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Minor Change Existing Approval 51901 4560 01.pdf
Officer: Cameron Smith
Direct Telephone: 5329 6178
Our Reference: 51901.4560.01
Your Reference: 25030
28 August 2025
M Dargie
C/- Town Planning Strategies
PO Box 800
HAMILTON CENTRAL QLD 4007
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 6 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: 51901.4560.01
Street address: ‘Pandanus Cove’ 5/3 Mitti St Noosa Heads
Real property description: Lot 5 BUP 2003
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 28 September 1973.
• Town Planning Consent – Multiple Dwelling (5 Units).
In relation to the request to make a minor change to the existing approval, Council on 27 August
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional conditions 10, 11 and 12.
3. CURRENCY PERIOD OF APPROVAL
Not applicable.
4. ASSESSMENT MANAGER CONDITIONS
1. Provision on-site of one additional care parking space for visitors.
2. Provision of a bitumen or concrete surfaced driveway to the car parks from the edge of Mitti
Street.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Document Set ID: 24062661
Version: 3, Version Date: 28/08/2025
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97 NOOSA
a
& Council
Officer: Cameron Smith
Direct Telephone: 5329 6178
Our Reference: 51901.4560.01
Your Reference: 25030
28 August 2025
M Dargie
C/- Town Planning Strategies
PO Box 800
HAMILTON CENTRAL QLD 4007
[email protected]
Dear Sir/Madam,
Decision Notice — Minor Change
Planning Act 2016
| refer to your application received on 6 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: 51901.4560.01
Street address: ‘Pandanus Cove’ 5/3 Mitti St Noosa Heads
Real property description: Lot 5 BUP 2003
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 28 September 1973.
e Town Planning Consent — Multiple Dwelling (5 Units).
In relation to the request to make a minor change to the existing approval, Council on 27 August
2025, decided to approve the requested changes. The changes are detailed below.
A. — Approve the change.
B. Include additional conditions 10, 11 and 12.
3. CURRENCY PERIOD OF APPROVAL
Not applicable.
4. ASSESSMENT MANAGER CONDITIONS
1. Provision on-site of one additional care parking space for visitors.
2. Provision of a bitumen or concrete surfaced driveway to the car parks from the edge of Mitti
Street.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 4
Document Set ID: 24062661
Version: 3, Version Date: 28/08/2025
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Page 2
3. Minimal disturbance to natural flora.
4. Connection to the sewerage at the applicant’s expense.
5. Disposal of stormwater to the street.
6. Submission of detail plans to the Building Inspector’s requirements.
7. This approval is for Town Planning purposes only and must not be taken to imply the issue
of a Building Permit.
8. This approval to lapse if not substantially availed to within twelve (12) months.
9. A Certificate of Alignment to be submitted together with the application for a building permit
and/or and Identification Survey to be carried out.
Additional Conditions – 27 August 2025 – 51901.4560.01
Approved Plans
10. 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
1350-04 03 Current Floor Plan 10.07.2025
Prepared by Queensland Lifestyle Designs
1350-06 03 Elevation Sheet 02 10.07.2025
Prepared by Queensland Lifestyle Designs
Building Appearance
11. 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.
Nature and Extent of the Approved Use
12. All clauses and by-laws of the proposed/existing Community Management Statement
(including, exclusive use areas relating to this permit) must accord with the requirements of
this Decision Notice.
5. REASONS FOR APPROVAL
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
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
8. PROPERTY NOTES
Not applicable.
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Minimal disturbance to natural flora.
Connection to the sewerage at the applicant’s expense.
Disposal of stormwater to the street.
Submission of detail plans to the Building Inspector’s requirements.
NQaPr w
This approval is for Town Planning purposes only and must not be taken to imply the issue
of a Building Permit.
This approval to lapse if not substantially availed to within twelve (12) months.
A Certificate of Alignment to be submitted together with the application for a building permit
and/or and Identification Survey to be carried out.
Additional Conditions — 27 August 2025 — 51901.4560.01
Approved Plans
10. 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
1350-04 03 Current Floor Plan 10.07.2025
Prepared by Queensland Lifestyle Designs
1350-06 03 Elevation Sheet 02 10.07.2025
Prepared by Queensland Lifestyle Designs
Building Appearance
11. 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.
Nature and Extent of the Approved Use
12. All clauses and by-laws of the proposed/existing Community Management Statement
(including, exclusive use areas relating to this permit) must accord with the requirements of
this Decision Notice.
5. REASONS FOR APPROVAL
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
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.qid.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
8. PROPERTY NOTES
Not applicable.
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Page 3
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All Building Works (including demolition works).
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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Cameron Smith
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 51901.4560 (TPC340)
• Decision Notice - Minor Change – 51901.4560.01 – 27 August 2025, with additional conditions 10, 11 & 12.
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9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All Building Works (including demolition works).
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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
mee
Cameron Smith
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
e Original Decision Notice — 51901.4560 (TPC340)
e Decision Notice - Minor Change — 51901.4560.01 — 27 August 2025, with additional conditions 10, 11 & 12.
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Page 4
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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PLANNING ACT 2016 & PLANNING REGULATION 2017
wd NOOSA Appeal Rights
ar
Council
Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1) Schedule 1 of the Planning Act 2016 states —
(a) Matters that may be appealed to —
(i) either a tribunal or the P&E Court; or
(ii) only a tribunal; or
(iii) only the P&E Court; and
(b) The person-
(i) who may appeal a matter (the appellant); and
(ii) who is a respondent in an appeal of the matter; and
(iii) who is a co-respondent in an appeal of the matter; and
(
iv}
who may elect to be a co-respondent in an appeal of the
matter.
(2) An appellant may start an appeal within the appeal period.
(3) The appeal period is —
(a) for an appeal by a building advisory agency — 10 business
days after a decision notice for the decision is given to the
agency; or
(b) for an appeal against a deemed refusal — at any time after the
deemed refusal happens; or
(c) for an appeal against a decision of the Minister, under chapter
7, part 4, to register premises or to renew the registration of
premises — 20 business days after a notice us published under
section 269(3)(a) or (4); or
(d) for an appeal against an infrastructure charges notice — 20
business days after the infrastructure charges notice is given
to the person; or
(e) for an appeal about a deemed approval of a development
application for which a decision notice has not been given —
30 business days after the applicant gives the deemed
approval notice to the assessment manager; or
(f) for any other appeal — 20 business days after a notice of the
decision for the matter, including an enforcement notice, is
given to the person.
Note —
See the P&E Court Act for the court's power to extend the appeal
period.
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal.
(5) If an appeal is only about a referral agency's response, the
assessment manager may apply to the tribunal or P&E Court to
withdraw from the appeal.
(6) To remove any doubt. It is declared that an appeal against an
infrastructure charges notice must not be about-
(a) the adopted charge itself; or
(b) for a decision about an offset or refund-
(i) the establishment cost of trunk infrastructure identified in
aLGIP; or
(ii) the cost of infrastructure decided using the method
included in the local government's charges resolution.
230 Notice of appeal
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that-
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee.
Document Set ID: 24062661
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(3)
(4)
(5)
(6)
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 —
(a) the respondent for the appeal; and
(b) each co-respondent for the appeal; and
(c) for an appeal about a development application under schedule
1, table 1, item 1 - each principal submitter for the
development application; and
(d) for and appeal about a change application under schedule 1,
table 1, item 2 - each principal submitter for the change
application; and
(e) each person who may elect to become a co-respondent for the
appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(f) for an appeal to the P&E Court — the chief executive; and
(g) for an appeal to a tribunal under another Act — any other
person who the registrar considers appropriate.
The service period is —
(a) if a submitter or advice agency started the appeal in the P&E
Court — 2 business days after the appeal has started; or
(b) otherwise — 10 business days after the appeal is started.
A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (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
appeal is given to the person.
231 Other appeals
(1)
(2)
(3)
(4)
Subject to this chapter, schedule 1 and the P&E Court Act, unless
the Supreme Court decides a decision or other matter under this
Act is affected by jurisdictional error, the decision or matter is non-
appealable.
The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.
A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 in relation to the
decision or matter, may apply under part 4 of that Act for a
statement of reasons in relation to the decision or matter.
In this section —
decision includes-
(a) conduct engaged in for the purpose of making a decision; and
(b) other conduct that relates to the making of a decision; and
(c) the making of a decision or failure to make a decision; and
(d) a purported decision; and
(e) adeemed refusal.
non-appealable, for a decision or matter, means the decision or
matter-
(a) is final and conclusive; and
(b) may not be challenged, appealed against, reviewed, quashed,
set aside or called into question in any other way under the
Judicial Review Act 1991 or otherwise, whether by the
Supreme Court, another court, a tribunal or another entity; and
(c) is not subject to any declaratory, injunctive or other order of
the Supreme Court, another court, a tribunal or another entity
on any ground.
232 Rules of the P&E Court
(1)
(2)
A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
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
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