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Minor Change Existing Approval - 132004.240137.1 (As Published)
Officer: Patrick Murphy
Direct Telephone: 5329 6245
Our Reference: 132004.240137.1
Your Reference: 24-418
7 May 2025
KL Noosa Properties P/L
C/- Plan A Town Planning Pty Ltd
PO Box 1661
MILTON QLD 4064
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 4 April 2025, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132004.240137.1
Street address: Sofitel Noosa Pacific Resort 14 Hastings St, Noosa Heads Qld
4567
Real property description: Lot 7 RP 802632
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 13 January 2005.
• Development Permit for Material Change of Use of Premises – Convert Offices to
Accommodation Buildings.
In relation to the request to make a minor change to the existing approval, Council on 30 April
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional condition 18.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Document Set ID: 23719146
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4. ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered DA03.08 Revision No.
A & prepared by DesignInc Brisbane and dated 16 March 2004 and Drawing No. 20164_LP-
03.0 and 20164_ELEV-04.0 prepared by Mentor Design Pty Ltd and dated 29 September
2004 and as may be amended by these conditions.
2. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
3. The area between the Sheraton Noosa and Bay Village as indicated on Drawing No.
20164_LP-03.0 and 20164_ELEV-04.0 prepared by Mentor Design Pty Ltd and dated 29
September 2004 shall be landscaped in accordance with Council’s Policy on Landscaping
Guidelines and a properly prepared landscape plan. Such landscaping is to be completed
prior to the premises being occupied and maintained at all times thereafter.
4. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
5. The development shall operate in accordance with the Car Park Management Plan prepared
by Bennett and Francis as received on 22 November 2004 and as amended by the following:
5.1. The basement car park layout shall be in accordance with Drawing No. 014634.01 and
014634.02 prepared by Bennett & Francis as received on 8 December 2004.
5.2. No commercial charge shall be applied to retail customers to park in the basement car
park.
5.3. Car parks within the basement car park shall be cleared of items and made available
for car parking prior to 31 January 2005.
6. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must
be submitted to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for operational 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.
7. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
8. This Development Permit for a material change of use of premises lapses if:-
8.1. the use or erection of a building or other structure associated with the use, has not
been commenced by 13 January 2009, unless application is made and approved by
Council for an extension; or
8.2. the use of any premises pursuant to the Development Permit ceases.
9. The developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for building works.
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Land Development
Carparking
10. Carparking shall be provided within the site in accordance with Bennett & Francis Pty Ltd
letter and the attached drawings numbered 014634.01 and 014634.02 received by Council
on 8 December 2004 except as modified herein.
11. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004
Park Contributions
12. A Park contribution of $3,012 towards the acquisition of additional parkland or the
improvement of existing parkland and facilities in the locality shall be paid to the Council prior
to obtaining a Development Permit for Operational Works in accordance with Council’s
Planning Scheme Policy PSP24 Park Requirements. This amount will be subject to
variations in the Price Index, All Groups Brisbane from September 2004 until the date of
payment.
Pathway Contributions
13. A pathway contribution of $272 towards external major pathways, in accordance with
Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the
Council prior to obtaining a Development Permit for Operational Works. This amount will be
subject to variations in the Price Index, All Groups Brisbane from September 2004 until the
date of payment.
Headworks
14. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28
and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks
Contributions respectively and at the rates applicable at the time of payment. An estimate
only of the contribution rates under the current policies is outlined below. These amounts
will adjusted in line with changes to the Price Index, All Groups Brisbane from September
2004 until the date of payment.
Water Supply $9,643
Sewerage $7,588
TOTAL $17,231
All headworks contributions must be paid prior to use commencing.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
headworks contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or
is cancelled, the contribution or trading bank guarantee will be returned.
General
15. Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
16. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
17. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to
or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
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Additional Condition - 30 April 2024
18. Works to amalgamate rooms 605 and 607 are to be undertaken in accordance with plan
1.09.01.01 DM Demolition Plan dated 5 March 2025, prepared by Mitchell and Eades.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
1. A development permit for building work approving a change of classification of this building
shall be obtained prior to the building being occupied for its intended new use.
2. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
responsibilities under the Disability Discrimination Act (DDA) in regard to the installation of
disabled access and the provision of disabled facilities, and that access to this portion of the
building and the provision of sanitary facilities may need to comply with the requirements of
Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
3. Payment via credit card transaction will not be an acceptable method of payment for
development contributions conditioned in this permit or for infrastructure charge notices
issued separately.
4. The applicant is reminded the original requirements for developing the site included provision
for the full carparking needs of the development. Under the circumstances, it is not
acceptable for staff to be directed to park off site.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. 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.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
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Document Set ID: 23719146
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Page 5
Yours faithfully,
Patrick Murphy
Manager, Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice -13 January 2005
• Decision Notice – Minor 132004.240137.01 - additional condition
18.
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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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Version: 6, Version Date: 07/05/2025
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