelling or the like, thus remaining as open, except where required to satisfy
any privacy condition of this Decision Notice.
16. All balustrades to decks and balcony areas must be open or transparent.
17. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
18. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
19. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
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Fencing and Walls
20. Any street fencing along Douglas Lane must not exceed 1.8 metres in height, be set back an
average of 1 metre minimum 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.
21. The area of land between any fence and the Douglas Lane property boundary must be
densely landscaped to screen any fencing from the street.
Protection of Privacy
22. The balconies of Apartments 1 and 3 must include either balcony planter boxes, balustrading
or fixed external screens, positioned in such a way to obscure direct views into the habitable
room windows or private open space areas of the adjoining property to the west. Any
screening provided along the western length of Apartments 1 and 3 balconies must be
setback a minimum of 1m from the western boundary.
23. The balconies of Apartments 2 and 4 must include either balcony planter boxes, balustrading
or fixed external screens, positioned in such a way to obscure direct views into the habitable
room windows or private open space areas of the adjoining property to the east. Any
screening provided along the eastern length of Apartments 2 and 3 balconies must be
setback a minimum of 1m from the eastern boundary.
Landscaping Works
24. 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.
a. planting of shrubs and trees to the site’s frontage that will visually frame and soften the
presentation of the built form to Douglas Lane;
b. The existing tree located to the site’s Duke Street frontage must be assessed by a
qualified person* and retained and protected where possible. Where mature trees are
to be removed, reasonable grounds must be given by the qualified person*.
25. 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.
26. All planting areas on the eaves/elevated planter boxes 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.
Waste Management
27. Waste storage and disposal facilities must be provided in accordance with Planning Scheme
Policy 9, Waste Management and the Noosa Plan’s Waste Management Code, including an
external imperviously paved area correctly sized for all refuse and recycling containers and
suitably screened from public places and neighbouring properties.
28. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic
condition;
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;
d. be roofed or otherwise covered.
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Community Management Statement
29. 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.
30. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
Land Amalgamation
31. All properties the subject of the development must be amalgamated, or alternatively retained
within reciprocal access easements.
ENGINEERING
Site Access and Driveways
32. A sealed access driveway must be provided from Douglas Lane to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular a driveway crossover generally
in accordance with Council’s Standard Drawing RS-051 and any associated addendum.
Car Parking
33. A minimum of nine (9) car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. One visitor parking space for the Short-term Accommodation use, which is clearly
marked for that purpose and accessible at all times for visitor use.
b. Four parking spaces for the Food and Drink Outlets, which is clearly marked for that
purposes and accessible at all times for staff/patron use.
c. Dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities
34. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
35. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
36. Suitable signage must be provided to carspaces V1, R3 and C3 to indicate that the spaces
are “reserve in only”. The signage must be clearly indicated on any plans submitted for
Operational Works.
Pedestrian and Bicycle Facilities
37. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. A minimum of 3 bicycle spaces.
Stormwater Drainage
38. 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 and be generally in accordance with the Site Based Stormwater Management Plan
reference number M3024E_DA1_SBSMP, Revision B dated September 2023 prepared by
JFP.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
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Services
39. Reticulated electricity and telecommunication services must be provided to each unit/lot in
accordance with the standards and requirements of the relevant service provider.
40. 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.
41. 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
42. 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.
43. 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.
44. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
45. All earthworks and associated retaining structures/batters, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
46. All earthworks on site must be carried out in accordance with the recommendations
contained in the Geotechnical Investigation report number J001873-001-R-Rev 1 dated
August 2023 prepared by Core Consultants.
Damage to Services and Assets
47. 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.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
J001873-001- Rev 1 Report on Geotechnical Investigation - Proposed August 2023
R Mixed-Use Development - 36-38 Duke Street,
Sunshine Beach prepared by Core Consultants
M3024E_DA1 B Site Based Stormwater Management Plan prepared 19/09/2023
_SBSMP by JFP
6. REFERRAL AGENCIES
Not applicable.
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7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Equitable Access and Facilities
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.
Short Stay Letting
4. 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
Food Business Licences
5. Applications for food business licences under the Food Act 2006 are to be submitted to
Council prior to the commencement and construction of the Food and Drink
Outlet. Applications for Design Approval and Approval to Operate (including applications for
licences under the Food Act 2006) are to be submitted to and approved by Council for the
food premises, prior to the issue of a Development Permit for Building Work.
Development Compliance Inspection
6. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Sustainability
7. 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.
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Qualified Person
8. For the purpose of preparing an Arborist Report, a qualified person is considered to be a
person with either:
a. ISA certification; or
b. a Diploma of Arboriculture in addition to a minimum of 3 years current experience in
the field of arboriculture.
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 Access and parking, Stormwater, Drainage work,
Earthworks, Landscaping
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.
Yours faithfully
Tara Norley
Senior Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 12 January 2024.
• Negotiated Decision Notice – MCU24/0070 – 18 April 2024 - with an amendment to conditions 3, 4 & 21
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