Council archive · source document
Decision Notice - Approved by Delegation of Authority RAL25 0004 (As Published) · RAL25/0004
Officer: Georgina Schramm
Direct Telephone: 07 5329 6245
Our Reference: RAL25/0004
Your Reference: 100988
4 June 2025
Noosa Shire Council
C/- Murray & Associates (Qld) Pty Ltd
PO Box 246
NAMBOUR QLD 4560
[email protected]
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 30 May 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: RAL25/0004
Street address: 62 Lake Macdonald Dr, Cooroy Qld 4563
Real property description: Lot 105 SP 118458
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Reconfiguring a Lot – 1 Lot into 6 Lots (including drainage and
park)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
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 9
Document Set ID: 23781316
Version: 0, Version Date: 01/01/1900
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 8 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 30 May 2029, 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
100988 E Proposed Subdivision of Lot 105 SP118458 17/02/25
prepared by Murray & Associates Pty Ltd
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Boundary Encroachments
5. 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 (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement
d. all retaining walls and structures are fully contained within the lot they retain
e. any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties
Water & Sewer Connections
6. An underground connection to reticulated water and sewerage must be provided to each lot
in accordance with the standards and requirements of Northern SEQ Distributor–Retailer
Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to each lot.
Landscaping Works
7. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. 5m and 10m wide landscaped buffers as shown on the Approved Plan of Subdivision.
b. Provision of 1 street tree within the road reserve for every 8 metres of new road.
c. Buffer plantings to the landscape open space link that provides access to Lot 100.
d. Vegetated landscape planting of the Lot 101 (Park).
e. A 2m landscape buffer to be provided along the eastern boundary of proposed Lot 100,
except where adjoining the road link between proposed Lots 1 and 2.
Page 2 of 9
Document Set ID: 23781316
Version: 0, Version Date: 01/01/1900
Page 3
f. planting works to the median strip that do not interfere with driver sight lines both while
plants are growing and when they are fully grown.
g. removal of all weeds species listed in the following standards and legislation:
i. declared plants under the Land Protection (Biodiversity Act 2016 and sub-
ordinate Regulation 2016).
ii. The Noosa Biosecurity Plan 2020
8. All landscape works must be established and maintained in accordance with horticultural
best practice with construction techniques that allow for healthy, sustained and vigorous plant
growth. All plant material must be allowed to grow to full form.
Estate Entrance Feature
9. Any proposed estate entrance feature must:
a. reflect a subdued local character, rather than an overbearing or contrived statement
b. comprise feature vegetation (either existing or planted) in preference to built forms
c. integrate with the landscape design of the balance of the estate
d. be constructed of durable and low maintenance materials
e. be treated with a graffiti resistant coating
f. not restrict pedestrian access
Any estate entrance works must be undertaken in accordance with an Operational Works
approval.
Land Rehabilitation
10. A vegetation protection covenant must be registered over the land area within Lot 3, identified
as “10m Buffer” pursuant to Section 97A of the Land Title Act 1994. The covenant document
and a survey plan must be submitted to Council for endorsement prior to lodgement with the
relevant titles authority for registration of title. The covenant document must:
a. incorporate the requirements of this Decision Notice
b. include Noosa Council as Covenantee.
c. reference Queensland Land Title Registry Standard Terms Document No. 715597513
11. If a provision included in the covenant document is requisitioned or refused registration by
the relevant titles authority, a substitute provision must be included in the document which
as nearly as practicable addresses the objective sought by the requisitioned or refused
provision. The wording of the substitute provision must be agreed by Council.
Fauna Management
12. Vegetation must only be removed or disturbed in accordance with a Fauna Management
Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
Works approval.
*(Refer to Advisory Note)
External Works
13. The frontages of the subject site to Lake Macdonald Drive and Dianella Court and the
intersection of Lake Macdonald Drive and Dianella Court must be upgraded. The works must
be undertaken in accordance with an Operational Works approval and must be generally in
accordance with drawings numbered 233467 - C003 – Revision C, 233467 – C010 –
Revision C, 233467 – C250 – Revision C, 233467 – C251 – Revision C and 233467 – C252
– Revision C prepared by COVEY dated 14 March 2025. The works must include but not be
limited to:
a. construction of kerb and channelling and underground stormwater drainage;
Page 3 of 9
Document Set ID: 23781316
Version: 0, Version Date: 01/01/1900
Page 4
b. widening and sealing of the existing road pavement;
c. line marking;
d. construction of a pedestrian footpaths;
e. removal of the existing redundant infrastructure and reinstatement of the kerb, footpath
and verge area to match the balance of the site frontage, including the provision of
topsoil and turf where the existing verge is grassed;
f. truncation of the existing property boundary at the intersection of Lake Macdonald
Drive and Dianella Court;
g. installation of street lighting.
Condition 13 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
New Roads
14. The new road shown on the Approved Plans must be constructed in accordance with the
conditions of this Decision Notice and dedicated as road reserve.
15. Formalised access must be provided to Lot 100 as part of any subsequent development of
Lot 100.
16. The works must be undertaken in accordance with an Operational Works approval and must
be generally in accordance with drawings numbered 233467 - C003 – Revision C, 233467 –
C010 – Revision C, 233467 – C240 – Revision C, 233467 – C241 – Revision C, 233467 –
C242 – Revision C and 233467 – C243 – Revision C prepared by COVEY dated 14 March
2025.
Condition 16 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Pedestrian and Bicycle Facilities
17. Pedestrian facilities must be provided for the development. The works must be undertaken
in accordance with an Operational Works approval and must include in particular the
footpaths shown on the approved plans.
Condition 17 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Drainage
18. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works approval
and must be generally in accordance with drawing number 233467 – C010 – Revision C.
Condition 18 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Services
19. Underground reticulated electricity and telecommunication services must be provided to
each lot in accordance with an approval for Operational Works and the standards and
requirements of the relevant service provider.
20. 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.
21. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Page 4 of 9
Document Set ID: 23781316
Version: 0, Version Date: 01/01/1900
Page 5
Easements
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.
Site Remediation
25. Prior to Plan Seal, the lots must be suitably remediated in accordance with the Detailed Site
Contamination Investigation prepared By Environmental Advisors dated 12/06/2024. The
remediation works must be supervised by a suitably qualified person and certified prior to
any future uses commencing upon any allotment subject to this application.
Earthworks and Retaining Walls
26. All earthworks and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written permission from
the respective landowner(s) is provided to Council.
Damage to Services and Assets
27. 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
233467-C003 C Development Layout Plan prepared by Covey 14 March 2024
233467-C010 C Roadworks & Drainage Plan prepared by Covey 14 March 2024
233467-C241 C Road 1 Detail Plan – Sheet 2 prepared by Covey 14 March 2024
233467-C242 C Road 1 Detail Plan – Sheet 3 prepared by Covey 14 March 2024
233467-C243 C Road 1 Detail Plan – Sheet 4 prepared by Covey 14 March 2024
12062024 0 Detailed Site Contamination Investigation prepared 12 June 2024
by Environmental Advisors
6. REFERRAL AGENCIES
Not applicable.
Page 5 of 9
Document Set ID: 23781316
Version: 0, Version Date: 01/01/1900
Page 6
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit for Operational
Works where it is required. Council will not be able to issue a Decision Notice without receipt
of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
2. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
3. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase including:
iii. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction.
iv. maintenance of safe pedestrian and vehicle access for the areas affected by the
works during and after daily construction has ceased.
v. proposed fencing to the site during the construction phase of the development.
vi. approval of the Traffic Management Control Plan by the Department of Transport
and Main Roads (DTMR) for any works on State controlled roads.
vii. provision for worker car parking.
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic, services and other relevant issues
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details.
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details.
g. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
h. details on the location of external fill/dump sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any damage
to the existing road system as a result of haulage operations shall be fully repaired at
the applicant’s expense
Page 6 of 9
Document Set ID: 23781316
Version: 0, Version Date: 01/01/1900
Page 7
i. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
Qualified Person
4. For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
landscape architect, landscape designer or horticulturist with a minimum of 3 years current
experience in the field of landscape design.
For the purpose of preparing a Fauna Management Plan, a qualified person is considered to
be an ecologist with a minimum of 3 years current experience in the field of fauna assessment
and management.
Road & Parks Names
5. Where development creates a new road or park, developers are required to submit a Road
Naming Application to Council for assessment and approval of road names before a plan for
subdivision is lodged for plan seal. Three proposed names in order of preference are required
for each road. Applications from developers will only be accepted on the Road Naming
application form
For full details of Council's policy, please read the Naming of Roads, Parks, Community
Infrastructure and Street Numbering Policy.
Advertising Devices
6. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Infrastructure Charges
7. 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
RAL25/0004 – Vegetation Protection Covenant
1. The following notation applies to approved Lot 3:
A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to occur
within the covenanted area, except where in accordance with the terms of the covenant.
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 Operational Works Road work, Stormwater, Drainage work,
Earthworks, Landscaping, Street Lighting,
Electrical Supply, Vegetation Clearing.
11. SUBMISSIONS
Not applicable.
Page 7 of 9
Document Set ID: 23781316
Version: 0, Version Date: 01/01/1900
Page 8
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,
Georgina Schramm
Senior Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Reference Documents
Page 8 of 9
Document Set ID: 23781316
Version: 0, Version Date: 01/01/1900
Page 9
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 9 of 9
Document Set ID: 23781316
Version: 0, Version Date: 01/01/1900
Used in these records
Decision Notice - Approved by Delegation of Authority RAL25 0004 (As Published).pdfRelated documentApplication case desk ↗
About this file
- File size
- 164 KB (small file)
- File type
No other editions are linked here.