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New Decision Notice Tribunal decision - MCU25 0060 (As Published) · MCU25/0060
Officer: Georgina Schramm
Direct Telephone: 07 5329 6245
Our Reference: MCU25/0060
Your Reference: 0718
Tribunal Reference: Appeal Number 26-003
29 April 2026
KM Collum & J Collum
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
New Decision Notice
Planning Act 2016
I refer to your application and advise that on 27 April 2026, Council decided to approve the
application and issue a new development approval subject to conditions. This decision is made
pursuant to the Development Tribunal decision and order dated 10 April 2026.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU25/0060
Street address: Noosa Dunes 22/512 David Low Way, Castaways Beach Qld 4567
Real property description: Lot 22 SP 111721
Planning Scheme: Noosa Plan 2020 (25 September 2020)
Plan of Development No.65
2. DECISION DETAILS - TRIBUNAL
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use – Dwelling House
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 conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Plans and Documents
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan Rev. Plan/Document Name Date
No.
020.00 G Look and feel prepared by Shaun Lockyer Architects 12.11.2025
100 H Site existing prepared by Shaun Lockyer Architects 12.11.2025
100.01 G Site prepared by Shaun Lockyer Architects 12.11.2025
100.10 H Site existing prepared by Shaun Lockyer Architects 12.11.2025
100.30 B Overlooking analyses 01 prepared by Shaun Lockyer 12.11.2025
Architects
200.00 H Floor plans/ lower ground floor plan prepared by Shaun 12.11.2025
Lockyer Architects
200.01 H Floor plans/ ground floor plan prepared by Shaun 12.11.2025
Lockyer Architects
200.02 H Floor plans/ first floor plan prepared by Shaun Lockyer 12.11.2025
Architects
210.00 H Floor plans/ roof plan prepared by Shaun Lockyer 12.11.2025
Architects
300.00 H Elevations prepared by Shaun Lockyer Architects 12.11.2025
300.01 H Elevations prepared by Shaun Lockyer Architects 12.11.2025
300.02 H Elevations prepared by Shaun Lockyer Architects 12.11.2025
300.03 G Elevations prepared by Shaun Lockyer Architects 12.11.2025
300.04 H Elevations prepared by Shaun Lockyer Architects 12.11.2025
310.00 D Sections Northern boundary elevations prepared by 12.11.2025
Shaun Lockyer Architects
310.01 E Sections Southern boundary elevations prepared by 12.11.2025
Shaun Lockyer Architects
400.00 H Section 01 prepared by Shaun Lockyer Architects 12.11.2025
400.01 H Section 02 prepared by Shaun Lockyer Architects 12.11.2025
400.02 G Section 03 prepared by Shaun Lockyer Architects 12.11.2025
400.03 G Section 04 prepared by Shaun Lockyer Architects 12.11.2025
400.04 H Section 05 prepared by Shaun Lockyer Architects 12.11.2025
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400.05 H Section 06 prepared by Shaun Lockyer Architects 12.11.2025
400.06 H Section 07 prepared by Shaun Lockyer Architects 12.11.2025
400.07 F Section 08 prepared by Shaun Lockyer Architects 12.11.2025
Currency Period
3. This development approval lapses if the use has not happened by 16 April 2032, unless an
application to extend the currency period is approved by Council.
Building Height
4. The maximum height of the development must not exceed 8 metres above ground level.
5. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
6. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building Works. The cash bond or trading bank guarantee
will be returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right to call
upon the bond or guaranteed sum to effect compliance with conditions.
POD
7. All building works must be wholly contained within the building envelope applying to the site.
8. The developer is to undertake construction practices that prevent damage and destruction
of vegetation outside the building envelope. To this end, the building envelope is to be
delineated by tape or other means to limit encroachment by builders into the protected area.
Coastal Protection
9. External colours and finishes of the building must comprise of muted/environmental tones
that blend with the natural environment.
Coastal Protection
10. All lighting must be positioned and managed to reduce sky glow and light spill onto the beach
to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings. The following
must be undertaken:
a. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
must have 15% visible light transmittance tinting.
b. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
must be fitted with opaque blinds, to be drawn from 8pm during turtle nesting and
hatching season (October – May).
c. All outdoor lights must have a maximum of 2700 K correlated colour temperature
(CCT). All indoor lights must have a maximum of 3000 K CCT. All lighting (interior and
exterior) must avoid the use of halogen, metal halide, or fluorescent lights.
d. Amber LED (590-610 nm) or low pressure sodium lighting must be used as a standard.
Warm white is to be used only where colour rendition is required. LED lights must not
contain short wavelength blue light and supplier should be asked to provide spectral
power curve of requested LEDs to prove the absence of short wavelengths.
e. The number and wattage of lights must be minimised.
f. All lights must be recessed into structures and roof, and directed away from the turtle
nesting habitat.
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g. No lighting is permitted on the roof of the building.
h. All outdoor lights, including balcony lights, must be turned off between 8:00pm and
sunrise during turtle nesting and hatching season (October – May).
i. External feature lighting to the building must be positioned below 8 metres in height
and turned off between 8:00 pm and sunrise during turtle nesting and hatching season
(October – May).
j. No upward lights or vertical illumination of the building, vegetation or other structures
using lighting that shines into the sky to be used.
Pedestrian Access
11. Gates must not be installed along the eastern property boundary to gain direct access to the
beachfront.
LANDSCAPE AND ECOLOGY CONDITIONS
Landscaping
12. Existing vegetation on the site must be retained within the ‘Natural Vegetation in Lots to
remain untouched’ area as shown on the POD (with the exception of the access driveway
and any other approved building works within the front setback). In this regard when
excavating earthworks batters must not extend into the ‘Natural Vegetation in Lots to remain
untouched’ area. These areas are to be further landscaped in accordance with Landscaping
PSP2 and the conditions of this approval. Turf cannot replace existing vegetation.
13. All landscape works must be established and maintained in accordance with the approved
design and conditions detailed in this decision notice for the life of the development, and in
a manner that ensures healthy, sustained and vigorous plant growth. All plant material must
be allowed to grow to full form and be refurbished when its life expectancy is reached.
Retention of Existing Trees and Vegetation
14. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
Removal of Existing Trees and Vegetation
15. All tree and vegetation removal works must be undertaken by a qualified person*.
a. Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
Fauna Management
16. Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas, possums, birds
etc.) If wildlife is present, the tree/vegetation must not be felled or pruned until the wildlife
has left vegetation or has been relocated by a qualified fauna spotter catcher.
*(Refer to Advisory Note)
Rehabilitation after Vegetation Clearing
17. Rehabilitation of any cleared areas within the ‘Natural Vegetation in Lots to remain
untouched’ area as shown on the POD (with the exception of the access driveway and any
other approved building works within the front setback) must:
a) Be undertaken prior to the commencement of use.
b) Result in the area being stable and landscaped.
c) Be established with landscaping works undertaken by a qualified person*.
d) Be revegetated in accordance with the Noosa Plan 2020 - PSP2 Landscaping.
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e) Be revegetated with a species mix and density reflective of the local variant of the
Regional Ecosystem, site specific conditions and infrastructure requirements.
f) Turf cannot replace existing vegetation.
*(Refer to Advisory Note)
18. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
ENGINEERING
Property Access and Driveways
19. A residential driveway must be constructed to the subject site.
Stormwater Drainage
20. Stormwater runoff from the development must be disposed of without causing scour or
damage to the subject site or any adjoining property. On-site disposal must be undertaken
in accordance with the recommendations of a site-specific geotechnical report and endorsed
through a Building Permit.
Easements
21. 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.
22. 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.
23. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
24. All works must be carried out in accordance with Tectonic’s Proposed Residential
Development (25038-001) dated 25 August 2025 and endorsed through the building permit.
(*) Refer to Advisory Note
25. Certification must be submitted to the private building certifier from a qualified person* which
certifies that the development has been constructed in accordance with the
recommendations contained in Tectonic’s Proposed Residential Development (25038-001)
dated 25 August 2025 and that the development has a minimum factor of safety against
landslip of 1.5 in the long term.
(*) Refer to Advisory Note
Earthworks and Retaining Walls
26. All earthworks and associated retaining structures/batters, 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.
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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
25038 001 Proposed Residential Development 25 August 2025
Prepared by Tectonic
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Referral agency State Assessment Schedule 10, Part 4, The agency provided its
Referral Agency Division 3, Table 1, Item response on 16 July
Level 4, Foundation 1 (Planning Regulation 2025. (Reference No.
Place 3 South Sea 2017) 2506-46614 SRA). A
Islander Way, copy of the response is
Maroochydore PO Box attached.
1129, Maroochydore
QLD 4558
7. 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.
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8. 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,
Nadine Gorton
Coordinator Planning | Development Assessment
Development & Regulation
Enc: Appeal Rights
Referral Agency Response
cc. SARA at DILGP - [email protected]
Development Tribunals - [email protected]
DECISION NOTICE HISTORY
• Original Decision Notice – 8 December 2025.
• Tribunal Decision – 10 April 2026.
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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2506-46614 SRA SARA role: Referral agency SARA trigger: Schedule 10, Part 4, Division 3, Table 1, Item 1 (Planning Regulation 2017) Premises contaminated because of unexploded ordinance SARA reference: 2506-46614 SRA Assessment manager: Noosa Shire Council Street address: 512 David Low Way, Castaways Beach Real property description: Lot 22 on SP111721 Applicant name: KM Collum & J Collum C/- Pivotal Perspective Pty Ltd Applicant contact details: 4/59 Mary St Noosaville QLD 4566 [email protected] Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under considerations: the Human Rights Act 2019 has been undertaken as part of this decision. It has been determined that this decision does not limit human rights. Representations An applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules). Copies of the relevant provisions are in Attachment 4. A copy of this response has been sent to the applicant for their information. For further information please contact Rosanna Nobile, Planning Officer, on (07) 5352 9777 or via email [email protected] who will be pleased to assist. Yours sincerely | Jamaica Hewston Manager co KM Collum & J Collum C/- Pivotal Perspective Pty Ltd, [email protected] Attachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations about a referral agency response provisions State Assessment and Referral Agency Page 2 of 5 Document Set ID: 24685347 Page 9 of 13 Version: 4, Version Date: 29/04/2026
Page 10
2506-46614 SRA
Attachment 1—Referral agency conditions
approval relating to this application)
No. | Conditions Condition timing
Development Permit: Material change of use
10.4.3.1.1 — Contaminated land (unexploded ordnance) —The chief executive administering the
Planning Act 2016 nominates the Director-General of the Department of State Development,
Infrastructure and Planning to be the enforcement authority for the development to which this
development approval relates for the administration and enforcement of any matter relating to the
following condition:
1. Provide certification to the Department of State Development, Prior to the
Infrastructure and Planning at [email protected] commencement of
by an approved contractor on the Australian Government, works
Department of Defence, Unexploded Ordnance (UXO) Panel that
the:
(a) subject site has been remediated and cleared of unexploded
ordnances; or
(b) proposed use can be suitably managed on the site.
State Assessment and Referral Agency Page 3.065
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2506-46614 SRA Attachment 2—Advice to the applicant General advice 1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation or the State Development Assessment Provisions (SDAP) (version 3.2). If a word remains undefined it has its ordinary meaning. Provide the owner, occupier and any person employed to work on the subject site the following information: (a) Residual UXO may still exist following remediation and all work should proceed with due caution. (b) The procedure to be followed by any person finding an object suspected of being explosive ordnance or component thereof: i. advise the police immediately ii do not disturb the object iii. take action, where appropriate, to prevent it being disturbed by (c) Another person: i note its approximate dimensions and general appearance i. Note the route to its location. Applicants wanting to find out more details of area management advice (AMA), current UXO investigations and remedial search contractors, may use the following websites: « Department of Environment, Tourism, Science and Innovation - https:/www_des.qid.gov_au/ « Commonwealth Department of Defence - httpJ//www.defence.gov.au/uxo! State Assessment and Referral Agency Page 4065 Document Set ID: 24685347 Version: 4, Version Date: 29/04/2026 Page 11 of 13
Page 12
2506-46614 SRA
Attachment 3 —Reasons for referral agency response
(Geen under section 56{7) of the Planning Act 2076)
The reasons for the SARA's decision are:
* The proposal is for a development permit for a material change of use for dwelling house at 22/512
David Low Way, Castaways Beach, which is formally described as Lot 22 on SP111721.
« The subject site is located in an area with substantial unexploded ordnance potential.
* SARA assessed the development application against State code 13: Unexploded ordnance of the
State Development Assessment Provisions (SDAP). version 3.2.
* The development has been conditioned to comply with the assessment bench marks of State code
13 of SDAP (version 3.2) in that the development:
0 does not place another part of the environment, or human health, at risk as a consequence of
development.
Material used in the assessment of the application:
* the development application material and submitted plans
« Planning Act 2016
e Planning Regulation 2017
« the SDAP (version 3.2), as published by SARA
* the Development Assessment Rules
* SARA DA Mapping system
* section 58 of the Human Rights Act 2019
Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)
State Assessment and Referral Agency Page 50f5
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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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