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Decision Notice - Approved by Delegation of Authority - DBW26 0064 & ERR26 0011 (As Published) · DBW26/0064
Officer: Tess Henare
Direct Telephone: 07 5329 6245
Our Reference: DBW26/0064
ERR26/0011
Your Reference: 26-0302
13 October 2026
CW Bishop & T Bishop
C/- Park Lane Planning
PO Box 819
NEW FARM QLD 4005
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 9 October 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW26/0064
Street address: 36 Woongar St, BOREEN POINT QLD 4565
Real property description: Lot 1 RP 92069
Planning Scheme: Noosa Plan 2020 (Amendment 3 - 20 March 2026)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Building Work Assessable Against the Planning Scheme -
Additions to Dwelling House (Biodiversity)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
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 insert where building works of the building commencing, and then compliance
maintained at all times while the use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the works have not substantially started by 9 October
2028, unless an application to extend the currency period is approved by Council.
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
326 (DD) 100 (A) - Floor Plan prepared by Robert Takken Architect 22.05.2026
326 (DD) 002 (A) - Floor Plan prepared by Robert Takken Architect 22.05.2026
326 (DD) 003(A) - Elevations prepared by Robert Takken Architect 22.04.2026
326 (DD) 100 (A) - Site Plan prepared by Robert Takken Architect 22.05.2026
326 (DD) 101 (B) - Floor Plan prepared by Robert Takken Architect 31.07.2026
326 (DD) 102 (A) - Floor Plan prepared by Robert Takken Architect 22.05.2026
326 (DD) 103 (A) - Roof Plan prepared by Robert Takken Architect 22.05.2026
326 (DD) 104 (A) - Floor Plan prepared by Robert Takken Architect 22.05.2026
326 (DD) 105 (A) - Floor Plan prepared by Robert Takken Architect 22.05.2026
326 (DD) 200 (B) - Elevations prepared by Robert Takken Architect 31.07.2026
326 (DD) 201 (A) - Elevations prepared by Robert Takken Architect 22.05.2026
326 (DD) 300 (A) - Sections prepared by Robert Takken Architect 22.05.2026
326 (DD) 301 (A) - Sections prepared by Robert Takken Architect 22.05.2026
Damage to Services and Assets
4. 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:
i. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
ii. 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.
Flood Immunity and Earthworks
5. The minimum floor levels of all habitable rooms must be at least 300 millimetres above the
Defined Flood Event – 1% AEP.
Demolition of Relevant Structures
Codes of Development
6. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
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Works
7. Demolition must be undertaken 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.
Waste Management
8. Adequate areas must be provided on-site for the collection and separate storage of
recyclable, non-recyclable, vegetative and hazardous materials in their specific waste
streams during removal or demolition works.
9. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
Environment
10. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, stormwater drain or adjacent properties.
Health and Safety
11. All building materials containing asbestos cement sheeting or roofing and lagging, are
removed from the building prior to demolition.
12. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
13. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
14. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment and Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
ENVIRONMENTAL
Prior to Commencement of Works
15. Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer
to Retention of Existing Trees Conditions)
During Construction
16. All tress and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
17. Existing vegetation on the site must be retained, except where nominated for removal, as
shown on the approved plan (Floor Plan, prepared by Robert Takken Architect, dated 22
May 2026) listing within this Decision Notice.
Fauna Management
18. Fauna or fauna habitat relating to any approved tree removal/clearing works must be
managed by a qualified person*.
*(Refer to Advisory Note)
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Removal and Replacement of Trees and Existing Vegetation
19. Vegetation removal, felling and lopping must:
i. Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
ii. Mulch all other wood and leaf material (without root balls, soil or debris and minimising
weed seeds) for re-usable mulch.
iii. Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
of three months.
iv. Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
between piles.
v. Conclude with the area being stabilised against erosion, landscaped, rehabilitated and
revegetated
*(Refer to Advisory Note)
20. A qualified person* must be engaged to manage fauna prior and during clearing to:
i. Undertake a pre-clearance survey no more than 48 hours prior to the commencement
of clearing works and to be always present during clearing works
ii. Ensure clearing works avoids nesting times of animals and birds.
iii. Co-ordinate staging and sequence of clearing with fauna protection.
iv. Protect and recover fauna during clearing operations (fauna not previously removed).
v. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
vi. Undertake protection works for mulching of any stockpiled vegetation.
*(Refer to Advisory Note)
21. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
i. Stump grinding to below finished surface level.
ii. Rectification to the finished surface levels and materials.
iii. No damage to other vegetation for retention.
iv. Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
22. Replacement planting is to be undertaken post-clearing as follows:
i. Replacement at a ratio of 2 replacement trees for each tree removed.
ii. Replacement species are to include Eucalyptus racemosa (Scribbly gum) species,
Lophostemon confertus (Brush box) Banksia integrifolia (Coast banksia) Melaleuca
quinquenervia (Paperbark) or a suitable alternative selected from the Noosa Plan 2020,
PSP 2 Landscaping for that area.
iii. Minimum size 140-200mm
iv. Trees are to be planted within existing cleared areas, clear of existing and approved
infrastructure and where possible positioned to soften the built form of the development
when viewed from neighbouring properties.
Land Rehabilitation
23. Rehabilitation (replacement planting) works must be supervised, undertaken and certified by
quailed persons*.
*(Refer to Advisory Note)
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Following Construction
24. Prior to commencement of use the following (prepared by respective qualified persons* and
certifying compliance with approvals) must be submitted to Council:
i. Landscaping certification confirming that all replacement planting works have been
completed in accordance with conditions of approval.
ii. Tree stock certification confirming that tree stock used for replacement planting
complies with AS 2303:2018
*(Refer to Advisory Note)
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:
Infrastructure Charges
1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to: https://www.noosa.qld.gov.au/Planning-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
Equitable Access and Facilities
2. 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
Biosecurity Act 2014 – Fire Ant Control
3. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls
Qualified Person
Qualified Person, for the purpose of:
4. for the purpose of managing fauna, a qualified person is considered to be a certified Fauna
Spotter Catcher.
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5. For the purpose of undertaking, supervising tree clearing and protection works and preparing
arboriculture certification, is considered to be a person with a minimum three years current
experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide
to assessment of tree quality (NATSPEC) assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture (min QGF level 5).
6. Undertaking rehabilitation planting and establishment works is considered to be a person
with five years current experience in revegetation and regeneration.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable.
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.
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,
Tess Henare
Development Planner | Development Assessment
Development & Regulation
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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