Original source · versioned page text
Approved Decision Notice - MCU26 0040, OPW26 0066 & RAL26 0013 (As Published)
Officer: Georgina Schramm
Direct Telephone: 07 5329 6245
Our Reference: MCU26/0040,
OPW26/0066,
RAL26/0013
Your Reference: 0326MCUOPW270226
13 August 2026
Pace Planning Pty Ltd
9 Panorama Ridge Rd
BUDERIM QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 7 August 2026, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU26/0040, OPW26/0066 & RAL26/0013
Street address: 18 Taylor Ct, Cooroy Qld 4563
Real property description: Lot 2 SP 197517
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 a Material Change of Use - Low Impact Industry, Transport Depot
(54 units)
• Development Permit for Operational Works – Road Work, Drainage Work, Stormwater,
Earthworks & Landscaping
• Development Permit for Reconfiguring a Lot – Community Title Subdivision (1 Lot into 54
Lots)
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 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 26 pages
Page 2
4. ASSESSMENT MANAGER CONDITIONS
DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE - LOW IMPACT INDUSTRY,
TRANSPORT DEPOT (54 UNITS)
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.
Sunset Clause for Completion of Approved Development
2. Pursuant to s88(1) of the Planning Act 2016, the uncompleted aspects of this development
approval lapses if the whole of the approved use has not happened by 9 August 2032,
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 tables below.
The plans must be amended to incorporate the amendments listed within the table below
and resubmitted to Council prior to the issue of Building Works or prior to prestart meeting
(whichever comes first)*.
Plan No. Rev. Plan/Document Name Date
03 I 3D Views prepared by Building Suncoast Green 26.05.26
04 I Site / Floor Plan Level 1 – OPT 5 (Staging Plan) prepared 26.05.2026
by Building Suncoast Green
Annotated by Council
06 I Floor Plan – Building A_Level 2 prepared by Building 26.05.26
Suncoast Green
08 I Floor Plan – Building B_Level 1 prepared by Building 26.05.26
Suncoast Green
09 I Floor Plan – Building B_Level 2 prepared by Building 26.05.26
Suncoast Green
10 I Roof Plan – Building B_ Level 3 prepared by Building 26.05.26
Suncoast Green
11 I Floor Plan – Building C_Level 1 prepared by Building 26.05.26
Suncoast Green
12 I Floor Plan – Building C_Level 2 prepared by Building 26.05.26
Suncoast Green
13 I Roof Plan – Building C_Level 3 prepared by Building 26.05.26
Suncoast Green
14 I Floor Plan – Buiding D_Level 1 prepared by Building 26.05.26
Suncoast Green
15 I Floor Plan – Building D_Level 1 prepared by Building 26.05.26
Suncoast Green
Page 2 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 3
16 I Floor Plan – Building D_Level 2 prepared by Building 26.05.26
Suncoast Green
17 I Floor Plan – Building D_Level 2 prepared by Building 26.05.26
Suncoast Green
18 I Floor Plan – Building D_Level 3 prepared by Building 26.05.26
Suncoast Green
19 I Floor Plan – Building D_Level 3 prepared by Building 26.05.26
Suncoast Green
20 I Sections prepared by Building Suncoast Green 26.05.26
21 I Sections prepared by Building Suncoast Green 26.05.26
24 I Elevations – Building B prepared by Building Suncoast 26.05.26
Green
26 I Elevations – Building D prepared by Building Suncoast 26.05.26
Green
27 I Elevations – Building D prepared by Building Suncoast 26.05.26
Green
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
01 I 3D Views prepared by Building Suncoast Green 26.05.26
02 I 3D Views prepared by Building Suncoast Green 26.05.26
05 I Floor Plan – Building A_ Level 1 prepared by 26.05.26
Building Suncoast Green
06 I Floor Plan – Building A_Level 2 prepared by Building 26.05.26
Suncoast Green
07 I Roof Plan – Building A_Level 3 prepared by Building 26.05.26
Suncoast Green
22 I Elevations – Building A prepared by Building 26.05.26
Suncoast Green
23 I Elevations – Building A prepared by Building 26.05.26
Suncoast Green
25 I Elevations – Building C prepared by Building 26.05.26
Suncoast Green
Amendment 1 Remove the Caretaker’s Accommodation unit in its entirety, while
maintaining the degree of articulation along the Building A interface,
while retaining the screening element that addresses and defines the site
entrance.
Page 3 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 4
Amendment 2 Extend the roof form of Building C along the northern elevation to provide
additional depth and articulation to the façade and create a clearer
distinction between the ground and second storey.
This may be achieved through the incorporation of aluminium panel
cladding across the full extent of the second storey, or a similar
architectural treatment that enhances the visual separation and breaks
up the northern elevation.
*(Refer to Advisory Note)
Development Staging
4. The development may be staged in accordance with the stage boundaries shown on the
Approved Plans.
Nature and Extent of Approved Use
5. The approved use consists of Low Impact Industry tenancies and Transport Depot
(contractors depot).
6. Vehicles associated with the Transport Depot must not be parked within any communal
parking areas for a period exceeding 24 hours.
7. The approved building/s must not be used for the purpose of a self-storage facility.
8. Any administrative functions or retail sale of goods must remain an ancillary component to
the approved use in each tenancy, and must have a direct relationship with the industrial use
(i.e. result from the industrial business activity) and must not exceed 30% of the total gross
floor area of each tenancy.
9. Any food and drink outlet must remain an ancillary component to the approved use, have a
direct relationship with the industrial use (i.e. result from the industrial business activity) and
must not exceed 30% of the total gross floor area of the tenancy or 30m2 whichever is the
lesser.
10. The gross floor area of any retail, food and drink outlet or administration component does not
exceed a combined gross floor area of more than 40% of the total gross floor area of each
tenancy.
Building Height
11. The maximum height of the development must not exceed 10 metres above the ground level.
12. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
13. 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 prior to pre-start meeting. 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
14. 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.
Page 4 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 5
Water & Sewer Connections
15. An underground connection to reticulated water and sewerage must be provided to the
premises in accordance with the standards and requirements of Northern SEQ Distributor–
Retailer Authority (Unitywater).
16. 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 premises.
Building Appearance
17. External design features, materials and finishes must be as shown on the Approved Plans,
with no inclusions or alterations made without approval in writing by Council.
18. External colours and finishes must be of muted environmental tones, with broad expanses
of a single colour not permitted. Walls must be broken up by varying tones or design
elements.
19. Walls built to side and/or rear boundaries must be professionally finished and painted in an
understated colour scheme.
20. Waste storage areas, external approved storage areas, and mechanical equipment are
screened from the street.
21. No part of the site may be used for outdoor storage of materials unless specified on the
Approved Plans or the conditions of this Decision Notice. Materials stored outside of the
building must not exceed 4 metres in height or half the height of the building, whichever is
the greater.
22. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties. Where screened by landscaping, landscaping beds must be at
least 1.5 metres wide.
Staff Amenities
23. On site amenities, including seating, tables and rubbish bins, must be provided for staff
protected from weather and removed from any noisy or odorous activities.
Fencing and Walls
24. A 2.0-metre-high solid screen fence must be erected along the full length of the boundaries
of a site where not a building.
Landscaping Works
25. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. the works shown on the approved plans the works shown on the Approved Plans
b. The landscape area must be mulch to a minimum depth of 100mm.
c. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage
26. 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.
Page 5 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 6
Waste Management
27. The waste storage enclosures’ external colours and finishes must be of muted/environmental
tones that blend with the natural environment.
28. A waste storage area must be designed and maintained in accordance with Planning
Scheme Policy PSP9 Waste Management and the Noosa Plan’s Waste Management Code.
The waste storage area must be:
a. imperviously paved and correctly sized for all refuse and recycling containers;
b. bunded and graded so that wastewater and bin leakage drain to the sewer;
c. provided with a conveniently located hosecock and backflow prevention device,
connected to a water supply to service the area; and
d. roofed or otherwise covered.
29. A Waste Management Plan must be prepared that details the type and quantity of waste
material that is likely to be generated by the development; where and how the waste will be
stored, disposed of and procedures for handling the waste. The Waste Management Plan
must be submitted and approved by Council prior to the issue of a Development Permit for
Operational Works.
Community Management Statement
30. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
31. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. No overnight accommodation is permitted onsite unless otherwise approved by
Council.
b. Parking of vehicles associated with the Transport Depot (contractors depot) is not
permitted to be parked within the communal spaces for more than 24 hours.
c. Any overnight vehicle storage must relate to the approved Transport Depot (contractors
depot) as defined within the Noosa Plan 2020.
Site Access and Driveways
32. A sealed access driveway must be provided from Taylor Court to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
the conditions of this Decision Notice, be generally in accordance with Barlow Shelley’s
Overall Development Layout Plan (C010, Rev. B) dated 8 May 2026 and must include in
particular:
a. a driveway crossover in accordance with Council’s standard drawing RS-051.
Car Parking
33. A minimum of 126 car parking spaces must be provided and marked on the site and always
made available and accessible while the use is open for business. The works must be
undertaken in accordance with the conditions of this Decision Notice, be generally in
accordance with Barlow Shelley’s Overall Development Layout Plan (C010, Rev. B) dated 8
May 2026 and must include in particular:
a. staff parking spaces within the total, which are clearly marked for that purpose;
b. disabled parking space/s within the total; and
c. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Page 6 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 7
34. The development must be provided with directional signage and linemarking to direct
passenger and service vehicles to the carparking spaces and loading bays provided on site.
The signage and linemarking must identify what vehicles must yield and give way to
oncoming vehicles.
Service Vehicles
35. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works must be undertaken in accordance with the conditions of this Decision Notice and
must always include a loading bay for an articulated vehicle.
Pedestrian and Bicycle Facilities
36. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with the conditions of this Decision Notice, be generally in
accordance with Barlow Shelley’s Overall Development Layout Plan (C010, Rev. B) dated 8
May 2026 and must include in particular:
a. a traffic management system that provides prioritisation to pedestrians that are
manoeuvring from the carpark areas to each building – the system may include
pavement demarcation, linemarking, signage, speed controls or a combination of but
must be implemented between the car parking areas and the buildings.
b. Bicycle parking for a minimum of 10 spaces is to be provided on common property,
with the remaining 34 spaces to be provided through the development.
Stormwater Drainage
37. 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 the conditions of this Decision
Notice and be generally in accordance with Barlow Shelley’s Site-Based Stormwater
Management Plan (2576-SBSMP-01, Ver. 2.0) dated 8 April 2026.
38. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with the conditions of this approval and Water by Design’s
Bioretention Technical Design Guidelines 2014, and must include in particular:
a. stormwater quality treatment devices of a size and location generally in accordance
with those shown in XYZ
b. bioretention device(s) which:
a. are design generally in accordance with IPWEAQ Standard Drawing DS-073,
DS-075 and DS-076; and
b. are provided with a free-draining outlet from the sub-soil drainage system.
39. All bioretention basins must be maintained in accordance with Water by Design’s Maintaining
Vegetated Stormwater Assets (Version 1) 2009.
40. The development shall be provided with approved permanent signage to educate the public
on the function of the bioretention basin. The wording for the signage for the bioretention
basin is to include: “BIORETENTION BASIN – This bioretention basin reduces the pollution
of our waterways by reducing the amount of heavy metals, litter, suspended solids, and
nutrients discharged to Lake MacDonald”.
Services
41. 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.
42. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Page 7 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 8
Easements
43. 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.
44. 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.
45. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
46. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be undertaken in accordance with the conditions
of this Decision Notice, be generally in accordance with Barlow Shelley’s Bulk Earthworks
Plan (C100, Rev. B) dated 8 May 2026 and contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
47. 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.
Page 8 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 9
DEVELOPMENT PERMIT FOR RECONFIGURING A LOT – COMMUNITY TITLE
SUBDIVISION (1 LOT INTO 54 LOTS)
PLANNING
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed for each particular stage prior to submission of the subdivision plan to Council for
compliance assessment.
Sunset Clause for Completion of Approved Development
2. Pursuant to s88(1) of the Planning Act 2016, the uncompleted aspects of this development
approval lapses if the subdivision plan for the last stage of the development has not been
registered by the relevant titles authority by 9 August 2032.
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
04 I Site / Floor Plan level 1 – OPT 5 (Staging Plan) prepared 26.05.2026
by Building Suncoast Green
Annotated by Council
*(Refer to Advisory Note)
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Development Staging
5. The development may be staged in accordance with the stage boundaries shown on the
Approved Plans.
Boundary Encroachments
6. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that:
a. the setback/s to any new boundaries for any existing buildings remaining on the site
comply with the relevant provisions of the planning scheme and the Building Act 1975,
unless varied by this Decision Notice
b. all constructed access and roadworks (including associated fill batters and retaining
walls) are fully contained within a dedicated reserve or registered easement
c. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement
d. all existing effluent disposal areas are wholly located within the lot they serve and
comply with the boundary setback requirements of the Plumbing and Drainage Act
2002 and associated codes and requirements
e. all dams (including ponded water, dam walls and associated spillway structures) are
wholly located within the boundaries of a single lot
f. all retaining walls and structures are fully contained within the lot they retain
g. any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties
Page 9 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 10
h. for the community title scheme, the road pavement changes required by this Decision
Notice accurately demarcate the boundaries of the public and private land.
Water & Sewer Connections
7. 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.
Services
8. 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.
9. 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.
10. Certification must be submitted to Council from all relevant service providers (Energex, NBN)
which certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Community Management Statement
11. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
12. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. No overnight accommodation is permitted onsite unless otherwise approved by
Council.
b. Parking of vehicles associated with the Transport Depot (contractors depot) is not
permitted to be parked within the communal spaces for more than 24 hours.
c. Any overnight vehicle storage must relate to the approved Transport Depot (contractors
depot) as defined within the Noosa Plan 2020.
Page 10 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 11
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS - ROAD WORK, DRAINAGE WORK,
STORMWATER, EARTHWORKS & LANDSCAPING
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. Where there are inconsistencies between the approved plan
and the conditions of the approval, the conditions of the approval override the approved
plans.
The approved plans are listed in the following table unless otherwise amended by these
conditions.
Plan No. Rev. Plan/Document Name Date
C010 B Overall Development Layout Plan prepared by Barlow 8 May 2026
Shelley
C100 B Bulk Earthworks Plan prepared by Barlow Shelley 8 May 2026
C101 B Staged Interface Layout Plan – Sheet 1 prepared by 8 May 2026
Barlow Shelley
C102 B Staged Interface Layout Plan – Sheet 2 prepared by 8 May 2026
Barlow Shelley
C120 B Earthworks Typical Sections (Sheet 1 of 2) 8 May 2026
prepared by Barlow Shelley
C121 B Earthworks Typical Sections (Sheet 2 of 2) 8 May 2026
prepared by Barlow Shelley
C200 B Site Levels Layout Plan prepared by Barlow Shelley 8 May 2026
C210 B Pavement Jointing Plan prepared by Barlow Shelley 8 May 2026
C211 B Pavement Jointing Details prepared by Barlow Shelley 8 May 2026
C300 B Stormwater Drainage Plan prepared by Barlow Shelley 8 May 2026
C310 B Stormwater Catchment Plan prepared by Barlow 8 May 2026
Shelley
C320 B Stormwater Longitudinal Sections prepared by Barlow 8 May 2026
Shelley
C360 B Bio & Detention Basin Details & Plan prepared by 8 May 2026
Barlow Shelley
2025-68 I Landscape Plan – sheet no. 28 prepared by Building 26.05.26
Coast Green
2025-68 I Landscape Plan – sheet no. 29 prepared by Building 26.05.26
Coast Green
2025-68 I Landscape Plan – sheet no. 30 prepared by Building 26.05.26
Coast Green
Page 11 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 12
2025-68 I Landscape Schedule – sheet no. 31, prepared by 26.05.26
Building Coast Green
Currency Period
2. The Currency Period for this development approval lapses if the development has not
substantially started by 6 August 2031, unless an application to extend the currency period
is approved by Council.
SITE SPECIFIC CONDITIONS
Amended Plans
3. Submit a “Signage & Linemarking Plan” that includes directional signage, linemarking and
details of a traffic management system pursuant to Conditions 3 and 5 of this Decision Notice.
The additional plan must be prepared by a suitably qualified person (RPEQ) and be
submitted and approved by Council prior to the pre-start meeting.
Erosion and Sediment Control Plans
4. Submit a site-specific Erosion and Sediment Control Plan in accordance with the
International Erosion Control Association’s (IECA) Best Practice Erosion and Sediment
Control and prepared by a suitably qualified person (RPEQ and/or CPESC). The Plan must
be submitted prior to the commencement of works.
5. Prior to the commencement of bulk earthworks:
a. a hold-point inspection is required with a Council delegate to review that the erosion
and sediment controls on-site generally reflect the Erosion and Sediment Control Plan.
b. certification from a suitably qualified person (RPEQ and/or CPESC) must be submitted
to Council certifying that the erosion and sediment controls on site have been installed
in accordance with the Plan and IECA’s Best Practice Erosion and Sediment Control.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
6. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. civil engineering works;
b. landscape works;
c. erosion and sediment control works; and
d. other relevant parties.
A proxy may be nominated for any party unable to attend the meeting. Council must be
notified of any proxies prior to the pre-start meeting.
7. Submit a copy of the approved plans that are issued “For Construction” and duly signed by
the consultant Registered Professional Engineer of Queensland (RPEQ). Plans must be
submitted and approved by Council prior to the pre-start meeting.
8. Submit certificates demonstrating currency of public liability insurance and works insurance
covering the works. Certificates must be submitted to Council prior to the pre-start meeting.
9. Submit a condition report documenting any existing defects in the road reserve or
infrastructure, including photographs of the site frontage. The report must be submitted to
Council prior to the pre-start meeting.
Page 12 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 13
10. Submit a Construction Management Plan to Council prior to the pre-start meeting. The
Construction Management Plan must specifically address the following:
a. traffic management during all aspects of the construct phase including:
i. a Traffic Management Plan in accordance with Manual of Uniform Traffic Control
Devices (MUTCD) detailing all temporary signage and traffic control measures
prior to construction;
ii. maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the development;
iv. adequate parking arrangements for construction workers and deliveries; and
v. no queuing of trucks is permitted on residential streets;
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 and services and other relevant issues;
e. include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details;
g. identification of complaint management procedures including:
i. contact details for the on-site manager; and
ii. dispute resolution procedures.
11. All necessary approvals from external service providers (e.g., Unitywater) and external
parties on which the development works are proposed have been obtained and a copy
supplied to Council.
12. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
13. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering & Environment
14. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
15. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
Page 13 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 14
16. All works must be constructed and work procedure undertaken in accordance with:
a. the approved plans/documents and conditions detailed in this Decision Notice;
b. all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
c. the latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
Retention of Existing Trees and Vegetation
17. All trees and vegetation identified for retention including vegetation on neighbouring lots must
be protected in accordance with AS 4970, Protection of trees on development sites.
*(Refer to Advisory Note)
Landscaping Works
a. Landscape works must be supervised, undertaken and certified by qualified persons*.
All works must be completed in accordance with this Decision Notice.
*(Refer to Advisory Note)
18. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
Roadworks
19. All pavement widening or construction of new pavement must join neatly to the existing
pavement so that there are no irregularities in line or level resulting at or adjacent to the join
for the length of the construction. Where necessary the existing pavement must be brought
to a satisfactory standard to allow for the above.
Pavement Design and Construction
20. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the driveway and car park areas will remain the
responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
21. Safe pedestrian and vehicle access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out construction
works, Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
22. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
23. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Site Access and Driveways
24. Driveway crossovers must be constructed in accordance with council’s Standard Drawings:
b. RS-051 and any associated addendum.
25. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf and must be maintained by the developer until established.
Page 14 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 15
26. The following must be complied with during the construction of the required
crossover/driveway:
a. the driveway surfacing must consist of an approved hot mixed asphaltic concrete or
patterned/plain concrete;
b. decorative surfaces must be approved by Council, have a maximum 5mm depth
variation in the finished surface profile, and comply with AS4586, AS3661.1 and any
associated addendum;
c. the driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
d. underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
e. where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path;
f. have a minimum clearance of 500mm from any Unitywater/Energex/Telstra asset,
unless a written approval is obtained from Unitywater/Energex/Telstra and submitted
to Council; and
g. the property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage.
The developer is responsible for any necessary relocation of existing services to
provide this clearance and must contact the relevant service authorities and comply
with their requirements in relation to these works.
Earthworks and Retaining Walls
27. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council prior to the
commencement of the use.
28. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
29. Fall protection must be provided to retaining walls that are over 1m high.
30. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas; and
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
31. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
32. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g., by blocking or interfering with natural overland flows).
33. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Page 15 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 16
Erosion and Sediment Control
34. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination.
35. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties.
The sediment and erosion control design and measures have NOT been approved, it is the
site's Supervising Engineer who is responsible for ensuring that the sediment and erosion
control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. Been revised to address predicted rainfall events; and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
36. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer’s instructions and the current best practice
standards. A copy of the latest erosion and sediment control plan, prepared and endorsed
by a suitably qualified person (RPEQ/CPESC), must be made available to Council within 5
business of request.
*(Refer to Advisory Note)
37. All erosion and sediment controls must be inspected to ensure the controls are not being
bypassed. Inspections must occur and be electronically recorded:
a. at least daily (when work is occurring on site) or weekly (when work is not occurring on
site); or
b. within 24 hours of expected rain; or
c. within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to
mobilise sediment on site).
38. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
39. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
Page 16 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 17
Damage to Services and Assets
40. 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.
PRIOR TO THE COMMENCEMENT OF THE USE
Certification/Supervision
41. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
42. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection.
43. Prior to commencement of use, for each stage, the following (prepared by respective
qualified persons* and certifying compliance with approvals) must be submitted to Council:
a. Landscaping certification confirming all works have been constructed in accordance
with conditions of approval.
b. AS2303:2018 certification for all street trees.
*(Refer to Advisory Note)
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
2576-SBSMP-01 2.0 Site-Based Stormwater Management Plan prepared 8 April 2026
by Barlow Shelley
2576-SWMP-01 2.0 Waste Management Plan prepared by Barlow April 2026
Shelley
Page 17 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 18
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Advice Agency Energy Queensland Schedule 10, Part 9, The agency provided its
Limited Level 6, 420 Division 2, Table 1, Item 1 response on 27 March
Flinders Street (10.9.2.1.1) – 2026 (Reference No.
Townsville QLD 4810 Reconfiguring a lot ECM 39501951-
subject to an easement 40677416). A copy of
for the benefit of a the response is
distribution entity under attached.
the Electricity Act for a
supply network; or part of
the lot is within 100m of a
substation site
Schedule 10, Part 9,
Division 2, Table 2, Item 1
(10.9.2.2.1) – Material
Change of use of
premises within 100m of
a substation site or
subject to an easement
for the benefit of a
distribution entity under
the Electricity Act and the
easement is for a supply
network
Schedule 10, Part 9,
Division 2, Table 3, Item 1
(10.9.2.3.1) - Operational
Work on premises
subject to an easement
for the benefit of a
distribution entity under
the Electricity Act for a
supply network; or part of
the lot is within 10m of a
substation site
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Page 18 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 19
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
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.
Advertising Devices
3. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Development Compliance Inspection
4. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Submission of Amended Plans Required
5. The conditions of this Decision Notice require resubmission of plan to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU26/0040, OPW26/0066, RAL26/0013, separate to any
Operational Works application. To avoid delays and assessment issues with the Operational
Works application, it is recommended the plan/s be resubmitted prior to lodgement of any
Operational Works application. However, should the plan/s not be submitted, the applicant
is advised that a Preliminary Approval may be issued in lieu of a Development Permit.
Infrastructure Charges
6. 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
Sustainability
7. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
Performance Bond Agreement
8. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
Page 19 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 20
Fires in Urban Areas
9. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Building and Construction Industry (Portable Long Service Leave) Levy
10. 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.
Community Title Scheme - Private Infrastructure
11. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority.
Road Reserve Permit
12. This development permit provides the applicant with written authority to undertake the
development in accordance with the conditions. Any additional activities that are undertaken
inside Council’s road reserve for the purpose of acting on this development permit may
require a Road Reserve Permit. These additional activities may include, but are not limited
to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
Permit, or for more information, Contact Council’s Road Reserve Officer at
[email protected] Sealing
13. All works required by this permit must be completed and accepted by Council prior to
submitting an application for plan sealing.
Biosecurity Act 2014 – Fire Ant Control
14. 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.
General Advisory Notes
15. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed in accordance with standard drawings RS-051.
16. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
17. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
18. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Page 20 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 21
Prestart and Final Inspections Request
19. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
20. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
Environmental Advisory Notes
21. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
22. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
23. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
24. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination
Retention of Existing Trees
25. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
26. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
27. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
c. Undertaking, supervising tree 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 AS2303:2018 Tree Stock for Landscape
Use assessment and either:
Page 21 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 22
iii. International Society of Arboriculture (ISA) certification; or
iv. A Diploma of Arboriculture.
d. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Landscape Works
28. The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
Register where:
a. An inspection revealed that any constructed rehabilitation/landscape works do not
comply with the conditions of the Decision Notice, Approved Plans and or Approved
Documents
b. Certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
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.
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,
Georgina Schramm
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Advice Agency Response
Infrastructure Charge Notice
Approved Plans/Documents
CC: Energex
Page 22 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 23
Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
Page 23 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026
Page 24
Page 24 of 27 Document Set ID: 25048906 Version: 6, Version Date: 13/08/2026 [OCR of page images] Referral Trigger Impacted Electrical Infrastructure Drainage Work, Stormwater, Earthworks & Landscaping, Reconfiguring a Lot - Community Title Subdivision (1 Lot into 54 Lots) & Schedule 10, Part 9, Division 2, Table 1, Item 1 (10.9.2.1.1) — Reconfiguring a lot subject to an easement for the benefit of a distribution entity under the Electricity Act for a supply network; or part of the lot is within 100m of a substation site & Schedule 10, Part 9, Division 2, Table 2, Item 1 (10.9.2.2.1) — Material Change of use of premises within 100m of a substation site or subject to an easement for the benefit of a distribution entity under the Electricity Act and the easement is for a supply network & Schedule 10, Part 9, Division 2, Table 3, Item 1 (10.9.2.3.1) - Operational Work on premises subject to an easement for the benefit of a distribution entity under the Electricity Act for a supply network; or part of the lot is within 10m of a substation site Easement AA on SP316697 Energex provides the following response to the application in accordance with Section 56(1) of the Planning Act 2016: Component of Development Advice Agency direction MCU/ ROL! OPW & $56(1)(b)(i) — approval subject to stated development conditions In accordance with Section 56(1) should the Assessment Manager decide to approve the proposed Development Application, as an Advice Agency, Energex requires that the assessment manager impose the below conditions. These conditions have been imposed in response to the matters prescribed under Section 55 (2) of the Planning Act 2016. Table 1 Plans forming part of this Approval Title Plan No. Issue Date SITE / FLOOR PLAN LEVEL 1- | 2025-68 I 29.05.26 OPT 05 Overall Development Layout Plan | C010 B 08.05.26 Landscape Plan 2025-68 | 29.05.26 Sheet 30 Table 2 Condition Timing Purpose/Reason 1 Carry out the approved development At all times To ensure the generally in accordance with the approved development is carried out generally Have you seen our fact sheets? See the ‘considerations when developing around electricity infrastructure’ section of our website Document Set ID: 25048906 Version: 6, Version Date: 13/08/2026 Page 24 of 27
Page 25
Page 25 of 27 Document Set ID: 25048906 Version: 6, Version Date: 13/08/2026 [OCR of page images] plans and documents outlined within in accordance with Table 1 of this approval and the following: the plans of * The specifications, facts and development circumstances as set out in the submitted within the development application application submitted to Energex; and * Where a discrepancy or conflict exists between the written conditions of the approval and the approved plans, the requirements of the written conditions prevail. 2 Any alterations to the plans and At all times To ensure the document(s) identified within Table 1 of development is this response are to be resubmitted to carried out generally Energex for comment. in accordance with the plans of development submitted within the application 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 WP1323. 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 Energex). Have you seen our fact sheets? See the ‘considerations when developing around electricity infrastructure’ section of our website www. energex, com.au/referralagency Document Set ID: 25048906 Page 25 of 27 Version: 6, Version Date: 13/08/2026
Page 26
Page 26 of 27 Document Set ID: 25048906 Version: 6, Version Date: 13/08/2026 [OCR of page images] Should you require any further information on the above matter, please contact the undersigned on 0428 943 997 or via email at [email protected] faithfully, me Scott Pearson Senior Town Planner Have you seen our fact sheets? See the ‘considerations when developing around electricity infrastructure’ section of our website www. energex. com au/referalagency Document Set ID: 25048906 Page 26 of 27 Version: 6, Version Date: 13/08/2026
Page 27
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 27 of 27
Document Set ID: 25048906
Version: 6, Version Date: 13/08/2026