Council archive · source document
Minor Change Existing Approval - RAL18/0023 02 (As Published) · RAL18/0023.02
Officer: Nadine Gorton
Direct Telephone: 07 5329 6245
Our Reference: RAL18/0023.02
Your Reference: n/a
2 February 2026
Stockwell Development Group Pty Ltd
C/- Stockwell Development Group Pty Ltd
PO Box 3144
SOUTH BRISBANE QLD 4101
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 26 September 2025, requesting a minor change to an existing
development approval. Council on 27 January 2026 decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: RAL18/0023.02
Street address: 55, 57, 63, 64, 65, 66, 67, 68, 69, 70, 72, 74, 76 Hofmann Dr and
37, 38, 40, 46, 52, 54 Walter Hay Drive, Noosaville (formerly 28
Eenie Creek Road, Noosaville)
Real property description: Lots 1 to 19 and 21 to 24 on SP322201 (Formerly Lot 3 SP 246584)
Planning Scheme: Noosa Plan 2020 (26 September 2025)
2. DECISION DETAILS
The following type of approval was issued on 3 September 2020.
• Development Permit for Reconfiguration of a Lot – 1 into 23 lots
In relation to the request to make a minor change to the existing approval, Council on 27 January
2026, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 53(a)
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
Page 1 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 17 pages
Page 2
4. ASSESSMENT MANAGER CONDITIONS
WHEN CONDITIONS MUST BE COMPLIED WITH
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the submission of the subdivision plan to Council.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
following approved plans of development (as amended, if required).
Plan No. Rev. Plan/Document Name Date
034389.59 V1 Proposed Subdivision, Sheet 1 15/01/2020
034389.59 V1 Diagram A and Diagram B, Sheet 2 15/01/2020
034389.59 V1 Diagram C and Diagram E, Sheet 3 15/01/2020
034389.59 V1 Proposed Easements & Covenants, Sheet 4 15/01/2020
as amended to incorporate the following amendments, and any other amendments required
by the conditions:
2.1. identification of the proposed emergency access for Lot 23 and that the proposed
emergency gate is located in the road reserve in accordance with condition 8;
2.2. identification of the proposed emergency access gates on Hofmann Drive and Walter
Hay Drive for the emergency access easement across Lots 11-15 (as described in
condition 21;
2.3. replacement of Easements AN and AM, with a singular 6m easement marked ‘AM’ as
required by condition 36(a);
2.4. provision of stormwater easements on Lots 8 and 9 and in accordance with condition
27;
2.5. provide an access easement named AF for access to proposed Lot 24 as required by
condition 36(a).
3. All lot numbering on the subdivision plan to be submitted to Council for plan sealing must
remain as shown on the Approved Plans.
Currency Period
4. The Currency Period for this development approval lapses if all conditions have not been
complied with, and the plan of survey lodged with Council for endorsement by 31 August
2024, unless an application to extend the currency period is approved by Council.
Page 2 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 3
Acoustic Measures for Residential Lots & Office Lot
5. Prepare and submit to Council for approval with an Operational Works application a revised
acoustic report which includes measures to mitigate noise generate from the shopping centre
operations and equipment, including deliveries, truck movements and rubbish collection.
This report should consider attenuation at the noise source as well as a noise barrier along
the shared boundary of Lots 19 and 21. All measures to mitigate noise must be implemented
prior the submission of the subdivision plan to Council.
Noise attenuation is required to achieve the following acoustic quality for potential residential
uses on Lots 17-19. The measurement location must include receivers being placed at the
closest point to the future residential and office buildings.
Criteria (measured at the receptor) dB(A)
Sensitive receptor Time of Day
LAeq,adj,1hr 1 LA1,adj,1hr2
Daytime and evening
35 45
(habitable spaces)
Dwelling (indoors)
Night-time (sleeping
30 40
areas)
1Acoustic descriptor/noise target for continuous noise sources (eg. Mechanical plant).
2Acoustic descriptor/noise target for transient impacts arising from loading dock activities
(e.g. truck movements, reversing alarms, compactor, trolley etc.)
Water & Sewer Connections
6. An underground connection to reticulated water and sewerage must be provided to each lot
in accordance with the standards and requirements of Northern SEQ Distributor– Retailer
Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to each lot.
External Works
7. Prior to the sealing of the survey plan a vehicle access to proposed Lot 23 must be
constructed at no cost to Council. The works must be undertaken in accordance with an
Operational Works approval, be generally in accordance with drawing number 1856-R08
Revision J prepared by Barlow Shelley and include an access extending from the existing
roundabout in Walter Hay Drive to the property boundary.
8. Prior to the sealing of the survey plan a new emergency vehicle exit from proposed Lot 23
must be constructed at no cost to Council. The works must be undertaken in accordance
with an Operational Works approval. The exit must extend from the property boundary to the
existing formation of the south bound lanes of Walter Hay Drive and be for emergency
vehicles only. The exit must:
8.1. be located in the north western section of the Walter Hay Drive frontage
8.2. include a crossing in the median of Walter Hay Drive that is sufficient to permit
emergency vehicles to exit the site and access the north bound lanes of Walter Hay
Drive
Page 3 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 4
9. Prior to the sealing of the survey plan a new pedestrian access from Lot 23 to the existing
pathway network must be constructed at no cost to Council. The works must be undertaken
in accordance with an Operational Works approval. The pedestrian connection must be
located in the north western part of the site and extend to the existing pathway network in
the Eenie Creek Road road reserve to the east of the underpass.
10. Prior to the sealing of the survey plan a new pedestrian connection from the existing pathway
network in Hofmann Drive to proposed Lot 1 must be constructed at no cost to Council. The
works must be undertaken in accordance with an Operational Works approval. The
connection must be located to the south of the existing roundabout at the intersection of
Hofmann Drive with the internal access road for “Noosa Civic” and connect to the existing
internal pathway network within proposed Lot 1.
New Roads
11. The new public road shown on the Approved Plans (extension of Hofmann Drive) must be
constructed in accordance with the conditions of this Decision Notice and dedicated as road
reserve at no cost to Council. The works must be undertaken in accordance with an
Operational Works approval and be generally in accordance with drawings number 1856-
R04 revision K, 1856-R05 revision K and 1853-R06 revision J prepared by Barlow Shelley.
The works must include but not be limited to kerb and channel, footpaths, street lighting,
services, linemarking, stormwater drainage and landscaping.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
12. Approval of the proposed subdivisional road layout is subject to final operational works
approval and any associated changes to the subdivision road layout that arise as part of the
operational works approval and any construction changes.
13. The road reserve boundaries between public and private roads must be located to
accommodate all constructed pedestrian routes within the public road reserve around all
sides of the proposed roundabouts.
14. The road reserve boundaries adjacent to the proposed emergency access gates must be
located to ensure that:
14.1. all elements of the emergency access gates are wholly contained within the road
reserve,
14.2. the swing areas (inward opening) of the gates is not impeded by fencing and is
protected by the terms of Easements AY and AQ.
15. Clearly visible signage must be erected at the threshold of the private roads. The signage
must clearly indicate to motorists and pedestrians that they are entering a private road
system.
Private Roads
16. Prior to the sealing of the survey plan, the private road within Lot 3 (Road B adjacent to Lots
10-16) must be constructed with a centrally located 10m carriageway. The works must be in
accordance with an Operational Works approval and be generally in accordance with
drawing number 1856-R05 revision K prepared by Barlow Shelley. The works must include
but not be limited to kerb and channel, footpaths, street lighting, services, linemarking,
stormwater drainage and landscaping.
17. Prior to the sealing of the survey plan, the private road within Lot 3 (Road C – adjacent to
lots 7-9) must be constructed with a centrally located 12m carriageway having 1.5m on-road
cycle lanes on each side. The works must be in accordance with an Operational Works
approval and be generally in accordance with drawings numbered 1856-R05 revision K and
1856-R07 revision J prepared by Barlow Shelley. The works must include but not be limited
to kerb and channel, 3m footpath on the western side, street lighting, services, linemarking,
stormwater drainage and landscaping. The road must be designed to cater for on-street
parking to be added when future development occurs on lots 3 and 7.
Page 4 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 5
18. Prior to the sealing of the survey plan, the entrance road between Lots 2 and 7 must be
constructed. The works must be in accordance with an Operational Works approval and be
generally in accordance with drawing number 1856-R17 revision J prepared by Barlow
Shelley. The works must include but not be limited to kerb and channel, footpaths, street
lighting, services, linemarking, stormwater drainage and landscaping.
Property Access and Driveways
19. Prior to the sealing of the survey plan access to the lots must be provided generally in
accordance with the access management plan shown on drawing numbered 1856-R03
revision J prepared by Barlow Shelley unless modified herein:
a. access to proposed for Lots 4, 8-10, 15, and 16 must 9.0m wide (minimum) and be
provided as part of subdivision operational works,
b. access to proposed Lots 3, 5, 6, 7 and 17-22 must be constructed as part of the future
development of the lots,
c. all movements access for lots 11-14 must be constructed as part of the future
development of the lots
Property notations will be added to Council’s rates records for Lots 3, 5, 6, 7, 11-14 and 17-
22 advising owners, prospective purchasers and private certifiers of the access
requirements.
20. Vehicle access to Lots 4, 8-10, 15, and 16 is limited to the constructed driveway only. A
clause must be included in the contract of sale for Lots 4, 8-10, 15, and 16 which requires
vehicle access to be from the constructed driveway only, and which prohibits the driveway
from being relocated without Council agreement.
Emergency Access Route (Lots 11-15)
21. The 6m wide emergency access route through Lots 11-15 connecting Hofmann Drive and
Walter Hay Drive must be constructed. The works must be undertaken in accordance with
an Operational Works approval and be generally in accordance with drawings numbered
1856-R04 revision K and 1856-R05 revision K prepared by Barlow Shelley. The works must
include but not be limited to:
a. locked gates controlling access at Hofmann Drive and Walter Hay Drive. The gates are
to be installed by the developer in land areas fully controlled by Council and clear of
any service allocations in the road reserve
b. the emergency access route, driveways and gates to Hofmann Drive and Walter Hay
Drive are to be designed to suitably accommodate all QFES vehicles that could
reasonably access the emergency access route.
22. In regard to the emergency access route, and adjacent parking along that route, at the rear
of lots 12-15:
a. any future development of the individual lots (Lots 11-15) must include provision of a
vehicular linkage between the private road (Road B) and the emergency access route.
The linkage must be sufficient to permit vehicles to access the parking spaces within
the relevant lot on the emergency access route,
b. any future development of the individual lots must be designed such that service
vehicle activity for the day to day operation of the lot remains clear of the emergency
access route,
c. the pedestrian access points to buildings on the individual lots are designed and
positioned so that any associated parking along the emergency access route is limited
to the individual lot.
Page 5 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 6
Car Parking
23. Parking located along the emergency access route within Lots 11-15 must be limited to the
individual lot. The easement documents for the emergency access route must include
sufficient detail to limit the movement of vehicles and parking to the individual lot and clear
of the emergency access route.
Pedestrian and Bicycle Facilities
24. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. the on-road bicycle lanes as shown on the approved plans,
b. the footpath network as shown on the approved plans,
c. the footpath within proposed Lots 3 and 4, being Easement Al and Easement AO, must
be constructed as part of the subsequent development of Lots 3 and 4. The pathway
is to extend from the Hofmann Drive frontage to the common boundary between Lots
3 and 24. The works must be undertaken in accordance with an operational works
approval and include a 3m wide sealed surface, drainage d suitable lighting for
pedestrian safety (CPTED). Despite condition 1, the timing for the construction of the
pathway is at the time of the subsequent development of Lots 3 and 4.
d. the footpath on the northern side of Hofmann Drive must be extended from the crossing
point adjacent to Lot 4 to the north west for the full frontage of Covenant J
e. all footpaths and associated infrastructure located within private property must be
maintained by the property owner
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Drainage
25. All stormwater drainage infrastructure must be located outside of the open space covenants
unless approved as part of an Operational Works application.
26. As part of any future Material Change of Use application for proposed Lot 4, 5 or 6, a
Stormwater Management Plan is to be provided and stormwater quality treatment devices
are to be incorporated into the site layout such that the pollutant load reduction targets
specified in Appendix 2, Table B of the State Planning Policy 2017 are achieved (refer
property note)
27. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and the Bioretention
Technical Design Guidelines (Water by Design, 2012), and must include in particular
stormwater quality treatment devices of a size and location generally in accordance with
those shown in the Site-based Stormwater Management Plan – Version 5, prepared by
Barlow Shelley Consulting Engineers Pty Ltd, dated 2nd December 2019. The bio retention
devices are required to treat runoff from the bushfire access and carparks within Lots 12-15.
28. 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 in compliance with the relevant sections of Queensland Urban Drainage Manual.
29. Stormwater runoff from the development must be controlled and disposed of into a lawful
point of discharge and in a manner that does not cause scour or damage to the subject site
or any adjoining property including Council’s drainage system.
30. Any drainage line or stormwater outlet located within the adjoining vegetation covenant or
easement area must be aligned to minimise the impacts on existing vegetation with the final
alignment determined on-site in agreement with Council’s delegate.
Page 6 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 7
31. Streetscape bioretention devices are to be detailed with the Operational Works application
and are to specifically address the following:
a. are designed generally in accordance with the Bioretention Technical Design
Guidelines
b. are designed generally in accordance with IPWEQA Standard Drawing No. WSUD001
are provided with a free-draining outlet from the sub-soil drainage system
c. are designed with offsets to underground services in accordance with utility services
provider’s requirements.
d. allow for the safe movement of pedestrians along the road verge either through
provision of a path behind the device or pedestrian refuge in the case of no path being
provided.
e. have stable batter slopes which are designed to avoid the need for safety fencing or
bollards, or incorporate grates.
f. have plantings setback from the road pavement a sufficient distance to not affect the
road pavement during operation or re-setting.
g. are designed with a connection from the kerb to the filter media surface which is
sufficiently robust and not prone to blockage
32. All stormwater quality treatment devices contained in private lots must be maintained in
accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets
(Version 1). The approved Operational Works drawings for the stormwater quality treatment
system and detailed life cycle costing of the system must be attached as an addendum to
this document. Records of all maintenance activities undertaken must be kept and made
available to Council upon request.
Electricity and Telecommunication Services
33. Underground reticulated electricity and telecommunication services must be provided to
each lot in accordance with an approval for Operational Works and the standards and
requirements of the relevant service provider.
34. 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.
35. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
Easements
36. The easements for the development must be in accordance with the schedule indicated on
drawing number 034389.59 sheet 4 of 4 prepared by Bennett and Francis dated 15 January
2020 except as modified herein:
a. Lot 1:
i. Combine Easement AM & AN with a width of 6m, which will require amendment
to Covenant J to accommodate the combined easement.
ii. New Easement AF must be created between Lots 2 and 7 to include the area of
the adjacent “new road” connecting to Walter Hay Drive, along with secondary
access to Lot 24 by way of left in and left out access along the full northern
boundary of Lot 24. It is noted that primary access to Lot 24 is by way of the new
roundabout.
Page 7 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 8
b. Lot 3:
i. Easement AL – benefit lots 1, 4 and Public Thoroughfare, with a minimum width
of 4m
ii. Easement AK – benefit lots 1, 6, 7, 8, 9
iii. Easement AP – benefit lots 10, 11, 12, 13, 14, 15, 16
c. Lot 4:
i. Easement AO – benefit lots 1, 3, and Public Thoroughfare, with a minimum width
of 4m
d. Lot 11:
i. Easement AY – benefit lots 1, 3, Emergency vehicles and Council
e. Lot 12:
i. Easement AX – benefit lots 1, 3, Emergency vehicles and Council
f. Lot 13:
i. Easement AW – benefit lots 1, 3, Emergency vehicles and Council
g. Lot 14:
i. Easement AV – benefit lots 1, 3, Emergency vehicles and Council
h. Lot 15:
i. Easement AQ – benefit lots 1, 3, Emergency vehicles and Council
37. The private road easement AK between lots 3 and 7 must have a minimum width of 25m and
be sufficient to accommodate an ultimate “main street” environment as described in Figure
6.4.1.5 – Section A2 – 25m Main Street without median of the New Noosa Plan and as shown
below:
38. 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.
39. 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.
40. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Page 8 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 9
Earthworks and Retaining Walls
41. All fill and associated retaining structures/batters must be undertaken in accordance with an
Operational Works approval and be generally in accordance with drawing numbers 1856-
R04 Revision K, 1856-R05 Revision K, 1856-R06 Revision J and 1856-R07-2 Revision J
prepared by Barlow Shelley. All works must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
42. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
43. 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.
Land Rehabilitation
44. The land area identified as Open Space 3 (OS3) on Schedule 4 Shire Business Centre (Map)
in the Noosa Plan on proposed lot 23 must be rehabilitated, where necessary, to provide a
vegetated screen of future development, exclusive of any Council approved infrastructure.
All plants must be local native species suitable for the area and the species selection
consistent with the naturally occurring species in the area. The landscaping must be reflective
of the surrounding natural landscape. The works must be undertaken in accordance with an
Operational Works approval.
45. No infrastructure is to be installed in the OS3 land area, unless:
a. in accordance with a Council endorsed management plan; or
b. to connect directly into existing stormwater infrastructure, with any disturbance to
vegetation in OS3 minimised and rehabilitated in accordance with a Development
Permit for Operational Works.
Vegetation Preservation
46. Existing vegetation on the undeveloped site and in the road reserve where within 10m of
public access or public infrastructure must be retained in accordance with an Arborist Report
(or part thereof) prepared by a qualified person* and endorsed through an Operational Works
approval to manage the risk to the public. *(Refer to Advisory Note)
Fauna Management
47. Vegetation must only be removed or disturbed in accordance with a Fauna Management
Plan for the development prepared by a qualified person* and referenced in a Development
Permit for Operational Works. *(Refer to Advisory Note)
48. Clearing for the subdivision will occur generally in accordance with clearing plan Ref:
10651BHP Issue C dated 24 August 2020 (Bushland Habitat Plan) prepared by Norris Clarke
& O’Brien Pty Ltd, with the exception that vegetation must be retained along the full frontage
of lot 23 to Walter Hay Drive apart from the identified driveway access location. All clearing
will be subject to an application for Operational Works.
Page 9 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 10
Fencing to Protected Land
49. A permanent fence must be constructed along boundary of lot 17 and covenant J, the entire
length of the interface of the site with the park reserve at Lot 5 SP222982, Lot 3 SP182845
and the southern aspect of Lot 147 NPW889 (at the corner of Eenie Creek Rd and Walter
Hay Drive). The fence must be constructed in accordance with an Operational Works
approval and must be to the following specifications:
a. 1.8 m high chain wire fence.
b. Include single person access gate (minimum opening of 1200mm) in a suitable location
generally in the location of the rear of lot 13.
c. Include signage for each lot interface stating the land is a fauna reserve.
d. The fence must be located adjacent to the northern Boundary of Covenant L.
Bushfire Management
50. The development must be carried out in accordance with Updated Bushfire Management
Plan For Undeveloped Areas Of Noosa Civic prepared by The Consultancy Bureau Pty Ltd,
dated December 2019, with the following amendments to be included and constructed in
accordance with an Operational Works approval:
a. Lot 23 emergency egress to be located at the southern point of Easement E on
SP167978 perpendicular to Walter Hay Drive and include treatment to the medium strip
of Walter Hay Drive to allow for Urban fire appliance cross over.
b. Provision of access control gates to each emergency access points within the road
reserve.
c. Provision of a formed 6m emergency access within the 20m buffer to the rear of future
lots 11 to 15.
d. Inclusion of any emergency access markers and alike to the emergency access roads
and entry/exit points.
e. Inclusion of management requirements of the owner of lot 1 for fuel loads associated
with the 20m break between proposed lots 3 and 7, interface of covenant J, and the
20m buffer in lot 23.
f. Include the specific provision of no clearing of Covenant areas for bushfire
management
The report must be resubmitted to Council incorporating the above amendments prior to the
issue of any Development Permit for Operational Works.
51. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the bushfire management conditions
of this Decision Notice. *(Refer to Advisory Note)
Treatment of Temporarily Vacant Land
52. The following works must be carried out if some or all of the cleared land remains vacant or
undeveloped for more than 3 months after the approved vegetation clearing:
a. the site must be graded to prevent ponding (to the same level as the adjoining footpath
wherever practicable), and the surface effectively stabilised.
b. the site must be maintained to ensure no nuisance to adjacent premises, roads or
footpaths
c. where fencing is installed to secure boundaries:
i. the fencing must be durable and not capable of being pushed or blown over
ii. the fencing type must not detract from local amenity (barbed wire is not
acceptable)
Page 10 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 11
iii. vandalism must be promptly repaired, and any graffiti removed.
Landscaping Works
53. The development site must be landscaped in accordance with the Noosa Plan’s Landscaping
Code and Planning Scheme Policy Landscaping Plants and Guidelines. The landscaping
must be reflective of the surrounding natural landscape and must be reflective of the
surrounding natural landscape. The works must be undertaken in accordance a plan
prepared by a qualified person* and in accordance with an Operational Works approval and
must include in particular:
a. Local native plant species suitable for the location in mulched garden beds within the
lots that front Hofmann Drive and the future extension of Hofmann Drive that are 6m
wide to the residential lots 17-19, 7m wide for Lot 4 on SP32201 (only where developed
in accordance with MCU22/0094 – for a child care centre) and 10m wide to the
remaining lots at the time of sealing the plan of subdivision.
b. Supplementary plantings to the median strip in the southern extent of Hofmann Drive.
c. Provision of a minimum of one ex-ground or advanced street tree within the road
reserve for every 8 metres of the new road between proposed lot 3 and 7 within garden
beds.
i. the garden beds must be a minimum of 6m2 and contain a mix of shrubs and
grasses.
d. Provisions of sufficient volumes of structured soil media suitable for advance root
growth for street trees, in accordance with the written recommendations of an industry
accredited horticulturist or arborist.
e. 100mm deep mulching and landscaping to any batter within road reserves that exceed
1 in 4 slope (25%)
f. Planting works to the median strip and/or roundabout that do not interfere with driver
sight lines at any time.
g. Achieve the park-like settings as set out in the Shire Business Centre Zone (Division
9) of the Noosaville Locality Plan in the Noosa Plan by ensuring
i. Retention of suitable vegetation within the road reserve through project design
and services location
ii. Limiting the disturbance to the root zones of retained vegetation
(*Refer Advisory Notes)
54. All landscape works must be established and maintained in accordance with horticultural
best practice with construction techniques that allow for healthy, sustained and vigorous plant
growth. All plant material must be allowed to grow to full form.
55. All entry statements, fences, batters, retaining walls and buffer/screen plantings must be
located entirely within private land and not within the public road reserve.
56. All third-party service provider infrastructure must be clearly shown on submitted landscape
plans and have landscaping provided to screen the bulk of the infrastructure.
57. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Lot 24
58. The Applicant must, at no cost to the Council:
i. Dedicate to Council proposed Lot 24 for public transport infrastructure as shown on the
subdivision plan; but
Page 11 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 12
ii. Notwithstanding condition 1, only after amendment to Council’s planning scheme
has taken effect which shows the provision for transit designated only in the
location consistent with Lot 24 on the subdivision plan.
Future Environmental Offset
59. For the purposes of calculating any environmental offset that might be required for the
ultimate development of Lot 3 on SP246584 for the Shire Business Centre, the plan
described as 10651BHP Issue C prepared by Norris Clarke & O’Brien Pty Ltd and dated 24
August 2020 shows the maximum extent of clearing (i.e. 12.4943ha). For the avoidance of
doubt, while the plan shows the maximum extent of clearing for offset purposes, the clearing
ultimately undertaken will not necessarily be the maximum extent (noting that the Shire
Business Centre is to occur in a park like setting).
Infrastructure Agreement
60. The Applicant/Owner shall comply with the terms of any Infrastructure Agreement applying
to the land.
5. REFERRAL AGENCIES
Referral Status Referral Agency and Referral Trigger Response
Address
Advice Agency Energy Queensland Schedule 10, Part 9, Advice dated 8 January
Level 1, 26 Reddacliff Division 2, Table 1, Item 1 2026 Ref
Street, Newstead QLD (10.9.2.1.1) – ECM36637435-
4006 Reconfiguring a lot 36851965
subject to an easement
for the benefit of a
[email protected]
distribution entity under
om.au
the Electricity Act for a
supply network; or part of
the lot is within 100m of a
substation site
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
2. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Qualified Person
3. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
Page 12 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 13
Preparation of a Preliminary Construction Management Plan
4. A preliminary Construction Management Plan must be submitted with any Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction.
ii. maintenance of safe pedestrian access for the areas affected by the works during
and after daily construction has ceased.
iii. proposed fencing to the site during the construction phase of the
development.
iv. approval of the Traffic Management Control Plan by the Department of Transport
and Main Roads (DTMR) for any works on State controlled roads.
v. provision for worker car parking.
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic, services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. details on the location of external fill sites/sources, the haulage route, type of vehicle
to be utilised during filling operations and frequency of usage. NB any damage to the
existing road system as a result of haulage operations shall be fully repaired at the
applicant’s expense
g. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the
PreStart Meeting for the project.
Private Infrastructure
5. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority.
Qualified Person
6. For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
current experience in the field of landscape design.
7. For the purpose of preparing an Arborist Report, a qualified person is considered to be a
person with either:
a. ISA certification; or
b. a Diploma of Arboriculture in addition to a minimum of 3 years current experience in
the field of arboriculture.
Page 13 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 14
8. For the purpose of preparing a Fauna Management Plan, a qualified person is considered to
be an ecologist with a minimum of 3 years current experience in the field of fauna assessment
and management.
9. For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
with the bushfire requirements of this Decision Notice, a qualified person is considered to be
an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
and management.
7. PROPERTY NOTES
RAL18/0023 – Stormwater
The following notation applies to approved lots 4, 5 and 6:
These lots are part of a larger development covered by permit RAL18/0023. As part of the
stormwater management documented for this application, it was determined that all lots are
required to treat stormwater originating within the lot on-site, with the infrastructure to be
documented as part of any future MCU over each lot. Conditions are provided on permit
RAL18/0023 to enforce this commitment, even though the area of this lot would usually exempt it
from providing on-site stormwater treatment
RAL18/0023 - Stormwater
The following notation applies to approved lots 12-15:
Proposed Lots 12-15: Bioretention devices provided within this lot as part of RAL18/0023 are
provided solely to treat runoff associated with the bushfire access and car parking and is not to be
used for treatment of the developed site runoff. Additional stormwater quality infrastructure is to be
provided as part of any future MCU application over the lot. The bioretention devices lots must be
maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater
Assets (Version 1)
RAL18/0023 – Access
The following notation, or similar applies to approved lots 3, 5, 6, 7, 11-14 and 17-22: Special
conditions apply to the access to the lot. Refer RAL18/0023
The following notation, or similar applies to approved lots 4, 8, 9, 10, 15 and 16:
Vehicle access to the lot is limited to the constructed driveway. The driveway must not be altered
or relocated without prior written agreement from Council.
8. VARIATION APPROVAL DETAILS
Not Applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Roadworks, Earthworks, Drainage Works,
External Works, Rehabilitation, Vegetation
Clearing, Landscaping.
Development Permit for Building Works All building work.
10. SUBMISSIONS
Not applicable.
Page 14 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 15
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 online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Nadine Gorton
Coordinator Planning | Development Assessment
Development & Regulation
Enc: Referral Agency Response
Appeal Rights
Approved Plans/Documents
cc. Energex – [email protected]
DECISION NOTICE HISTORY
• Original Decision Notice – 3 September 2020 – Refused
• Planning & Environment Appeal No. 765/2020 allowed and RAL
approved - 1 lot into 23 lots
• Generally in Accordance – RAL18/0023.01 – 14 July 2022.
• Decision Notice – Minor – RAL18/0023.02 – 27 Jan 2026, with an
amendment to condition 53(a).
Page 15 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 16
Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
Page 16 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Page 17
Document Set ID: 24498083 Version: 5, Version Date: 02/02/2026 General Advice: * Compliance with the Electrical Safety Act 2002, including any Code of Practice under the Act and the Electrical safety Regulation 2013 including any safety exclusion zones defined in the Regulation is mandatory Should any doubt exist in maintaining the prescribed clearance to the overhead conductors and electrical infrastructure then the applicant is obliged under the Act to seek advice from Energex. * Any costs incurred by Energex as a result of the works on the easement are to be met by the property Developer / owner. = This response does not constitute an approval to commence any works within the easement. Consent to commence works relevant to the conditions of the easement is required. All works on easement (including but not limited to earthworks, drainage and detention basins, road construction, underground and overhead services installation) require detailed submissions, assessment, and consent (or otherwise) by Energex. * All works proposed to be undertaken in close proximity to overhead or underground electrical lines are to be undertaken in accordance with Energex’s Works Practice Manual WP 1323. This document refers to various standards, guidelines, calculations, legal requirements, technical details, and other information relevant to working near high voltage infrastructure. A copy of WP 1323 can be found online via Energex's document library (Document library LEnergex). Should you require any further information on the above matter, please contact Harriet Veal on 0427 293 604 or via email at [email protected] faithfully, Warreet Veak Harriet Veal Town Planner Have you seen our fact sheets? See the ‘considerations when developing around electricity infrastructure” section of our website www .enemex.com_aulreferralagency Page 17 of 18
Page 18
Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
Page 18 of 18
Document Set ID: 24498083
Version: 5, Version Date: 02/02/2026
Used in these records
Minor Change Existing Approval - RAL18/0023 02 (As Published).pdfRelated documentApplication case desk ↗
About this file
- File size
- 432 KB (small file)
- File type
No other editions are linked here.