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Decision Notice - Approved by Delegation of Authority - RAL26 0015 (As Published) · RAL26/0015

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                                                                                        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
                                                                                                                 Page 1 of 7
Document Set ID: 25151680
Version: 3, Version Date: 09/09/2026
Full text of the other 6 pages

Page 2

                      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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Document Set ID: 25151680
Version: 3, Version Date: 09/09/2026

Page 3

               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.




                                                                                                          Page 3 of 7
Document Set ID: 25151680
Version: 3, Version Date: 09/09/2026

Page 4

                      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.




                                                                                                       Page 4 of 7
Document Set ID: 25151680
Version: 3, Version Date: 09/09/2026

Page 5

               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.




                                                                                                        Page 5 of 7
Document Set ID: 25151680
Version: 3, Version Date: 09/09/2026

Page 6

               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




                                                                                                      Page 6 of 7
Document Set ID: 25151680
Version: 3, Version Date: 09/09/2026

Page 7

                                                                              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 7 of 7
Document Set ID: 25151680
Version: 3, Version Date: 09/09/2026

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