Council archive · source document
Other Change Decision Notice - Council Meeting Decision MCU18 0102.03 (As Published) · MCU18/0102.03
Officer: Patrick Murphy
Direct Telephone: 07 5329 6245
Our Reference: MCU18/0102.03
Your Reference: 0806
23 February 2026
Bounce Hostel Noosa P/L TTE
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 19 February 2026, Council decided to approve
the application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU18/0102.03
Street address: 14-16 Mary St Noosaville Qld 4566
Real property description: Lot 4 RP 122928
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 15 November 2018:
• Development Permit for Material Change of Use of Premises (Visitor Accommodation
Type 4 Conventional)
In relation to the request to make an Other Change to the existing approval, Council on 19
February 2026, decided to approve the requested changes. The changes are detailed
below.
A. Approve the Other Change to include the Food and Drink Outlet.
B. Amend conditions 2, 4 and 65.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 6 years starting the day that this
development approval takes effect.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev Plan/Document Name Date
A.001 15 Site Plan, prepared by Zest Design Noosa 11.02.2021
A.003 18 Basement Floor Plan, prepared by Zest Design 09.03.2021
Noosa
A.004 18 Dimension Plan – Level 1, prepared by Zest Design 09.03.2021
Noosa
A.005 17 Dimension Plan – Level 2, prepared by Zest Design 01.03.2021
Noosa
A.006 15 Roof Layout Plan, prepared by Zest Design Noosa 11.02.2021
A.200 18 Elevations, prepared by Zest Design Noosa 09.03.2021
A.201 18 Elevations, prepared by Zest Design Noosa 09.03.2021
A.202 15 Interior Elevations, prepared by Zest Design Noosa 11.02.2021
A.300 15 Building Sections, prepared by Zest Design Noosa 11.02.2021
3 Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed within this Decision Notice. The Approved Plans must
be amended to incorporate the amendments listed within this Decision Notice and
resubmitted to Council prior to the issue of any Development Permit for Operational
Works*
a. A minimum 600mm eaves must be provided to the full extent of all buildings.
b. The northern elevation must include variation of colours and materials to provided
increased articulation.
c. The length of the 2.0 metre high acoustic fence on the western boundary must be
extended for the full length of the western boundary. A 2.0 metre high acoustic
fence must be installed for the full length of the northern boundary and the extent
of the eastern boundary adjacent to the residential property. All acoustic fencing
must be constructed to a minimum of 10kg/m2.
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d. Windows to guest rooms on the upper level of the western and northern elevations
must achieve minimum acoustic rating Rw 32 and the rooms must be provided
with air conditioning/mechanical ventilation to allow internal amenity to be
maintained whilst windows are closed to contain noise.
e. All buildings must have a roof pitch of at least 5 degrees.
f. No retaining walls or planter beds are to be constructed in the road reserve.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. 122 beds are approved for the Visitor Accommodation Type 4 – Conventional (visitor
hostel). The approved Gross Floor Area is 1084m2. No pavilion may exceed 300m2 of
Gross Floor Area. The use area of the Food and Drink Outlet must not exceed 190m2.
5. The approved accommodation units must be used for short term visitors only. The
approved units must not be occupied by persons for the purpose of permanent
accommodation.
6. For the first 12 months of operation the café must not operate outside the hours of 7am
to 10pm. The approved hours will revert to 7am to 9pm at this time unless a written
request is received and approved by Council to alter the period of approval. In assessing
a request Council will have regard to any noise monitoring results, any complaints and
any other relevant matters. The results of the noise monitoring referred to in this Decision
Notice must be submitted as part of the written request.
7. For the first 12 months of operation the use of the pool/sundeck area must not occur
outside of the hours of 7am to 10pm. The approved hours will revert to 7am to 9pm at
this time unless a written request is received and approved by Council to alter the period
of approval. In assessing a request Council will have regard to any noise monitoring
results, any complaints and any other relevant matters. The results of the noise
monitoring referred to in this Decision Notice must be submitted as part of the written
request.
8. Deleted.
9. Service vehicle movements on the premises (including loading and unloading) must not
occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sunday or
public holidays.
10. Amplified music must not be audible at or beyond the boundaries of the site between
10pm and 7am.
11. A receptionist/manager must be on-site at all times.
Building Height
12. The maximum height of the southern pavilion must not exceed 9.50 metres above the
finished ground level and the natural ground level.
13. Certification must be submitted to Council from a Licensed Surveyor which certifies that
the buildings do not exceed the maximum height requirement of this Decision Notice.
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Landscaping
14. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval, the Planning Scheme Policy 3
Landscaping Plants and Guidelines for that specific area and must include in particular:
a. the works shown on the approved site plan.
b. a minimum 2.0 metre wide landscaping strip along the Mary Street road frontage
of the subject site, exclusive of the access driveway, generally uncompromised by
infrastructure items.
c. A minimum 1.5 metre wide landscaping strip along the full extent of the eastern
and western boundaries.
d. a 3.0 metre wide vegetated screening of northern elevation of the northern pavilion
from the adjoining properties in Anne Street, designed such that vegetated
screening will be provided within 3 years of the plantings occurring.
e. vegetated screening of the acoustic barrier adjacent to the western boundary in
accordance with the conditions of this Decision Notice
f. vegetated screening of any electrical transformers, bin storage areas and the like
from the road frontage
g. provision of 1 street tree within the road reserve for every 8 metres of road frontage
15. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
Performance Bond
16. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to Council, 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.
Council reserves the right to call upon the bond or guaranteed sum to effect compliance
with conditions.
Street Identification
17. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate,
the building name.
18. The building entrance or reception area must be clearly visible and identifiable from the
street or otherwise provided with signage and lighting at strategic locations to direct
people to the building entrance.
Water & Sewer Connections
19. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
20. 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 the development site.
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Building Appearance
21. All air conditioning units or other mechanical equipment must be located at ground level,
or otherwise fully enclosed or screened such that they are not visible from the street
frontages nor adjoining properties.
22. All deck and balcony areas above ground floor must not be enclosed by permanent
fixtures such as shutters, louvres, glass panelling or the like, except where required to
satisfy any privacy condition of this Decision Notice.
Advertising Devices
23. Advertising devices must comply with the requirements of the Advertising Devices Code.
24. Construction signage, including that on hoardings, shade cloth and cranes but not
including statutory safety signage, shall not exceed a total of 4m2 to each of the site’s
street frontages.
Fencing and Walls
25. Any street fencing must be setback an average of 1 metre from the front property
boundary. Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
26. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Clothes Drying Areas
27. Each rooming unit must be provided with access to an outdoor clothes line which is
screened from public view.
Protection of Privacy
28. To ensure privacy is protected between adjoining properties, any window/s, deck or the
like that overlooks or has the potential to overlook the private open space or habitable
room windows of neighbouring properties must either:
a. have a minimum window sill height or 1.5 metres above floor level
b. be fitted with translucent glazing
c. be fitted with a fixed external screen
Communal Recreation Areas
29. Communal recreation area/s must be provided as shown on the approved plans.
Amalgamation of Lots
30. Lots 3 and 4 on RP 122928 must be amalgamated prior to the commencement of use.
ENVIRONMENTAL HEALTH
Amenity
31. 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, air-borne hazards, atmospheric pollutants (including dust or
odours) nuisance or any other emissions in accordance with the nuisance provisions of
the Environmental Protection Act 1994.
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Noise Nuisance
32. Noise emission from mechanical equipment shall comply with the following
requirements:
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum background + 5dB(A)
ii. 10pm to 7am: Maximum background + 3dB(A)
b. Pumps
i. 7am to 7pm: Maximum background + 5dB(A)
ii. 7pm to 10pm: Maximum background + 3dB(A)
iii. 10pm to 7am: No audible noise.
33. Air conditioning units and swimming pool filtration plant shall be located within the
undercover carpark.
34. Kitchen exhaust points for the development must be located and operated in accordance
with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in
buildings” (specifically Section 5.10 – Air Discharges).
35. Submission of written certification from a suitably qualified person confirming that the
noise levels from all mechanical equipment comply when measured at either the
residential boundary or outside the most exposed part of an affected building, whichever
is the closest to the equipment.
The assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building, and in a format approved by
Council. All equipment should be operating at the same time to test the overall noise
level created.
36. Speakers located in outdoor areas of the site must be selected to be low power, installed
as a distributed speaker system and controlled from a central volume control unit
accessible to staff only and fitted with an electronic noise limiter such that speakers do
not operate at noise levels which exceed 75 dB(C) at 3 metres from the source at any
time. Speakers must be located and oriented such that they are not be directed towards
off-site residential areas. There is to be no live entertainment on site.
Outdoor Lighting Devices
37. Lighting associated with the use must be designed, sited, installed and tested to comply
with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive
effects of outdoor lighting” using a control level of 1.
38. Certification must be submitted to Council from a qualified person which certifies that all
outdoor lighting devices comply with the requirements of this Decision Notice at the time
of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a qualified
person is:
a. Registered Professional Engineer of Queensland;
b. an environmental or electrical design consultant with a minimum of 3 years current
experience in the field of outdoor lighting.
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Building Demolition/Removal/Relocation
39. Where the development involves the removal, relocation or demolition of a building, a
Waste Management Plan (construction and demolition) in accordance with Planning
Scheme Policy 11, Waste Management Plans must be submitted and approved by
Council’s Environmental Health Officer prior to issue of a development permit for
operational works for demolition, removal or relocation of any building other than a shed.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for
the effective reuse and recycling of such materials. Segregated wastes attract
significantly reduced disposal fees at the landfill with some items free. Higher gate fees
are charged for mixed waste.
Waste storage areas must provide adequate separation of all reusable, recyclable and
waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
a. The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.
b. A waste management table as indicated below is to be completed showing how
waste material is to be segregated - recycled – reused or disposed.
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected Estimated On-site Off-site *specify
waste volume(m³) *specify *specify contractor
materials proposed contractor and
re-use or and landfill
on-site recycling site or
recycling outlet other
methods disposal
site
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
c. Table – Waste Management Table
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Note *If a demolition contractor is undertaking works, then the Waste Management table
is to be completed by the demolition contractor.
WASTE
40. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 "Waste Management Multi-Dwellings and Commercial
and Industrial Premises". The facilities must include an external impervious area
correctly sized for all refuse and recycling containers and suitably screened from public
places and neighbouring properties. A bin wash area is required with a cold-water tap,
hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be
designed to prevent storm water entry to the sewerage system. This can be achieved
with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m2) , or alternatively
the waste area can be roofed, or any other design approved by Council.
41. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
42. Bins must be provided throughout the site to reduce littering. All bins provided must be
for refuse and recycling and be decanted into the bulk bins by the site operators.
ENGINEERING
Site Specific Conditions
43. The proposed flood barrier must be of a design that is activated by the rising flood levels
and the associated hydraulic differential to raise and lower the barrier. The barrier must
not require a power supply or human intervention. The barrier must be maintained by
the property owner in accordance with the manufacturer’s specifications. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. Certification from a Registered Professional Engineer of Queensland (RPEQ) that
states that the design of the barrier is suitable for its intended use.
44. The development must include an internal stairwell connecting the basement level to the
upper floor. The stairwell must be located and constructed to provide an escape route
for people to evacuate the basement in the event the barrier and/or pump system fails.
Plans submitted as part of any subsequent operational works and building permit must
clearly indicate the stairwell.
External Works
45. Mary Street must be upgraded for the length of its frontage to the subject site. The works
must be generally in accordance with drawing number 17699-SK100 Revision A
prepared by TOD Engineers and Project Managers dated 17 August 2018. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. construction of new kerb and channelling offset 7.5m (3.5m lane and 4m of cycle
lane/parallel parking) from the northern side of the existing landscaped median;
b. suitable transitions from the new kerb line to join with the existing kerb at the
western and eastern end;
c. landscaping of the verge area;
d. construction of a pedestrian footpath in accordance with the conditions of this
Decision Notice;
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e. removal of the existing property accesses and reinstatement of the kerb, footpath
and verge area to match the balance of the site frontage, including the provision
of topsoil and turf where the existing verge is grassed.
Condition 45 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Site Access and Driveways
46. A sealed access driveway must be provided from Mary Street 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. driveway crossovers generally in accordance with Council’s Standard Drawing
Number RS-051 and any associated addendum.
b. suitable safety measures, including warning signage, to improve driver awareness
of the flood barrier, service vehicles and pedestrians and to enhance driver and
pedestrian safety. Warning signage must be provided near the exit ramp from the
underground parking area and the guest/service area to warn motorists of
pedestrian movement along the frontage street.
Car Parking
47. A minimum of 17 car parking spaces, inclusive of 1 courtesy bus space, must be
provided and marked on the site and made available and accessible at all times while
the use is open for business. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. 13 customer parking spaces (including 4 scooter spaces) within the total, which
are clearly marked for that purpose and accessible at all times for visitor use.
b. 3 staff parking spaces within the total, which are clearly marked for that purpose.
c. 1 courtesy bus space within the total.
d. 2 disabled parking space/s within the total.
e. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities.
f. Provision of 20 bicycle parking spaces.
48. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
49. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Service Vehicles
50. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works must be undertaken in accordance with an Operational Works approval.
Pedestrian and Bicycle Facilities
51. 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. a 2 metre wide footpath within the road verge for the entire length of the site’s
frontage to Mary Street.
Condition 51 is imposed pursuant to s128 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development.
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Stormwater Drainage
52. The site must be provided with a stormwater drainage system connecting to a lawful
point f discharge. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
a. the works shown on drawing number 17699-SK101 Revision A prepared by TOD
Engineers and Project Managers dated 17 August 2018, with the inclusion of the
following:
i. The storage tank must have sufficient capacity to cater for the runoff from
the driveway in a 5 minute 1%AEP rain event as a minimum.
ii. The basement structures (walls, floors and surfacing) must be constructed
of materials suitable for the potential inundation and all service connections
must be located a minimum of 300mm above the potential inundation level.
Acid Sulfate Soils
53. All works must be carried out in accordance with an Acid Sulfate Soil and Groundwater
Management Plan for the development prepared by a qualified person* and referenced
in a Development Permit for Operational Works. The Acid Sulfate Soil and Groundwater
Management Plan must specifically address how lowering of the groundwater level as a
result of the works will be avoided.
*(Refer to Advisory Note)
54. All waters, including stormwater runoff, groundwater seepage and leachate from acid
sulfate soils must achieve the following quality prior to release from the site:
a. a pH range of 6.5-8.5 pH units
b. 50mg/L maximum total suspended solids concentration
c. 0.3mg/L maximum total iron concentration
d. 0.2mg/L maximum total aluminium concentration
e. no visible plume at either the point of release from the site or within a waterway
55. The basement must be designed and constructed as a water excluding structure in
accordance with Australian Standard AS3735 "Concrete Structures for Retaining
Liquids" to ensure groundwater does not enter the basement after construction is
completed.
56. All treated material must undergo verification testing at the rate of one sample per
250m3 throughout the duration of the excavation phase of the development. The
verification testing must be undertaken by a qualified person* using the SPOCAS or
Chromium Reducible Sulphur testing suite, and the results must be submitted to
Council for appraisal.
Electricity and Telecommunication Services
57. 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.
58. 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.
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Earthworks and Retaining Walls
59. All earthworks must be undertaken in accordance with an Operational Works approval,
and contained entirely within the subject site unless written permission from the
respective landowner(s) is provided to Council.
60. 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.
Preparation of a Preliminary Construction Management Plan
61. A preliminary Construction Management Plan must be submitted with the 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/dump sites, 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 Pre-Start Meeting for the project.
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Damage to Services and Assets
62. 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.
Noise Monitoring
63. Deleted.
64. Noise levels from on-site activities, including guests must not exceed the following levels
at the nearest sensitive receptor:
i. 7am to 6pm = 46 dB(A) LAeq,adj,T;
ii. 6pm to 10pm = 40 dB(A) LAeq,adj,T;
iii. 10.00pm to 7.00am = 35 dB(A) LAeq,adj,T
65. A Food and Drink Outlet is approved and must be operated within the area identified on
the approved plans.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
ADVISORY NOTES:
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.
Preparation of a Preliminary Construction Management Plan
3. A preliminary Construction Management Plan must be submitted with the 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
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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:
vi. contact details for the on-site manager
vii. dispute resolution procedures
f. details on the location of external fill/dump sites, 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 Pre-Start Meeting for the project.
Private Infrastructure
4. All private infrastructure for the development must be designed to meet the planning
scheme requirements unless otherwise agreed by the relevant authority
Infrastructure Charges
5. 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-
development/development-tools-guidelines/infrastructure-charges
7. PROPERTY NOTES
Not applicable.
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 Access, Stormwater, Landscaping,
Works Earthworks, Roadworks and Frontage Works
Development Permit for Building Works Private Certification
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10. SUBMISSIONS
Application - MCU18/0102
There were 5 properly made submissions about the application.
Application – MCU18/0102.02
There were 0 properly made submissions about the application.
Application – MCU18/0102.03
There were 0 properly made submissions about the application.
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.
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.
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.
Yours faithfully,
Patrick Murphy
Manager | Development Assessment
Development & Regulation
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 15 November 2018.
• Negotiated Decision Notice – 21 March 2019, with an amendment to conditions 36 ,52 & 64 and delete conditions 63.
• Decision Notice – Generally in Accordance – MCU18/0102.01 – 20 April 2021.
• Decision Notice – Other Change – MCU18/0102.02 – 18 January 2024, add additional condition 65 and delete condition
8.
• Decision Notice – Other Change – MCU18/0102.03, with an amendment to conditions 2, 4 & 65.
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Document Set ID: 24552191
Version: 4, Version Date: 23/02/2026
Page 15
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
appeal, other than an eligible submitter who is not a principal
(i) who may appeal a matter (the appellant); and
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 (5) A notice of appeal given to a person who may elect to be a co-
agency; or respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the (6) A person elects to be a co-respondent by filing a notice of election,
deemed refusal happens; or 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 231 Other appeals
premises – 20 business days after a notice us published under
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
section 269(3)(a) or (4); or
the Supreme Court decides a decision or other matter under this
(d) for an appeal against an infrastructure charges notice – 20 Act is affected by jurisdictional error, the decision or matter is non-
business days after the infrastructure charges notice is given appealable.
to the person; or
(2) The Judicial Review Act 1991, part 5 applies to the decision or
(e) for an appeal about a deemed approval of a development matter to the extent it is affected by jurisdictional error.
application for which a decision notice has not been given –
(3) A person who, but for subsection (1) could have made an
30 business days after the applicant gives the deemed
application under the Judicial Review Act 1991 in relation to the
approval notice to the assessment manager; or
decision or matter, may apply under part 4 of that Act for a
(f) for any other appeal – 20 business days after a notice of the statement of reasons in relation to the decision or matter.
decision for the matter, including an enforcement notice, is
(4) In this section –
given to the person.
decision includes-
Note –
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 (c) the making of a decision or failure to make a decision; and
in the appeal.
(d) a purported decision; and
(5) If an appeal is only about a referral agency’s response, the
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
Judicial Review Act 1991 or otherwise, whether by the
(i) the establishment cost of trunk infrastructure identified in Supreme Court, another court, a tribunal or another entity; and
a LGIP; or
(c) is not subject to any declaratory, injunctive or other order of
(ii) the cost of infrastructure decided using the method the Supreme Court, another court, a tribunal or another entity
included in the local government’s charges resolution. 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 (1) A person who is appealing to the P&E Court must comply with the
tribunal or P&E Court, a notice of appeal that- rules of the court that apply to the appeal.
(a) is in the approved form; and
(2) However, the P&E Court may hear and decide an appeal even if
(b) succinctly states the grounds of the appeal. 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 15 of 15
Document Set ID: 24552191
Version: 4, Version Date: 23/02/2026
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