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Decision Notice - Approved by Delegation of Authority - RAL26 0002 (As Published)

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                                                                                          Officer:            Matthew Pinese
                                                                                          Direct Telephone:   07 5329 6245
                                                                                          Our Reference:      RAL26/0002
                                                                                          Your Reference:     26017

               25 March 2026


               Ms VE Chandler
               C/- Project Urban
               PO Box 6380
               MAROOCHYDORE QLD 4558
               [email protected]



               Dear Scott,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 24 March 2026, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              RAL26/0002

                   Street address:              49 Overlander Avenue, Cooroy Qld 4563

                   Real property description:   Lot 57 on RP180653

                   Planning Scheme:             Noosa Plan 2020 (Amendment 2 - 26 September 2025)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for a Reconfiguring a Lot (1 lot into 2 lots)
               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.
                       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 25 March 2030,
                       unless an application to extend the currency period is approved by Council.


               ABN 97.969.214.121                                                                       PO Box 141
               noosa.qld.gov.au                                                                  Tewantin QLD 4565
               [email protected]                                                                  07 5329 6500
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Version: 5, Version Date: 25/03/2026
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Page 2

                      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

                        26017-01        -     Proposed Subdivision creating lots 1&2                  04/02/2026
                                              Cancelling Lot 77 on RP180653
                                              49 Overlander Avenue, Cooroy prepared by Project
                                              Urban

               4.     All lot numbering on the subdivision plan to be submitted to Council for compliance
                      assessment must remain as shown on the Approved Plans.
                      Site Access and Driveways
               5.     A sealed access driveway must be provided from Overland Ave to all parking and
                      manoeuvring areas of the development. The works must be undertaken in accordance with
                      an Operational Works approval and must include in particular:
                      a.      a driveway crossover in accordance with Council standard drawings RS-049 and RS-
                              050.
                      and
                      b.      a sealed driveway 3 metres wide for the full length of the access handle, including
                              underground service conduits for all utility services.
                      Stormwater Drainage
               6.     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. Condition 6. is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
                      infrastructure.
                      Services
               7.     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.
               8.     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.
               9.     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.
                      Easements
               10.    A 4.5m wide easement for access purposes must be registered over the proposed easement
                      identified on the Approved Plans.
               11.    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.
               12.    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.




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               13.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Damage to Services and Assets
               14.    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.
                      Boundary Encroachments
               15.    Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
                      certifies that 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.
                      Landscaping
               16.    Existing vegetation in the road reserve must be retained, unless written authorisation from
                      Council is granted for the clearing.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Referral Status        Referral Agency and Referral Trigger                 Response
                                       Address

                Concurrence            SARA at DILGP Via         10.9.4.2.1.1 –             The agency provided its
                                       MyDAS2 at                 Reconfiguring a lot near   response on 13 March
                                       https://prod2.dev-        a state transport          2026 (Reference No.
                                       assess.qld.gov.au/suite   corridor                   67810247). A copy of
                                       / (for assistance,                                   the response is
                                       contact DILGP at 5352                                attached
                                       9701 or email:
                                       [email protected]




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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
                      Building and Construction Industry (Portable Long Service Leave) Levy
               2.     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.
                      Co-ordination of Operational Works Assessment
               3.     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
               4.     A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a)      appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                              Devices (MUTCD)
                      b)      provision for safe pedestrian access across the frontage of the site both during daily
                              construction and after daily construction has ceased.
               8.     PROPERTY NOTES

               Not applicable.
               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          Driveway and Crossover Works

               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.




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               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
                      Referral Agency Response
                      Infrastructure Charge Notice
                      Approved Plans/Documents
               cc.    SARA at DILGP
                      Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
                      (for assistance, contact DILGP at 5352 9701 or email: [email protected])




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                                       Referral Agency Response
                                       PLANNING ACT 2016 & PLANNING REGULATION 2017




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2803-51047 SRA

SARA reference: 2603-51047 SRA
Assessment manager: Noosa Shire Council
Street address: 49 Overlander Avenue, Cooroy
Real property description: Lot 57 on RP180653
Applicant name: Evelyne Atkinson

C/- Project Urban Pty Ltd
Applicant contact details: PO Box 6380

MAROOCHYDORE BC QLD 4558

[email protected]

Human Rights Act 2019 The decision has been assessed for compatibility with human rights

considerations: under the Human Rights Act 2019. The decision was found not to limit
human nights under the Human Rights Act 2019 therefore it is
reasonable to conclude the decision is compatible with 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 Helen Reilly, Planning Officer, on 4037 3239 or via email
[email protected] who will be pleased to assist.
Yours sincerely

f

HCY

Jamaica Hewston
Manager

ce Evelyne Atkinson, scott [email protected]

enc 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 2of 5

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Page 8

Attachment 1—Referral agency conditions

2803-51047 SRA

 

(Under section 56(1)b)(i) of the Planning Act 2076 the following conditions must be attached to any development
approval retating to this application)

 

No. | Conditions

Condition timing

 

10.9.4.2.1.1 — Reconfiguring a lot near a state transport corridor—The chief executive administering
the Planning Act 2016 nominates the Director-General of the Department of Transport and Main Roads
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(s):

 

 

1. Stormwater management of the development must not cause

 

worsening to the operating performance of the state transport
corridor, such that any works on the land must not

create any new discharge points for stormwater runoff onto the
state transport corridor

concentrate or increase the velocity of flows to state transport
corridor

interfere with and/or cause damage to the existing stormwater
drainage on the state transport corridor

surcharge any existing culvert or drain on the state transport
corridor

reduce the quality of stormwater discharge onto the state
transport corridor

impede or interfere with any overland flow or hydraulic
conveyance from the state transport corridor

reduce the floodplain immunity of the state transport corridor.

 

At all times.

 

 

Document Set ID: 24631692
Version: 5, Version Date: 25/03/2026

Sate Assessment and Referral Agency

Page 3 of 5

Page 8 of 11

Page 9

Document Set ID: 24631692
Version: 5, Version Date: 25/03/2026

2803-51047 SRA

Attachment 2—Advice to the applicant

 

 

General advice

 

Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
or the State Development Assessment Provisions (SDAP) (version 3.5). If a word remains
undefined it has its ordinary meaning.

 

Trans|

port noise corridor

 

Mandatory Part (MP4.4) of the Queensland Development Code (QDC) commenced on 01 Sep
2010 and applies to building work for the construction or renovation of a residential building in a
designated transport noise corridor. MP4.4 seeks to ensure that the habitable rooms of Class 1,
2, 3 and 4 buildings located in a transport noise corridor are designed and constructed to
reduce transport noise. Transport noise corridor means land designated under Chapter 8B of
the Building Act 1975 as a transport noise corridor.

For further information on Transport Noise Corridors and assistance with the Queensland
Development Codes. please refer to the website below:
https://www.business.qid.gov_au/industries/building-property-development/building-
construction/laws-codes-standards/queensiand-development-code/transport-noise-corridors

 

Public utility works and connection approval

 

3.

 

The applicant is advised that if any works and/or connections are required to public utility
services within a state-controlled road reserve, approval must be given by the Department of
Transport and Main Roads (DTMR) under the relevant public utility legislation (electricity,
water/sewer, telecommunication), and in accordance with DTMR technical standards (Non-
Transport Utility Management and Design Manual).

Approvals must be obtained prior to commencing any utility works within the state-controlled
road reserve. Please contact the public utility team via [email protected] for further
information on the application and approval process.

 

 

 

State Assessment and Referral Agency Page 4 of 5

Page 9 of 11

Page 10

2803-51047 SRA

Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

 

The reasons for the SARA's decision are:

« SARA assessed the development against the following code(s) of the State Development
Assessment Provisions (SDAP), version 3.5:

© State code 1: Development in a state-controlled road environment.

« The development complies with the assessment benchmarks of State code 1 of SDAP in that the
development:

© does not increase the likelihood or frequency of accidents, fatalities or serious injury for users
of a state-controlled road

© does not adversely impact the structural integrity or physical condition of state-controlled
roads, road transport infrastructure, public passenger transport infrastructure or active
transport infrastructure

0 does not adversely impact the structural integrity or physical condition of state-controlled
roads, road transport infrastructure, public passenger transport infrastructure or active
transport infrastructure

o does not adversely impact the state's ability to plan, construct, maintain, upgrade or operate
state-controlled roads, future state-controlled roads or road transport infrastructure

© protects community amenity from significant adverse impacts of environmental emissions
generated by road transport infrastructure or vehicles using state-controlled roads.

Material used in the assessment of the application:

« the development application material and submitted plans
« Planning Act 2016

« Planning Regulation 2017

«the SDAP (version 3.5), as published by SARA

« the Development Assessment Rules

« SARA DA Mapping system

« State Planning Policy mapping system

* — section 58 of the Human Rights Act 2019

Attachment 4—Representations about a referral agency response
provisions

 

(page left intentionally tank)

State Assessment and Referral Agency Page 5 of 5

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Page 11

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                                  within the service period, give a copy of the notice of appeal to –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –
                                                                                                      1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and
                                                                                                      application; and
                   (b) The person-
                                                                                                  (e) each person who may elect to become a co-respondent for the
                         (i)   who may appeal a matter (the appellant); and                           appeal, other than an eligible submitter who is not a principal
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the
                                                                                                      person who the registrar considers appropriate.
                              matter.
                                                                                              (4) The service period is –
               (2) An appellant may start an appeal within the appeal period.
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –
                                                                                                      Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the
                       agency; or                                                             (5) A notice of appeal given to a person who may elect to be a co-
                                                                                                  respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the
                       deemed refusal happens; or                                             (6) A person elects to be a co-respondent by filing a notice of election,
                                                                                                  in the approved form, within 10 business days after the notice of
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                                  appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          231 Other appeals
                       section 269(3)(a) or (4); or
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                   (d) for an appeal against an infrastructure charges notice – 20                the Supreme Court decides a decision or other matter under this
                       business days after the infrastructure charges notice is given             Act is affected by jurisdictional error, the decision or matter is non-
                       to the person; or                                                          appealable.
                   (e) for an appeal about a deemed approval of a development                 (2) The Judicial Review Act 1991, part 5 applies to the decision or
                       application for which a decision notice has not been given –               matter to the extent it is affected by jurisdictional error.
                       30 business days after the applicant gives the deemed
                                                                                              (3) A person who, but for subsection (1) could have made an
                       approval notice to the assessment manager; or
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                   (f)   for any other appeal – 20 business days after a notice of the            decision or matter, may apply under part 4 of that Act for a
                         decision for the matter, including an enforcement notice, is             statement of reasons in relation to the decision or matter.
                         given to the person.
                                                                                              (4) In this section –
               Note –                                                                             decision includes-
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (a) conduct engaged in for the purpose of making a decision; and
                   period.
                                                                                                  (b) other conduct that relates to the making of a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (c) the making of a decision or failure to make a decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (d) a purported decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  (e) a deemed refusal.
                   withdraw from the appeal.
                                                                                                  non-appealable, for a decision or matter, means the decision or
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  matter-
                   infrastructure charges notice must not be about-
                                                                                                  (a) is final and conclusive; and
                   (a) the adopted charge itself; or
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (b) for a decision about an offset or refund-
                                                                                                      set aside or called into question in any other way under the
                         (i)   the establishment cost of trunk infrastructure identified in           Judicial Review Act 1991 or otherwise, whether by the
                               a LGIP; or                                                             Supreme Court, another court, a tribunal or another entity; and
                         (ii) the cost of infrastructure decided using the method                 (c) is not subject to any declaratory, injunctive or other order of
                              included in the local government’s charges resolution.                  the Supreme Court, another court, a tribunal or another entity
                                                                                                      on any ground.
               230 Notice of appeal
                                                                                              232 Rules of the P&E Court
               (1) An appellant starts an appeal by lodging, with the registrar of the
                   tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
                                                                                                  rules of the court that apply to the appeal.
                   (a) is in the approved form; and
                   (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
                                                                                                  the person has not complied with the rules of the P&E Court
               (2) The notice of appeal must be accompanied by the required fee.




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Document Set ID: 24631692
Version: 5, Version Date: 25/03/2026

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