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Minor Change Existing Approval - MCU23 0109.01, OPW23 0123.01 & RAL23 0017.01 (As Published)
Officer: Tiani Bird
Direct Telephone: 07 5329 6245
Our Reference: MCU23/0109.01
OPW23/0123.01
RAL23/0017.01
Your Reference: 25-6391
30 October 2025
20 Kauri Development Pty Ltd
C/- Building Approvals United QLD
PO Box 1837
COOLUM BEACH QLD 4573
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 17 September 2025, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU23/0109.01, OPW23/0123.01 & RAL23/0017.01
Street address: 20 Kauri St, Cooroy Qld 4563
Real property description: Lot 1 RP 203032
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 20 May 2024.
• Development Permit for a Material Change of Use - Multiple dwelling (10 small dwellings),
• Development Permit for Reconfiguring a Lot (Community Title)
• Development Permit for Operational Works (Road work, Stormwater, Drainage Work,
Earthworks and Landscaping).
In relation to the request to make a minor change to the existing approval, Council on 29 October
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change, and
B. Include additional conditions 39 (a) through to 39 (l)
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
MCU23/0109 - MATERIAL CHANGE OF USE - MULTIPLE DWELLING (10 SMALL
DWELLINGS)
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.
Currency Period
2. This development approval lapses if the use has not happened by 14 May 2030, 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 any Development Permit for Building Works*
Plan No. Rev. Plan/Document Name Date
202304 DA.08 A Upper Floor prepared by Black Wood 03.08.2023
202304 DA.09 A Roof Plan prepared by Black Wood 03.08.2023
202304 DA.10 A Site Elevations & Sections prepared by Black 03.08.2023
Wood
202304 DA.12 A Building 1/2 – Roof & Elevations prepared by 03.08.2023
Black Wood
202304 DA.13 A Building 1/2 – Sections prepared by Black Wood 03.08.2023
202304 DA.15 A Building 3/4 – Roof & Elevations prepared by 03.08.2023
Black Wood
202304 DA.16 A Building 3/4 – Elevations & Sections prepared by 03.08.2023
Black Wood
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The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
202304 DA.07 A Ground Floor prepared by Black Wood 03.08.2023
202304 DA.11 A Building 1/2 - Ground & Level 1 prepared by 03.08.2023
Black Wood
202304 DA.14 A Building 3/4 - Ground & Level 1 prepared by 03.08.2023
Black Wood
ED 23153 OPW A Landscape Plan Operational Works prepared by 30.06.2023
- 02 Element Design
ED 23153 OPW A Landscape Plan Operational Works prepared by 30.06.2023
- 03 Element Design
Amendments • Provide a minimum of four motorbike parking spaces on site, or
alternatively, provide a third visitor car park in lieu of motorcycle
spaces.
*(Refer to Advisory Note)
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground level.
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the buildings do not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
6. Security in the form of a cash bond or trading bank guarantee to the sum of $60,000 must
be submitted to Council, to secure performance of all conditions of this approval 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.
Water & Sewer Connections
7. 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).
8. 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
9. 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.
10. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
11. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures, except where required to satisfy any privacy
condition of this Decision Notice.
12. All balustrades to decks and balcony areas must be open or transparent.
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13. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
14. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Fencing and Walls
15. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
and articulated to provide visual interest by stepping the design. Any fencing on the front
boundary must either:
a. not exceed a maximum height of 1.2 metres
b. be of open construction.
16. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Protection of Privacy
17. To ensure privacy is protected between adjoining properties, any windows
• on upper level of the western building face of Building 4; and
• on the upper level of the southern building face of all buildings
that result in overlooking of the childcare centres located to the south and north-west must
either:
a. have a minimum window sill height or 1.7 metres above floor level; or
b. be fitted with translucent glazing; or
c. be fitted with a fixed external screen.
Landscaping Works
18. The development site must be landscaped. The works must be undertaken in accordance
with Operational Works approval OPW23/0123, PSP 2 - Landscape and the Noosa Plan
2020 for that specific area and must include in particular:
a. the works shown on the Approved Plans
b. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage
19. 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.
Waste Management
20. 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
Building Works.
Community Management Statement
21. 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.
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22. 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. The dwelling units are not permitted to be used for short term accommodation, unless
where identified as accepted development by the Noosa Plan or where there is a
Development Permit for Material Change of Use for Short Term Accommodation in
effect. Short term accommodation means the use of the premises for providing
accommodation of less than 3 consecutive months to tourists or travellers.
ENGINEERING
External Works
23. Kauri Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with the conditions of this approval and Operational
Works approval OPW23/0123, be generally in accordance with SCG Consulting’s Driveway
& Access Plan (OW4.1, Rev. B) dated 7 March 2024 and must include in particular:
a. construction of a transitional pedestrian footpath in accordance with the conditions of
this Decision Notice; and
b. removal of the existing property access 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.
Site Access and Driveways
24. A sealed access driveway must be provided from Kauri Street to all parking and manoeuvring
areas of the development. The works must be undertaken in accordance with the conditions
of this approval and Operational Works approval OPW23/0123, and be generally in
accordance with SCG Consulting’s Driveway & Access Plan (OW4.1, Rev. B) dated 7 March
2024 and Driveway Details (OW4.3) dated June 2023 and must include in particular:
a. a driveway crossover in accordance with Council’s standard drawing RS-051.
Car Parking
25. A minimum of ten (10) covered and two (2) uncovered car parking spaces and either an
additional uncovered carpark space or four (4) motorbike spaces must be provided and
marked on the site. The works must be undertaken in accordance with the conditions of this
approval and Operational Works approval OPW23/0123, be generally in accordance with
SCG Consulting’s Driveway & Access Plan (OW4.1, Rev. B) dated 7 March 2024 and must
include in particular:
a. Three visitor spaces or two visitor car parking and four motorbike spaces within the
total, which are clearly marked for that purpose and accessible at all times for visitor
use; and
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Pedestrian and Bicycle Facilities
26. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with the conditions of this approval and Operational Works
approval OPW23/0123, be generally in accordance with SCG Consulting’s Driveway &
Access Plan (OW4.1, Rev. B) dated 7 March 2024 and must include in particular:
a. a transitional concrete footpath adjacent to each side driveway crossover.
Stormwater Drainage
27. 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 approval
and Operational Works approval OPW23/0123, be generally in accordance with SCG
Consulting’s Stormwater Management Plan (SW1.1, Rev. B) dated 7 March 2024.
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28. A minimum of 10 business days prior to arrange the prestart meeting, provide, and have
accepted by Council, a water balance model for the proposed roofwater storage tanks which
justifies the proposed size of the tanks; for example, by demonstrating that 80% of the reuse
demand can be met with the proposed configuration. As part of the model, include plans
showing the areas to be irrigated by each tank and state reuse demand assumptions for all
categories of fixtures.
Services
29. Underground reticulated electricity and telecommunication services must be provided to
each lot/unit in accordance with the conditions of this approval and the standards and
requirements of the relevant service provider.
30. 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.
31. 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.
Easements
32. 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.
33. 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.
34. 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
35. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be undertaken in accordance with the conditions of this
approval and Operational Works approval OPW23/0123, be generally in accordance with
SCG Consulting’s Bulk Earthworks Plan (OW3.1) dated June 2023 and contained entirely
within the subject site unless written permission from the respective landowner(s) is provided
to Council.
36. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
37. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
38. 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.
39. 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.
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Additional Conditions – 29 October 2025
DEMOLITION WORKS
Codes of Development
39. (a) 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.
Works
39. (b) 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
39. (c) Adequate area 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.
39. (d) 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.
39. (e) Where a development permit has not been issued for the future use of the site, hard
surfaced areas including concrete slabs must be removed and disturbed areas must be
revegetated in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively,
the site must be turfed within 20 business days of completing the removal or demolition
work.
Health and Safety
39. (f) All building materials containing asbestos, including asbestos cement sheeting or roofing
and lagging, are removed from the building prior to demolition or relocation.
39. (g) Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
39. (h) 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.
39. (i) 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 &
Science licenses businesses that transport asbestos waste, and landfills that accept this
waste.
General
39. (j) Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
39. (k) Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
pre-existing conditions.
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Plumbing and Drainage
39. (l) It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
RAL23/0017 - RECONFIGURING A LOT (COMMUNITY TITLE)
When Conditions Must Be Complied With
40. Unless otherwise stated, all works required by the conditions of this Decision must be
completed prior to submission of the subdivision plan to Council for compliance assessment.
Currency Period
41. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 14 May 2030, unless
an application to extend the currency period is approved by Council.
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below.
Plan No. Rev. Plan/Document Name Date
202304 DA.05 A Property Plan prepared by Black Wood 08.08.2023
42. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Water & Sewer Connections
43. 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
44. 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.
45. 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.
46. 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
47. 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 subdivision plan to Council for
compliance assessment.
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48. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
49. Prior to Council sealing the plan of survey, all works described within this Decision Notice
must be completed and accepted by a Council representative.
OPW23/0123 - OPERATIONAL WORKS (ROAD WORK, STORMWATER, DRAINAGE WORK,
EARTHWORKS AND LANDSCAPING).
APPROVED PLANS
50. 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. The plans must be amended to incorporate the
amendments listed within the table below and resubmitted to Council prior to the issue of any
Development Permit for Building Works*
Plan No. Rev. Plan/Document Name Date
OW3.1 . Bulk Earthworks Plan prepared by SCG Consulting June 2023
OW4.1 B Driveway & Access Plan prepared by SCG Consulting 07.03.2024
OW4.2 B Driveway Levels prepared by SCG Consulting 07.03.2024
OW4.3 . Driveway Details prepared by SCG Consulting June 2023
SW1.1 B Stormwater Management Plan prepared by SCG 07.03.2024
Consulting
SW1.2 A Retention / Detention Tank Details prepared by SCG 07.03.2024
Consulting
SW1.3 A Stormwater Details prepared by SCG Consulting 07.03.2024
ED 23153 A Landscape Plan Operational Works prepared by 30.06.2023
OPW - 01 Element Design
ED 23153 A Plant Schedule & Specification Sheet prepared by 30.06.2023
OPW - 04 Element Design
ED 23153 A Landscape Plan Details Sheet prepared by Element 30.06.2023
OPW - 05 Design
- - Australian Tree Contractors & Arboricultural 10.09.2024
Consultants Managing Trees in the Urban
Environment prepared by Kurt Brown
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The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
ED 23153 A Landscape Plan Operational Works prepared by 30.06.2023
OPW - 02 Element Design
ED 23153 A Landscape Plan Operational Works prepared by 30.06.2023
OPW - 03 Element Design
Amendments • Provide a minimum of four motorbike parking spaces on site, or
alternatively, provide a third visitor car park in lieu of motorcycle
spaces.
*(Refer to Advisory Note)
CURRENCY PERIOD
51. The Currency Period for this development approval lapses if the development has not
substantially started by 14 May 2026, unless an application to extend the currency period is
approved by Council.
SITE SPECIFIC CONDITIONS
Bonds
52. A site control and/or compliance bond of $20,000 is to be submitted to Council prior to the
pre-start meeting. The pre-start meeting will only be held once Council's Construction
Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
53. Bonds must:
a. have approval of the bond calculations and amount from Council prior to lodgement.
b. be lodged with Council and accompanied by the Bond Administration Fee/s.
c. be requested for release by writing to Council, when relevant approval requirements
have been met.
ENGINEERING
PRIOR TO COMMENCEMENT OF WORKS
Engineering
54. 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.
55. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting / prior to any works commencing.
56. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
57. 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
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d. Other relevant parties.
58. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control 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
v. No queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off.
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;
ii. dispute resolution procedures; and
h. For haulage operations involving significant volumes of fill material or excavated
material being transported onto or off the site: details on the location of external fill
sites/sources, the haulage route, type of vehicle to be utilised during filling operations
and frequency of usage. NB any damage to the existing road system as a result of
haulage operations shall be fully repaired at the applicant’s expense.
59. Prior to the commencement of municipal works associated with this development, Council
requires the provision of a bank guarantee, or a cash bond, of not less than 10% (minimum
of $1,500) of the value of the municipal works.
60. 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.
61. 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.
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DURING CONSTRUCTION
Engineering
62. 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.
63. 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.
64. 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.
Works within Road Reserve/Reinstatement
65. Safe vehicle and pedestrian 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.
66. 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.
67. 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.
Pathways
68. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065;
b. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards;
c. All paths must have a slip resistant surface;
d. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists; and
e. The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
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69. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety; and
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
70. Driveway crossovers must be constructed in accordance with council’s Standard Drawing
RS-051 and any associated addendum.
71. 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.
72. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete;
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
d. 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; and
e. 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
73. 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 Council signing
the Plan of Survey.
74. Fall protection must be provided to retaining walls that are over 1m high.
75. 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
76. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
77. 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).
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78. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
79. 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.
80. 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.
81. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards * (Refer to Advisory Note).
82. 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.
83. 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.
84. Prior to the completion of the development and commencement of use, all site surfaces must
be effectively stabilised using methods which have achieved effective short-term stabilisation
and which will continue to achieve effective stabilisation in the medium to long-term.
For the purpose of this condition, an effectively stabilised surface is defined as one that does
not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion
or lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
85. 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.
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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 COUNCIL SIGNING THE PLAN OF SURVEY
Certification
86. 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.
On Maintenance
87. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On
Maintenance’, the supervising RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit;
b. as Constructed details in accordance with Council’s Planning Scheme Policy; and
c. maintenance and operational manuals for all proprietary or site specific devices.
Off Maintenance
88. Prior to requesting an Off Maintenance inspection, the developer must provide a written
request for the Off Maintenance inspection.
89. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements; or
b. submitted certification falsely states works comply with approval requirements.
90. 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.
LANDSCAPING
DURING CONSTRUCTION
Retention of Existing Trees and Vegetation
91. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
92. A qualified person * must be engaged for the duration of the works to:
a. Ensure works are carried out in accordance with the approved Arborist Report
b. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
c. Supervise tree protection within the development site, frontages, and Environmental
Park (western boundary) prior to, during and following construction in accordance with
AS 4970, Protection of trees on development sites.
d. Oversee approved tree removal in proximity to retained trees.
e. Undertake a risk assessment of all trees within striking distance of the development
works and site and carry out hazard removal and amenity pruning in accordance with
AS 4373, Pruning of amenity trees.
*(Refer to Advisory Note)
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93. 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. The relevant conditions of the higher order Material Change of Use approval viz. Insert
MCU23/0109 to which this approval relates.
c. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
d. The latest version of Water Sensitive Urban Design Technical Design Guidelines for
South East Queensland (Healthy Waterways) for all water quality devices to be
constructed on site.
Vegetation Clearing
94. Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas, possums, birds
etc.) If wildlife is present, the tree vegetation must not be felled or pruned until the wildlife
has left vegetation or has been relocated by a qualified fauna spotter catcher.
*(Refer to Advisory Note)
95. All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
Landscaping Works
96. 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)
97. 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.
98. Street trees must:
a. Meet AS2303 Tree stock for landscape use.
b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
FOLLOWING CONSTRUCTION
Supervision/Certification
99. Prior to commencement of use 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. NATSPEC certification (Specifying Trees: a guide to assessment of tree quality
addressing each specimen).
(* Refer to Advisory Note)
5. REFERRAL AGENCIES
Not Applicable.
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6. 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-
development/development-tools-guidelines/infrastructure-charges
Aboriginal Cultural Heritage Act 2003
2. 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
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
3. 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.
Development Compliance Inspection
4. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
5. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plans to Council’s Development Assessment
Branch with the Reference No. MCU23/0109. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Building Works.
Sustainability
6. 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.
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Building and Construction Industry (Portable Long Service Leave) Levy
7. 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
8. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority.
General Advisory Notes
9. 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.
10. 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.
11. 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.
12. 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.
Prestart, On and Off Maintenance Inspections Request
13. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
14. 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.
15. A minimum maintenance period of 12 months will apply to all municipal works and thereafter
until such time as the works are performing in accordance with the approved design unless
noted otherwise.
Environmental Advisory Notes
16. 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
17. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
18. 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).
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19. 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
20. 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
21. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
22. 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 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.
d. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Landscape Works
23. 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.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Tiani Bird
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 20 May 2024.
• Decision Notice – Minor – MCU23/0109.01, OPW23/0123.01 & RAL23/0017 – 29 Oct 2025, include additional conditions 39 (a) to
39 (l).
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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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