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Decision Notice - Approved by Delegation of Authority - RAL26 0015 (As Published) · RAL26/0015
Officer: Matthew Pinese
Direct Telephone: 07 5329 6245
Our Reference: RAL26/0015
Your Reference: 0792
9 September 2026
Franz Enterprises Pty Ltd
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Jack,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 4 September 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: RAL26/0015
Street address: 434 Lake Cooroibah Road, Cooroibah Qld 4565
Real property description: Lot 78 on SP116879
Planning Scheme: Noosa Plan 2020 (Amendment 3 - 20 March 2026)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Reconfiguring a Lot - 1 Lot into 2 Lots & Access Easement
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for compliance assessment.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 9 September 2030,
unless an application to extend the currency period is approved by Council.
Approved Plans
3. 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
LAK08_ECA B Reconfiguration of Lot 434 Lake Cooroibah Road July 2026
Sheet 1 of 1 Cooroibah Lot 78 SP116879, prepared by Pivotal
Perspective
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Plan of Development
5. All future dwellings and wastewater treatment systems on the approved Lot 7 must be sited
and constructed in accordance with the approved building envelopes shown on the Approved
Plans. A copy of the approved Plan of Development must be included in the contract of sale
for the approved lots, together with a clause which requires future dwellings to be constructed
in accordance with it.
6. 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 plan titled Reconfiguration of Lot 434 Lake Cooroibah Road, Cooroibah
Lot 78 SP116879 prepared by Pivotal Perspective and dated July 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 for approval prior to the endorsement of the Plan
of Survey.
Boundary Encroachments
7. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that:
a. the setback/s to any new boundaries for any existing buildings remaining on the site
comply with the relevant provisions of the planning scheme and the Building Act 1975,
unless varied by this Decision Notice;
b. all constructed access and roadworks (including associated fill batters and retaining
walls) are fully contained within a dedicated reserve or registered easement;
c. all utility services and connections (e.g. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement;
d. all existing effluent disposal areas are wholly located within the lot they serve and
comply with the boundary setback requirements of the Plumbing and Drainage Act
2002 and associated codes and requirements;
e. all dams (including ponded water, dam walls and associated spillway structures) are
wholly located within the boundaries of a single lot;
f. all retaining walls and structures are fully contained within the lot they retain;
g. any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties; and
h. for the community title scheme, the road pavement changes required by this Decision
Notice accurately demarcate the boundaries of the public and private land.
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ENVIRONMENTAL
Land Rehabilitation
8. Prior to Plan Seal, a report must be submitted to Council from a qualified person* which
certifies that the development has been constructed in accordance with the Approved
Rehabilitation Management Plan and Land Rehabilitation conditions of this Decision Notice.
9. The land area identified for rehabilitation must be rehabilitated by a suitably qualified person,*
in accordance with the Approved Rehabilitation Management Plan listed with this Decision
Notice.
*(Refer to Advisory Note)
Bushfire Management – Reconfiguration Requirements
10. A clause must be included in the contract of sale for Lot 7 which requires future dwellings to
be constructed within the building envelopes shown on the Approved Plans listed within this
Decision Notice.
11. A copy of the Bushfire Hazard Assessment and Management Plan listed within this Decision
Notice must be provided to the nearest fire authority.
12. Prior to Plan Seal, certification must be submitted to Council from a qualified person* which
certifies that the development has been constructed in accordance with the bushfire
management conditions of this Decision Notice.
Bushfire Management – Future Dwelling Requirements
13. All future dwellings on the approved Lot 7 must be sited within the building envelopes shown
on the Approved Plans.
14. All future dwellings on the approved Lot 7 must be sited and/or constructed in accordance
with section 6 of the Bushfire Hazard Assessment and Management Plan listed within this
Decision Notice.
ENGINEERING
Property Access and Driveways
15. A residential driveway must be constructed off the existing access handle to service
proposed Lot 7.
16. Vehicle access to Lot 7 & 8 is limited to the constructed driveway only. A clause must be
included in the contract of sale for Lots 7 & 8 which requires vehicle access to be from the
constructed driveway only, and which prohibits the driveway from being relocated without
Council agreement.
Stormwater Drainage
17. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Services
18. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
19. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
20. Certification must be submitted to Council from all relevant service providers (Energex and
NBN) which certifies that the development has met the requirements of this Decision Notice
and all applicable legislation at the time of construction.
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Easements
21. An easement for the purpose of access and services must be registered against the titles of
the properties in favour of proposed Lot 7. The easement must be sized to provide Lot 7 with
vehicle access and include areas required for vehicle manoeuvring.
22. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
23. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
24. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
25. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
26. 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.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
LAK08 A Basic Ecological Site Assessment prepared by Urban Forest May 2026
Concepts
LAK08 A Rehabilitation Management Plan prepared by Urban Forest May 2026
Concepts
J001445 2 Bushfire Hazard Assessment and Management Plan prepared 8 May 2026
by North Coast Environmental Services
6. REFERRAL AGENCIES
Not applicable.
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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-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
Qualified Person
2. For the purpose of preparing a Rehabilitation Plan, and for preparing reporting of compliance
with Land rehabilitation requirements of this Decision Notice, a qualified person is considered
to be a landscape architect or ecologist with a minimum of 3 years current experience in the
field of landscape design and land rehabilitation.
3. For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
with the bushfire requirements of this Decision Notice, a qualified person is considered to be
an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
and management.
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Plan Sealing
5. All works required by this permit must be completed and accepted by Council prior to
submitting an application for plan sealing.
Biosecurity Act 2014 – Fire Ant Control
6. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls.
8. PROPERTY NOTES
RAL26/0015 – Ecological Preservation
1. The following notation applies to approved Lot 7:
To ensure the protection of vegetation on this lot, any dwelling on this lot is required by
Council Approval RAL26/0015 to be constructed within the building envelope nominated on
the approved Lot Reconfiguration proposal plan (see Council file reference RAL26/0015).
RAL26/0015 – Bushfire Management
2. The following notation applies to approved Lot 7:
To ensure the safety of people and property on this property is maintained, all buildings and
structures must be sited and constructed in accordance with the bushfire management
conditions of Council Approval RAL26/0015.
9. VARIATION APPROVAL DETAILS
Not applicable.
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10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
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.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. 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
Infrastructure Charge Notice
Approved Plans/Documents
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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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