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Decision Notice - Approved by Delegation of Authority - RAL26 0002 (As Published)
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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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 Document Set ID: 24631692 Page 7 of 11 Version: 5, Version Date: 25/03/2026
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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
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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
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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 Document Set ID: 24631692 Page 10 of 11 Version: 5, Version Date: 25/03/2026
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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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