Council archive · source document
Minor Change Existing Approval - 151999.982601.3 (As Published)
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: 151999.982601.3
Your Reference: 260209
16 September 2026
Oly Homes
C/- URBN Town Planning Pty Ltd
PO Box 81
BUDERIM QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 17 June 2026, requesting a minor change to an existing
development approval. Council on 8 September 2026 decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 151999.982601.3
Street address: 24 Eucalypt Way, Cootharaba Qld 4565
Real property description: Lot 19 SP 152355
Planning Scheme: Noosa Plan 2020 (Amendment 3 - 20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 28 February 2002.
• Development Permit for Reconfiguration of a Lot - Lot Reconfiguration
In relation to the request to make a minor change to the existing approval, Council on 8
September 2026, decided to approve the requested changes. The changes are detailed below.
A. Approve the change in part only.
B. Refuse to amend condition 28 for the following reasons:
1. The proposed change is more appropriately addressed as additional conditions of
approval relevant to the individual site.
C. Include additional conditions 40 – 43.
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
1. The lot reconfiguration shall be in accordance with plan LAND/PRO.B dated 20/2/02 as
submitted by Murray and Associates except as modified herein.
2. Pursuant to Section 3.5.21(6) of the Integrated Planning Act 1997, the currency period shall
extend to 14 December 2002. By this date, all conditions must have been complied with,
operational works completed, and the revised Plan of Survey lodged with Council for
endorsement.
3. Roadworks within the proposed access easements shall be constructed to a sealed access
road standard in accordance with Council's standard drawing No. 9013.
If the length of easement exceeds 100 metres, passing lanes shall be provided at appropriate
locations, no more than 60 metres apart, in accordance with Council's standard drawing No.
9035.
The length of easement and access road construction on Lot 10 shall extend past the existing
dam on Lot 9 to provide access to the house site area.
4. All roads shall be constructed to Council’s Engineering Design Standards. Boronia Road
shall be constructed to Council’s local road standard. Eucalypt Way and Callistemon Court
shall be constructed in accordance with Council’s access road standard.
Drawings prepared by a Registered Professional Civil Engineer of Queensland are to be
submitted to Council for approval by the Manager of Land Development.
5. The entrance driveways to all lots affected by flooding shall have driveways constructed from
the roadways to the indicated house envelope. This driveway is to be constructed to the
same flood requirements as the internal road designs and shall be constructed from
compacted gravel to Council’s Engineering Design Standards.
6. The proposed access easements shall be a minimum of 10.0 metres wide with the width
being increased where necessary to accommodate passing lanes, bin storage areas and
services or to provide the specified clearances from cut/fill batters. All services shall be
installed for the full length of the access strip prior to pavement construction.
7. A 3.0 metre wide concrete driveway shall be constructed within a 4.5 metre wide battleaxe
access strip for Lot 19. All service conduits shall be installed for the full length of the access
strip prior to pavement construction.
8. Access to each lot shall be constructed to the standards and requirements of the Manager -
Land Development and in accordance with Council's standard drawing No. 9040.
9. Speed humps and appropriate signage are to be constructed along Boronia Road,
commencing in the vicinity of the northern boundary of Lot 20.
Full details, include appropriate signage, are to be submitted in conjunction with an
application for Development Permit - Operational Works.
10. Where lots are serviced by access easements a refuse collection area is to be established
within the road reserve for the placing of wheelie bins on collection day. The area is to be
sufficient in size for the placement of one wheelie bin from each property and located so as
not to impede the flow of traffic. Details of the refuse collection area are to be submitted in
conjunction with an application for Operational Works.
11. The existing dam on Lot 4 is to be filled in to increase the area available for a house site and
effluent disposal.
Filling works are to be carried out in accordance with Section 3.8 of Council's "Engineering
Design Standards" manual and so as not to cause the ponding of water on any adjoining
lands or the blockage of, or interference with, any natural watercourses. No earthworks or
filling works are to be undertaken until issue of a Development Permit for Operational Works
in respect of filling works.
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12. All engineering works involving the construction of street pavements, kerb and channel,
footpaths, turnouts, underground drainage, water supply and sewage reticulation, must be
designed and constructed to the standards and requirements of Council’s “Engineering
Design Standards” Manual.
The engineering drawings and specifications associated with these works are to be prepared
by a Registered Professional Civil Engineer, Qld. Pursuant to Section 5.2 if the Local
Government (Planning and Environment) Act, prior to any works commencing, engineering
drawings and specifications are to be submitted to Council and approved by the Manager of
Land Development.
13. The subdivision is to be landscaped in accordance with Council’s Policy on Landscaping
Guidelines and a properly prepared landscaping plan is to be submitted and approved by the
Manager of Land Development prior to the issue of approval of engineering drawings. The
landscaping plans are to address:-
13.1. street tree planting
13.2. buffer areas
13.3. removal of undesirable species
Such landscaping is to be completed in accordance with the approved landscaping plan prior
to acceptance of the development on maintenance and maintained thereafter during the
maintenance period to the reasonable satisfaction of the Manager of Land Development.
14. The proposed names of the new roads, parks and access easements serving more than
three allotments (private roads) are to be submitted for approval by Council in conjunction
with the engineering designs for the roadworks. Names are to be selected from wither of the
following categories:-
14.1. Easily pronounced words of the Aboriginal Language.
14.2. Names or words of local significance or historical interest.
14.3. Flora, fauna, industry, topographical, geological and similar features and terms relative
to the district.
14.4. Surnames of persons of merit or historical significance. Personal names should be
avoided.
Approval will not be given where the name is the same or similar to the name of another road
in the Shire, or of a road in close proximity in a neighbouring Shire. Names that are not easily
pronounced, or may cause confusion to emergency services are to be avoided.
The applicant is responsible for erecting street signs on new public roads. On private roads
the nameplate and signpost will be provided and erected by Council upon payment of the
appropriate fee.
15. Provision of a State Survey Mark within the subdivision to Council’s satisfaction which shall
be levelled and located to the requirements of the Manager of Land Development. The Form
6 shall be submitted for Council’s records.
16. Prior to Council giving approval for the construction of roadworks or services associated with
this stage, the applicants are to submit a $50,000 bond to ensure compliance with the
conditions contained within this approval. The bond will be returned following acceptance of
all works “On Maintenance”.
17. The applicant shall contribute towards roadworks in accordance with Council’s policy for
contributions within the Junction Road Catchment. The current contribution rate is $4,214
per additional lot. This contribution is subject to CPI variation from February 1996 and any
alterations made to Council’s Policy.
18. All suitable native trees shall be retained where possible and the applicant shall undertake a
footpath tree planting programme on completion of the roadworks.
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19. The applicants are to construct a 30m wide vegetated buffer along the southern boundary as
indicated in Noosa Town Planning Pty Ltd’s report dated 1st May, 1996. The buffer is to be
generally as described in the Department of Primary Industries/Department of Housing and
Local Government Planning Guidelines: “Separating Agricultural and Residential Land
Uses”. The details of the buffer are to be provided with the landscaping plans and to consist
of a mixture of trees and shrubs indigenous to the site planted at 4m x 4m intervals over the
full 30m width. The buffer is to be maintained by the developer until the trees are a minimum
of 2.5m high and weed and grass growth is suppressed to the point where maintenance is
no longer required. A maintenance bond of $10,000 is to be lodged with Council and will be
called up if the buffer has not met this self-maintaining state within two years of planting. The
bond, or balance remaining if called up, will be refunded once the buffer reaches the self-
maintaining state.
20. Cleared house site areas of 2000m2 shall be created on Lots 3, 6, 10, 13, 14 and 15. These
house sites shall be located outside the areas of flooding, buffer zones or the environmental
covenants.
Prior to any clearing being carried out a site inspection is to be carried out with Council’s
Vegetation Management Officer and Work’s Inspector, the Principal Contractor’s site
representative and the Contractor’s Supervising Engineer, to define the limits of clearing for
this development.
Areas to be protected by environmental covenants are to be flagged off as ‘no encroachment’
zones, to the satisfaction of Council’s Works Inspector. This barrier is to remain in place for
the duration of the clearing works, machinery and materials are not permitted within these
areas.
21. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
21.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
minimum of 10 metres between edges of heaps.
21.2. Disposal for firewood.
21.3. Disposal for landscaping purposes.
21.4. Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternate site to be used for this purpose.
The disposal method for clearing works is to be submitted in conjunction with an application
for a Development Permit for Operational Work. The Applicant is advised that other methods
may be considered provided full details of the method are submitted.
The Applicant is also advised that burning off is an unacceptable method of disposal.
22. Any existing noxious and environmental weeds, including but not limited to Groundsel,
Noogoora Burr, and Salvinia Molesta, shall be cleared from the entire property to the
satisfaction of the Manager of Land Development (namely a 95% kill) prior to the release of
the sealed Survey Plan. (Under State Legislation Gall Fly (Rhopalomyia Califormica) is not
a recognised means of control or destruction of groundsel bush.)
Note that Council requires thirty (30) days notification following completion of eradication
works prior to Council’s Noxious Weeds Officer inspecting the subject site.
23. Pursuant to Section 3.7.3(c) of the Integrated Planning Act, all outstanding rates and charges
due and payable to Noosa Council in respect of the lots being reconfigured shall be paid prior
to endorsement of the Plan of Survey for each stage.
24. Any legal documentation required by this permit to be presented to Council should be
submitted in the correct form (together with the prescribed fees in accordance with Council’s
adopted fee schedule) at least fourteen (14) days prior to any request being made for release
of the Survey Plan.
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25. An electricity service shall be provided to each lot. Full details of the revised proposal
forwarded to ENERGEX for its approval shall be submitted to Council.
The approval of ENERGEX and a “Certificate for Electricity Supply to Subdividers” will be
required to be submitted by Council prior to endorsing the revised Plan of Survey.
Any agreement with ENERGEX shall be wholly at the applicant's expense, and shall not
entail a financial encumbrance on future purchasers of the proposed lots.
The design is to be carried out by an Electrical Design Consultant approved by ENERGEX.
The consultant shall liaise with Council’s Manager - Works Support during preparation of the
design.
26. Written confirmation from an approved telecommunication agency must be provided to
council indicating that satisfactory arrangements have been made for the provision of
telephones services to all lots within the subdivision. In this regard the revised lot layout shall
be referred to the relevant authorities.
27. Prior to endorsement of the Plan of Survey, the land indicated on plan LAND/PRO.B as park
shall be dedicated to Council as Public Use Land - Reserve (For Environmental Purposes)
at no cost to Council.
28. Plans of each created lot shall be prepared showing the areas suitable for a house site and
the effluent disposal areas (the building envelope). The house site and effluent disposal
areas shall be a minimum of 2000 square metres, and exclude the following:-
a) all areas below the Q100 flood line,
b) all areas within the 100m Agricultural buffer or 30m road boundary setback,
c) land inside any setback required from any boundary,
d) land located within a proposed registered covenant.
These plans shall be submitted to Noosa Council prior to an application for sealing of the
plan of survey.
No structure (including pools) shall be located in the areas outlined in items a-d of this
condition. A property note shall be added to Council’s rates records to advise prospective
purchasers of this building envelope requirement.
29. Prior to sealing the Plan of Survey an effluent disposal report is to be submitted for each new
allotment to demonstrate that it contains an area that meets the requirements of AS1547-
2000 On-Site Domestic Wastewater Management, Interim Code of Practice for On-site
Sewerage Facilities and Council Policy.
30. In conjunction with the Plan of Survey, the area on Plan LAND/PRO.B as ‘new road’ shall be
dedicated to the public for road widening at no cost to Council.
This area of dedication shall be approved by Council’s Works Department prior to sealing
the Plan of Survey.
31. Registered covenants shall be created over the areas indicated on Plan LAND/PRO.B as
Vegetation Protection Areas, 30m Road Boundary Setbacks and 100m Agricultural Buffers.
The terms of the covenant shall relate to the conservation of vegetation and prohibition of
any building works within the buffer areas. Clearing of vegetation for any purpose other than
weed management shall not be permitted.
32. Prior to sealing the Plan of Survey the applicant is to submit the minimum floor levels for
each allotment in accordance with the findings of the JWP Flood Study dated April 2000.
Minimum floor heights shall be set to provide 0.5m freeboard from the 1 in 100 year flood
levels.
The applicant is advised that a property notation shall be placed on Council’s rates records
for the proposed lots advising prospective purchasers of minimum floor levels that may apply.
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33. Prior to sealing the Plan of Survey a Metes and Bounds Plan shall be submitted for Lots 10,
13, 14, and 15 to locate the house site areas in accordance with those indicated on Plan
LAND/PRO.B.
Dwelling houses and effluent disposal on these allotments shall be located within theses
designated building envelopes.
A property note shall be added to these allotments to advise prospective purchasers of the
designated building envelopes.
34. Following completion of the filling works and prior to endorsement of the Plan of Survey, the
registered practicing Geotechnical Engineer supervising the works shall submit compaction
tests across the entire filled areas and a site classification report for each lot subject to filling.
The extent of fill and each lot site classification shall be shown on a metes and bounds survey
plan.
An appropriate property notation shall be placed on Council's rates records to advise
prospective purchasers of lots that have been filled that special foundations requirements
may apply.
35. The applicant is advised that the following notation shall be placed on the rates records for
the proposed new allotments to advise prospective purchasers of Council’s requirements
regarding house siting and effluent disposal:-
‘The property is in an unsewered area. Effluent shall be disposed of on-site in
accordance with Council’s policy for on-site wastewater disposal current at the time
of Building Works. A detailed site assessment and effluent land application design
will be required to be submitted to Council at the time of application for a
Development Permit for Building Works.
You are advised that a preliminary investigation for this site indicated that a
secondary wastewater treatment system may be required.’
For further information regarding on-site wastewater disposal please contact Council’s
Plumbing Services Department.
36. The applicants are to note that a property note will be placed on the rates records of all lots
to advise prospective purchasers that the adjoining land is a primary production lot and, as
such, may at times generate high noise levels and involve the use of herbicides, pesticides
and possibly aerial spraying.
37. Access to created lots is prohibited along the Junction Road and Cootharaba Road frontage
of lots 2,3,6,7,9,10,22,23. This will be placed as a property note on these properties.
38. The applicant is advised that the following property note shall be added to all new allotments
to advise prospective purchasers of the nearby airstrip.
‘This property is in the vicinity of a private airstrip and may be subject to aircraft noise. For
details of the airstrip use rights contact the Federal Aviation Authority.’
39. The applicant is to investigate the site of the original cattle dip on the property. A chemical
contamination report is to be prepared by a qualified person and if it is found to be
contaminated, the site shall be entered on the Department of Environment’s Contaminated
Sites Register. A clearance from this Department will subsequently be required to be
presented to Council prior to the approval of engineering drawings or any subdivisional works
proceeding.
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Additional Conditions – 8 September 2026 – 151999.982601.3
Approved Plan – Amended Building Envelope
40. Development authorised by this approval relates to Lot 19 SP152355 and must be
undertaken generally in accordance with the building envelope plan listed in the table below.
Plan No. Rev. Plan/Document Name Date
3089_D2 A Contour and Detail Survey - Site Plan 24 Eucalypt 24/07/2026
Way over Lot 19 on SP152355 prepared by Level Up
Surveying
41. Any new habitable buildings within the Approved Building Envelope Plan shall meet a
minimum habitable floor level of RL 10.75 m AHD.
Building Envelope – Lot 19 SP152355
42. All future buildings on Lot 19 SP152355 must be sited and constructed in accordance with
the approved building envelopes and dwelling controls (i.e. the “Plan of Development”)
shown on the Approved Plans.
43. The applicant must prepare a metes and bounds building envelopes plan indicating House
site areas and effluent disposal areas for the proposed lots. The areas must be in accordance
with the approved plans Contour and Detail Survey - Site Plan 24 Eucalypt Way over Lot 19
on SP152355 prepared by Level Up Surveying, dated 24/7/2026. The plans must be
submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The
applicant must submit the plans to Council prior to Building Works approval.
5. REFERRAL AGENCIES
Not applicable.
6. 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
7. PROPERTY NOTES
151999.982601.3 Building Envelope – Lot 19 SP152355
1. All future buildings on Lot 19 SP152355 must be sited and constructed in accordance with
the approved building envelopes and dwelling controls (i.e. the “Plan of Development”)
shown on the Approved Plans.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
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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,
Andrew Gaffney
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 28 February 2002
• Negotiated Decision Notice
• Decision Notice – Extension to Currency Period – 9 October 2002
• Generally in Accordance – 27 September 2013
• Generally in Accordance – 4 September 2018
• Decision Notice – Minor – 151999.982601.3 – 8 September 2026, include additional conditions 40 – 43
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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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