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Minor Change Existing Approval - 132003 220664 4 (As Published)
Officer: Patrick Murphy
Direct Telephone: 07 5329 6245
Our Reference: 132003.220664.4
Your Reference: n/a
27 August 2025
Traders Lane P/L
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 2 June 2025, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132003.220664.4
Street address: 12 Maple Street, Cooroy Qld 4563
Real property description: Lot 806 C 5602
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 12 June 2003.
• Development Permit for Material Change of Use – Extension to Existing Shop
In relation to the request to make a minor change to the existing approval, Council on 21 August
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change;
B. Amend condition 1;
C. Include additional conditions 17, 18, 19, 20, 21, 22.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
Land Use
1. 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
02-004-1 - Prepared by TR & SL Roper Drafting May 2006
101 P2 Site Plan prepared by Hiller Studio 23.05.25
103 P3 Floor Plan Overall Proposed prepared by 23.05.25
Hiller Studio
312 P4 External Elevations prepared by Hiller 23.05.25
Studio
313 P4 External Elevations prepared by Hiller 23.05.25
Studio
2. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
3. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use.
4. Suitable Landscaping is to be provided on the frontage to Maple Lane, in front of the
proposed extension. The landscaping is to be undertaken in accordance with Council’s
Landscaping Policy.
5. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
6. Security in the form of a cash bond or trading bank guarantee to the sum of $1,000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for operational works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit.
7. This Development Permit for a material change of use of premises lapses if:-
7.1. the use or erection of a building or other structure associated with the use, has not
been commenced by 12 June 2007, unless application is made and approved by
Council for an extension; or
7.2. the use of any premises pursuant to the Development Permit ceases.
Land Development
Carparking
8. Carparking shall be provided as shown on drawing number 02-004-1 undated by TR & SL
Roper Drafting, except as modified herein.
9. A clearly defined and appropriately signed disabled car parking space shall be provided in
the Maple Lane road reserve and designed to comply with the provisions of AS 2890.1-1993
for user class 3.
10. Deleted.
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Service Easements
11. A registered easement shall be created over the existing sewer main that crosses the site.
The easements shall generally be parallel to and centred over the sewer main and be
equivalent in width to twice the depth to invert level of the sewer at the deepest point within
the allotment (measured from the finished surface) and be no less than 3.0 metres wide.
In this regard, plans submitted for Operational Works approval shall accurately show the
location of the easement.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the
Land Titles Office and any additional Titles Office forms or requisitions requiring the consent
of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
12. No building or other structure shall be constructed or encroach over an easement. Any
building or structure within proximity of an easement or any other public utility’s underground
must have its foundations designed so that no surcharge loads are imposed upon such
underground infrastructure. Foundations must be taken down a minimum of 1 metre below
a line of influence measured 1 metre in the direction of the foundation from the centreline of
the closest underground service and along the natural angle of repose of the foundation soil
type(s).
13. Plans, and supportive documents, detailing these proposed foundations shall be designed
by a registered practising Geotechnical Engineer and submitted with the application for a
Development Permit for Operational Works.
Stormwater Drainage
14. All stormwater drainage shall be collected on site and discharged to Council’s existing
drainage structures in Maple Lane. In this regard, plans shall be prepared by a Registered
Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit
for Operational Works.
15. All site stormwater drainage shall be by means of a gravity systems.
Erosion and Sediment Control
16. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required
to be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
Additional Conditions – 21 August 2025
Façade Treatments
17. Ground floor buildings that address the Apex car park must provide a minimum of 50%
transparent glazing to shop fronts.
Site Specific Conditions
18. All hazardous materials and chemicals are to be stored at or above a minimum height of
107.5 AHD.
Stormwater Drainage
19. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
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Easements
20. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
21. 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.
Infrastructure Agreement
22. The applicant must comply with the requirements of any Infrastructure Agreement entered
into with the Council with respect to the payment of car parking contributions in relation to
the proposed development.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
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.
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.
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Food Business Licences
4. 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.
Infrastructure Charges
5. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
12. 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,
Patrick Murphy
Manager, Development Assessment
Development & Regulation
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Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans / Documents
Infrastructure Agreement
DECISION NOTICE HISTORY
• Original Decision Notice – 12 June 2003.
• Decision Notice – Minor – 132003.220664.3 – 1 June 2006, with
an amendment to condition 1 and delete condition 10.
• Decision Notice – Minor – 132003.220664.4 – 21 August 2025,
with an amendment to condition 1 and additional conditions 17, 18,
19, 20, 21 & 22.
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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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