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Minor Change to Existing Approval Refusal - 51991.438.01 (As Published)
Officer: Matthew Pinese
Direct Telephone: 07 5329 6245
Our Reference: 51991.438.01
Your Reference: n/a
28 May 2026
Wright Management P/L TTE
C/- Forde Property Commercial
Berrima Professional
43 Sunshine Beach Rd
NOOSA HEADS QLD 4567
[email protected]
Dear Margaret,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 27 February 2026, requesting a minor change to an existing
development approval. Council decided to refuse your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51991.438.01
Street address: Bay Village 28/18 Hastings St, Noosa Heads Qld 4567
Real property description: Lot 28 on SP140844
Planning Scheme: Noosa Plan 2020 (26 September 2025)
2. DECISION DETAILS
In relation to the request to make a minor change to the existing approval, Council on 25 May 2026
decided to refuse the requested changes. Reasons for refusal are detailed below.
3. REASONS FOR REFUSAL
A. Refuse the change based on the following grounds:
1. Condition 8 remains directly relevant to the approved development and is a reasonable and
necessary control to mitigate off-site impacts associated with late-night entertainment uses,
consistent with the purpose and overall outcomes of the Entertainment Activities Code, which
require adverse impacts on surrounding uses to be mitigated and managed.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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2. Removal of Condition 8 would likely result in increased noise, disturbance and anti-social
behaviour, causing adverse amenity impacts on surrounding premises and the Hastings
Street locality, contrary to:
a. PO4, PO11 and PO13 of the Entertainment Activities Code requiring nightclub uses to
avoid noise and disturbance impacts and minimise adverse amenity effects; and
b. Overall Outcome (2)(i) and PO21/PO22 of the Tourist Accommodation Zone Code
requiring development to maintain a high level of amenity and avoid unreasonable
impacts on surrounding premises.
3. Condition 8 provides a clear and enforceable mechanism for managing patron behaviour in
public areas external to the premises, consistent with PO11 of the Entertainment Activities
Code, which requires operational measures (including crowd control and management) to
minimise impacts.
4. Evidence indicates that late-night patron-related incidents persist, particularly between
midnight and 4:00 am, and would likely intensify if the condition were removed, contrary to
PO2 and PO11 of the Entertainment Activities Code, which require uses to be of an
appropriate intensity and effectively managed to avoid adverse impacts.
5. The applicant has not demonstrated that alternative measures would provide an equivalent
or enforceable level of impact management or achieve the approved amenity outcomes, as
required to meet PO11 and PO12 of the Entertainment Activities Code (management of
impacts and hours of operation).
6. The proposed change is contrary to the public interest, as it would increase reliance on
external agencies and diminish safety, amenity and public realm quality, inconsistent with:
a. Overall Outcomes (2)(l), (u) and (z) of the Noosa Heads Local Plan Code, which require
a safe, vibrant, pedestrian-friendly environment with high amenity; and
b. Entertainment Activities Code overall outcomes, which require a safe and secure
environment for patrons and the community.
7. The change is inconsistent with the planning scheme, including:
a. PO2 and PO3 of the Tourist Accommodation Zone Code, requiring non-residential
uses to be compatible with and ancillary to accommodation and not compromise
amenity or the function of the zone;
b. PO2, PO12 and PO14 of the Noosa Heads Local Plan Code, which require
development to contribute to local amenity, maintain Hastings Street as a high-amenity
visitor destination and reinforce its pedestrian-focused character; and
c. PO2 and PO4 of the Entertainment Activities Code, requiring entertainment uses to be
compatible with locality character and avoid adverse impacts.
8. Removing Condition 8 would reduce the ability to manage off-site behavioural impacts,
increase the likelihood of disturbance incompatible with surrounding sensitive uses, and
contribute to cumulative late-night impacts, contrary to Overall Outcomes (2)(c) and PO2 of
the Entertainment Activities Code, which require consideration of cumulative impacts and
suitability of scale and intensity.
9. The change does not demonstrate compliance with Performance Outcomes requiring that:
a. Uses coexist without adverse amenity impacts, contrary to Overall Outcome (2)(i) of
the Tourist Accommodation Zone Code; and
b. Development contributes to and protects local amenity, contrary to PO2 and PO8 of
the Noosa Heads Local Plan Code.
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10. The removal of Condition 8 undermines the proactive and comprehensive management of
operational impacts required by the planning scheme, and is inconsistent with:
a. PO11 of the Entertainment Activities Code, requiring an operational management
framework addressing patron behaviour, crowd control and safety; and
b. PO11 and PO27 of the Noosa Heads Local Plan Code, which seek to maintain a high-
quality, pedestrian-oriented public realm and avoid adverse amenity impacts within the
Hastings Street precinct.
4. REFERRAL AGENCIES
Not applicable.
5. ADVISORY NOTES
Not applicable.
6. 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.
7. 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
Matthew Pinese
Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
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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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Document Set ID: 24824287
Version: 4, Version Date: 28/05/2026
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