Council archive · source document
Minor Change Existing Approval - 132004 4552 02 (As Published) · 132004.4552.02
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6245
Our Reference: 132004.4552.02
Your Reference: 219/CDA/110526
3 June 2026
Pace Planning Pty Ltd
C/- Pace Planning Pty Ltd
9 Panorama Ridge Rd
BUDERIM QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 11 May 2026, 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: 132004.4552.02
Street address: The Dukes At Sun
1/27 Duke St, Sunshine Beach Qld 4567
2/27 Duke St, Sunshine Beach Qld 4567
Real property description: Lot 0 SP 175486
Lot 1 SP 175486
Lot 2 SP 175486
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 16 December 2004.
• Development Permit for Material Change of Use – Duplex Dwelling
In relation to the request to make a minor change to the existing approval, Council on 1 June 2026,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 1.
C. Delete condition 5; and
D. Include additional condition 46.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 8
Document Set ID: 24833834
Version: 4, Version Date: 03/06/2026
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 7 pages
Page 2
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered DD-01 D, DD-02 C, DD-
03 D, DD-04 D, DD-05 C, DD-06 D, DD-07 B, DD-08 D, DD-09 D, DD-10 A and DD-11 D
prepared by Tangram Architects and dated 23.11.04 and as may be amended by these
conditions.
For Lot 1, the development undertaken in accordance with this approval must generally
comply with the approved plans of development. The approved plans are numbered 01-12
and N3, Project number 27 Duke St 2024, Rev. 8 dated 08/04/2026, prepared by JMF
Design.
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. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably
qualified and experienced Horticulturalist or Landscape Architect. Such landscaping is to be
completed prior to the premises being occupied and maintained at all times thereafter and to
include the following:-
3.1. a minimum of 3 x 100 Litre native canopy trees to be planted adjacent to the northern
edge of the driveway.
3.2. a minimum of 5 x 100 Litre native canopy trees to be planted in the landscaped area
south of the driveway.
3.3. the retention of the Brush Box located along the south eastern side property boundary.
3.4. the retention of the Bloodwood located on the north western side property boundary.
3.5. the retention of the Elaeocarpus reticulatus located on the rear property boundary.
3.6. a densely vegetated buffer is to be provided along the rear property boundary This
landscaped buffer is to include a mix of native species, with trees (45 Litres of larger)
and understorey planting. These species are to comply with Section 10 of Council’s
Policy of Landscaping Guidelines.
3.7. screening vegetation, to reach a height of 3.0 metres, is to be implemented along the
length of the south eastern side property boundary between the site’s rear corner and
the Ground Floor Terrace, to soften the visual appearance of the fence required to be
erected. This planting is to comply with Section 10 of Council’s Policy of Landscaping
Guidelines.
3.8. screening vegetation, to reach a height of 3.0 metres, is to be implemented along the
length of the north western side property boundary between the site’s rear corner and
the Ground Floor Terrace to soften the visual appearance of the fence required to be
erected. This planting is to comply with Section 10 of Council’s Policy of Landscaping
Guidelines.
4. A 1.8 metre high wooden paling overlapping fence is to be erected along the rear boundary,
to reduce the impact of noise and light from the pool and terrace areas. A 1.8 metre high
fence shall be constructed on both side property boundaries. All fencing is to be constructed
at the expense of the owner.
5. Deleted
Page 2 of 8
Document Set ID: 24833834
Version: 4, Version Date: 03/06/2026
Page 3
6. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
maximum building height above natural surface, required by the provisions of the Planning
Scheme.
7. Any terrace areas are not to be enclosed with shutters, glass panelling or the like, thus
remaining as open structures.
8. The pool is not to exceed more than 1.0 metre above natural ground level.
9. Security in the form of a cash bond or trading bank guarantee to the sum of $20 000 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.
10. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
11. The proposed development shall have all kitchen, laundry and bathroom fittings that comply
with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
Drainage Standard Part 1.2). All tap ware and shower roses shall not exceed a maximum
flow of 9 litres per min. Dishwashers and washing machines are excluded from this
requirement.
12. This Development Permit for a material change of use of premises lapses if:-
12.1. the use or erection of a building or other structure associated with the use, has not been commenced by
16 December 2008 unless application is made and approved by Council for an extension; or
12.2. the use of any premises pursuant to the Development Permit is abandoned.
Land Development
Vehicle Access
13. A vehicular access driveway to serve the development shall be constructed from the Duke
Street frontage of the site with a maximum width of 5.5 metres.
14. The driveway shall be designed and constructed to Council’s design standards and to grades
that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
movements along the footpath without any level difference. Should any driveways be
constructed to grades that do not comply with AS2890.1-2004, Council will require that the
driveway be removed and reconstructed to levels that do comply.
15. All vehicles shall enter and leave the site in a forward direction.
Carparking
Off Street
16. Carparking shall be provided within the site as shown on drawing number DD-02C dated
23/11/04 by Tangram Architects, except as modified herein.
17. A minimum of 4 covered carpark spaces shall be provided on site.
18. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
user class 1A with allowance for vehicles to enter and leave the site in a forward gear and
with a minimum head clearance (headroom) at any point of 2.2m.
19. All carparking shall be kept and maintained in a condition fit for use.
Page 3 of 8
Document Set ID: 24833834
Version: 4, Version Date: 03/06/2026
Page 4
Parking Contributions
20. A Park contribution of $2,726 towards the acquisition of additional parkland or the
improvement of existing parkland and facilities in the locality shall be paid to the Council prior
to obtaining a Development Permit for Operational Works in accordance with Council’s
Planning Scheme Policy PSP24 Park Requirements. This amount will be subject to
variations in the Consumer Price Index, All Groups Brisbane from September 2004 until the
date of payment.
Frontage Works
21. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Duke Street frontage of the site in accordance with Planning Scheme Policy PSP1
Landscaping Guidelines. Grass shall be couch, free of weeds.
22. All redundant vehicular crossings to the site shall be removed and replaced by kerb &
channel and landscaping such as trees and grasses in accordance with Council’s Standard
specifications prior to commencement of the use permitted by this permit.
Pathway Contributions
23. A pathway contribution of $247 towards external major pathways, in accordance with
Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to
the Council prior to obtaining a Development Permit for Operational Works. This amount will
be subject to variations in the Consumer Price Index, All Groups Brisbane from September
2004 until the date of payment.
Stormwater Drainage
24. All stormwater drainage collected on the proposed buildings and landscaped areas shall be
collected on site and discharged to Council’s street drainage system in Duke Street. Plans
of the drainage design shall be prepared by a Registered Professional Civil Engineer and
submitted to Council prior to obtaining a Development Permit for Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s street drainage
system at any one location is 25 litres/second.
25. All stormwater drainage collected on the proposed driveways shall be disposed of on site.
To this end, a detailed design and maintenance plan for the on site disposal system shall be
submitted to the Council for approval prior to obtaining a Development Permit for Operational
Works.
A Development Permit for Building Works shall not be granted until a Development Permit
for Operational Works has been issued in regard to the drainage scheme.
26. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
27. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
28. The site shall be connected to Council’s existing town water supply and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
29. Each water connection to the water reticulation system shall extend to the property boundary
and be metered. Where multiple units including leased buildings are served by a single
service, multiple water meters to each individual unit or leased building shall be installed. All
fees for the supply of water meters shall be paid to the Council.
Page 4 of 8
Document Set ID: 24833834
Version: 4, Version Date: 03/06/2026
Page 5
Head Works
30. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28
and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks
Contributions respectively and at the rates applicable at the time of payment. An estimate
only of the contribution rates as of September 2004 under the current policies is as follows:
Water Supply $4,269
Sewerage $2,915
TOTAL $7,184
All headworks contributions must be paid prior to the issue of a Development Permit for
Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
headworks contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or
is cancelled, the contribution or trading bank guarantee will be returned.
Earthworks
31. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences or structures that border the development site. Fences that are affected shall be
replaced prior to plan endorsement. In this regard any fences to be replaced shall be clearly
shown on the plans submitted for Operational Works approval.
Site Stability
32. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
determine the soil classification, establish whether any measures are required to protect the
stability of adjoining buildings and/or structures, and make recommendations on the type of
system to retain adjoining land and the foundation system(s) best suited for the proposed
development. This information shall be submitted to the Council prior to obtaining a
Development Permit for Operational Works.
Erosion and Sediment Control
33. 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.
General
34. Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
35. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
36. he transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to
or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
37. A Registered Professional Engineer of Queensland shall certify engineering drawings and
specifications for all engineering works, which shall be submitted in conjunction with an
application for a Development Permit for Operational Works.
Page 5 of 8
Document Set ID: 24833834
Version: 4, Version Date: 03/06/2026
Page 6
Building Services
38. There is to be no uncontrolled discharge of water onto the slope.
39. Stripping of vegetation for construction purposes should be minimised. If vegetation is
destroyed it should be reinstated immediately after construction is completed.
40. Additional load due to fill, construction equipment or stockpiled materials should not be
located on the dune slope.
41. The use of vibratory equipment of any kind is not permitted to be used, including vibrating
rollers, the use of vibrating installation techniques for sheet piling and other construction
vibrations caused by excavating, earthmoving or demolition machinery or other similar
construction techniques.
42. Boundary wall movement shall be monitored throughout construction by a RPEQ and if
movement occurs construction is to be stopped immediately and appropriate action is to be
taken to arrest the movement. Further work shall only take place after a re-assessment of
the conditions on site.
Environmental Health
43. The developer must provide a suitably external screened imperviously paved area large
enough for all refuse and recycling containers.
44. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or
located in a manner which prevents a noise nuisance beyond the subject land in accordance
with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot
fines apply for such offences.
45. Noise emission from air conditioning equipment shall comply with the following requirements:
45.1. The equipment shall be installed and located in a manner which prevents noise
nuisance beyond the subject land in accordance with the nuisance provisions of the
Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control of
Nuisances. Infringement Notices (on-the-spot fines) may apply for offences.
45.2. Submission of written certification from a suitably qualified person confirming that the
noise levels comply when measured at the nearest residential boundary. This is
required immediately after installation of the equipment and prior to any occupation of
the building, and in a format approved by Council.
45.3. A person must not use equipment on any day if it makes or causes noise to be made
–
45.3.1. Before 7am or after 10pm: More than the lower of either –
• 40 d(B)A
• 3 d(B)A above background noise level
45.3.2. From 7am to 7pm: More than the lower of either –
• 50 d(B)A
• 50 d(B)A above the background noise level
45.3.3. From 7pm to 10pm: More than 3 d(B)A above the background noise level.
Additional Condition – 132004.4552.02 – 1 June 2026
46. For Lot 1, the area labelled ‘utilities’ on the approved ground floor plan must not be converted
for use as habitable floor space or in a way that would result in the area contributing to Gross
Floor Area (GFA) under the applicable planning scheme.
5. REFERRAL AGENCIES
Not applicable.
Page 6 of 8
Document Set ID: 24833834
Version: 4, Version Date: 03/06/2026
Page 7
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
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Building Works All building works
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
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 16 December 2004.
• Decision Notice – Minor – 132004.4552.01 – 11 September 2025, Refused.
• Decision Notice – Minor – 132004.4552.02 – 1 June 2026, with an amendment to condition 1, additional condition 46 and deletion
of condition 5.
Page 7 of 8
Document Set ID: 24833834
Version: 4, Version Date: 03/06/2026
Page 8
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.
Page 8 of 8
Document Set ID: 24833834
Version: 4, Version Date: 03/06/2026
Used in these records
Minor Change Existing Approval - 132004 4552 02 (As Published).pdfRelated documentApplication case desk ↗
About this file
- File size
- 168 KB (small file)
- File type
No other editions are linked here.