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Decision Notice - Approved by Delegation of Authority - DBW25 0082 (As Published) · DBW25/0082
Officer: Matthew Pinese
Direct Telephone: 07 5329 6245
Our Reference: DBW25/0082
Your Reference: 511075
22 August 2025
Noosa Shire Council
[email protected]
Dear Mario,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 August 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW25/0082
Street address: 0 Gympie Terrace, Noosaville
Real property description: Lot 151 on SP284457 (adjoining road reserve)
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Building Work Assessable Against the Planning Scheme - Change
to Community Activity (Amenities Building)
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 conditions of this Decision Notice must be complied with prior to
the public use of the amenities building commencing, and then compliance maintained at all
times while the public use of the amenities building continues.
Currency Period
2. This development approval lapses if the works have not substantially started by 19 August
2027 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
CD.03 - Site Plan/Analysis prepared by Bark Design -
CD.04 - Long Section A prepared by Bark Design -
(Annotated by Council)
CD.05 - Floor Plan prepared by Bark Design -
(Annotated by Council)
CD.10 - View from Carpark prepared by Bark Design -
(Annotated by Council)
CD.11 - View from Across Quota Park prepared by -
Bark Design
(Annotated by Council)
CD.12 - View from Gympie Terrace Path prepared by -
Bark Design
(Annotated by Council)
CD.13 - View from Carpark prepared by Bark Design -
(Annotated by Council)
Building Height
4. The height of the development must not exceed the height of 4.5m metres above the ground
level.
Building Appearance
5. External design features of the building must be as shown on the Approved Plans CD.10,
CD.11, CD.12 and CD.13, with no inclusions or alterations made without approval in writing
by Council.
6. External finishes of the building must be as shown on the Approval Plans CD.10, CD.11,
CD.12 and CD.13 and must include a mix of lightweight and textured external finishes, with
masonry areas incorporating a variety of textured finishes to break up the surface.
7. External colours must be as shown on the Approval Plans CD.10, CD.11, CD.12 and CD.13,
and be of muted/environmental tones that blend with the natural environment and incorporate
low-reflective roofing and cladding materials.
Landscaping
8. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared
d. using low impact construction techniques around vegetation.
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9. The development site must be landscaped. The works must be undertaken in accordance
with the Noosa Plan for that specific area and must include:
a. The works as generally shown and described on the approved plans referenced CD.10,
CD.11, CD.12 and CD.13 prepared by Bark Design
b. provision of 1 Melaleuca quinquenervia in the location shown on CD.10 and CD.11
prepared by Bark Design
c. provision of the garden beds along the edge of the ramp and stairs in the locations
shown on CD.10 and CD11 prepared by Bark Design
d. provision of a 3000L rainwater tank as generally shown on CD.5 prepared by Bark
Design
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Building Works All building work.
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,
Matt Pinese
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
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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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