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Negotiated Decision Notice - RAL26 0011 (As Published)
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6245
Our Reference: RAL26/0011
Your Reference: 24-0565P
26 August 2026
Sunshine Butterflies Inc
C/- Therefor Group
PO Box 436
NEW FARM QLD 4005
[email protected]
Dear Sir/Madam,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On
20 August 2026, Council decided your representations. This negotiated decision notice replaces
the decision notice of 21 July 2026.
Details of the negotiated decision are as follows:
1. APPLICATION DETAILS
Application No: RAL26/0011RAL26/0011
Street address: 472 & 474 Mckinnon Dr, Cooroibah Qld 4565
Real property description: Lot 1 SP 199340, Lot 2 SP 199340
Planning Scheme: Noosa Plan 2020 (Amendment 3 20 March 2026)
2. DECISION DETAILS
Council on 21 July 2026, decided to issue the following type of approval:
• Reconfiguring a Lot - Rural Residential
In relation to representations, Council on 20 August 2026 decided to:
A. Agree to amend condition 9.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for compliance assessment.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 22 July 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 table below.
Plan No. Rev. Plan/Document Name Date
24-0565P-01 A Plan of Reconfiguration, prepared by therefor Group 03/12/2025
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Boundary Encroachments
5. 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
complies with the relevant provisions of the planning scheme and the Building Act
1975, unless varied by this Decision Notice;
b. all utility services and connections (e.g., electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement;
c. all existing and proposed 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;
d. all dams (including ponded water, dam walls and associated spillway structures) are
wholly located within the boundaries of a single lot; and
e. all retaining walls and structures are fully contained within the lot they retain.
Services
6. 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.
7. 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.
8. 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.
Easement
9. The plan of subdivision submitted to Council for endorsement must include a table which
allocates the benefit of the existing access and services easement (Easement C in Lot 1 on
SP199340) to proposed Lots 1 and 2, as identified on the approved plans in accordance with
Section 22.6.3 of the Registrar of Titles Directions for the Preparation of Plans 2025.
10. 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.
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11. 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.
12. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
13. 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.
Bushfire
14. All reconfiguration works must be carried out in accordance with section 7 and 9 of the
Bushfire Hazard Assessment & Management Plan listed within this Decision Notice.
15. A copy of the Bushfire Hazard Assessment & Management Plan listed within this Decision
Notice must be provided to the nearest fire authority.
16. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the bushfire management conditions
of this Decision Notice.
*(Refer Advisory Note)
17. A clause must be included in the contract of sale for Lot 2 which requires future dwellings to
be constructed in accordance with sections 7 and 9 of the Bushfire Hazard Assessment &
Management Plan listed within this Decision Notice.
5. REFERENCE DOCUMENTS
Document No. Rev. Plan/Document Name Date
- 1 Bushfire Hazard Assessment & Management Plan, 12 Mar 2026
prepared by Therefor Group
6. REFERRAL AGENCIES
Concurrence Referral Trigger Response
SARA at DILGP SARA Schedule 10, Part 9, The agency provided its
at DILGP Via MyDAS2 Division 4, response on 29 May 2026
at https://prod2.dev- Subdivision 2, (Reference No.
assess.qld.gov.au/suite 24837846).
Table 1 –
/ (for assistance, A copy of the response is
Reconfiguring a
contact DILGP at 5352 attached
9701 or lot within 25m of a
email:SEQNorthSARA [email protected] transport corridor
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7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to: https://www.noosa.qld.gov.au/Planning-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
Plan Sealing
2. All works required by this permit must be completed and accepted by Council prior to
submitting an application for plan sealing.
Qualified Person
3. For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
with the bushfire requirements of this Decision Notice a qualified person is considered to be
an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
and management.
8. PROPERTY NOTES
RAL26/0011 – Bushfire Management
1. The following notation applies to approved Lot 2:
To ensure the safety of people and property on this property is maintained, all buildings and
structures must be constructed in accordance with the bushfire management conditions of Council
Approval RAL26/0011 and associated Operational Work approvals.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
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13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Andrew Gaffney
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 21 July 2026.
• Negotiated Decision Notice – 20 August 2026, with an amendment to condition 9.
cc. [email protected]
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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SARA reference: Assessment manager: Street address: Real property description: Applicant name: Applicant contact details: State-controlled road access permit: Human Rights Act 2019 considerations: Representations 2605-52260 SRA 2605-52260 SRA Noosa Shire Council 472 and 474 McKinnon Drive, Cooroibah Lot 2 on SP199340 and Lot 1 on SP199340 Sunshine Butterflies Inc C/- Therefor Group PO Box 436 New Farm QLD 4005 [email protected] This referral included an application for a road access location, under section 62A(2) of Transport Infrastructure Act 1994. Below are the details of the decision: « Approved « Reference: TMR26-049980 « Date: 29 May 2026 ff you are seeking further information on the road access permit, please contact the Department of Transport and Main Roads at [email protected] decision has been assessed for compatibility with human rights under the Human Rights Act 2019. The decision was found not to limit human rights under the Human Rights Act 2019 therefore it is reasonable to conclude the decision is compatible with human rights. An applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules). Copies of the relevant provisions are in Attachment 4. A copy of this response has been sent to the applicant for their information. For further information please contact Helen Reilly, A/Senior Planning Officer, on 4037 3239 or via email SEQNorthSARA@d¢sdilgp.qid.gov.au who will be pleased to assist. Yours sincerely ! Jamaica Hewston Manager ce Sunshine Butterflies Inc c/- Therefor Group, [email protected] State Assessment and Referral Agency Document Set ID: 25097855 Version: 3, Version Date: 26/08/2026 Page 20f7 Page 7 of 14
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2605-52260 SRA enc Attachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations about a referral agency response provisions Attachment 5 - Document referenced in conditions State Assessment and Referral Agency Page 3 of 7 Document Set ID: 25097855 Page 8 of 14 Version: 3, Version Date: 26/08/2026
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2805-52260 SRA Attachment 1—Referral agency conditions (Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development approval relating to this application) (A copy of the document referenced below is found at Attachment 5) No. | Conditions Condition timing Schedule 10, Part 9, Division 4, Subdivision 2, Table 1, Iter 1 (10.9.4.2.1.1) - Reconfiguring a lot near a State transport corridor—The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of Transport and Main Roads to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition(s): 1. (a) Road access is located at approximate GPS: Longitude (a) At all times. 152.990281, Latitude -26.376931, generally in accordance with the Plan of Reconfiguration, prepared by Therfor Group, dated 03-12-2025, drawing no. 24-0565P-01 sheet 2 of 2. revision A (as amended in red by SARA) and is to be maintained at no cost to the Department of Transport and Main Roads. 2. (a) Provide access easements on the title of proposed Lot 1 for the (a) At the time of Plan shared access for proposed Lot 2 generally in accordance with of Survey registration. the Plan of Reconfiguration, prepared by Therfor Group, dated 03-12-2025, drawing no. 24-0565P-01 sheet 2 of 2. revision A (as amended in red by SARA). (b) Within 20 business (b) Provide evidence that part (a) of this condition has been days of registration of complied with to the North Coast Region Corridor Management the easements. Team within the Department of Transport and Main Roads via email at North.Coast.ID. State Assessment and Referral Agency Page 4 of 7 Document Set ID: 25097855 Page 9 of 14 Version: 3, Version Date: 26/08/2026
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2805-52260 SRA Attachment 2—Advice to the applicant General advice 1. Terms and phrases used in this document are defined in the Planning Act 2016. its regulation or the State Development Assessment Provisions (SDAP) (version 3.6). If a word remains undefined it has its ordinary meaning. Public utility works and connection approval 2. The applicant is advised that if any works and/or connections are required to public utility services within a state-controlled road reserve, approval must be given by the Department of Transport and Main Roads under the relevant public utility legislation (electricity, water/sewer, telecommunication), and in accordance with TMR technical standards (Non-Transport Utility Management and Design Manual) Non-Transport Utility Management and Design Manual (Department of Transport and Main Roads). Approvals must be obtained prior to commencing any utility works within the state-controlled road reserve. Please contact the public utility team via [email protected].gov_au for further information on the application and approval process. Document Set ID: 25097855 Version: 3, Version Date: 26/08/2026 State Assessment and Referral Agency Page 5 of 7 Page 10 of 14
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2605-52260 SRA Attachment 5—Document referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 7 of 7 Document Set ID: 25097855 Page 12 of 14 Version: 3, Version Date: 26/08/2026
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(2805-52260 SRA Attachment 3—Reasons for referral agency response (Given under section 56(7) of the Planning Act 2016) The reasons for the SARA’s decision are: « SARA assessed the development against the following code(s) of the State Development Assessment Provisions (SDAP). version 3.6: © State code 1: Development in a state-controlled road environment. « The development complies with the assessment benchmarks of State code 1 of SDAP in that the development: © does not increase the likelihood or frequency of accidents, fatalities or serious injury for users of a state-controlled road © does not adversely impact the structural integrity or physical condition of state-controlled roads. road transport infrastructure, public passenger transport infrastructure or active transport infrastructure © does not adversely impact the function and efficiency of state-controlled roads or future state- controlled roads © does not adversely impact the state's ability to plan, construct, maintain, upgrade or operate state-controlled roads, future state-controlled roads or road transport infrastructure © does not significantly increase the cost to the state to plan, construct, upgrade or maintain state-controlled roads, future state-controlled roads or road transport infrastructure; and © protects community amenity from significant adverse impacts of environmental emissions generated by road transport infrastructure or vehicles using state-controlled roads. Material used in the assessment of the application: « the development application material and submitted plans « Planning Act 2016 « Planning Regulation 2017 * the SDAP (version 3.6), as published by SARA « the Development Assessment Rules « SARA DA Mapping system « State Planning Policy mapping system * section 58 of the Human Rights Act 2019 Attachment 4—Representations about a referral agency response provisions (page left iterticrsaly blank) State Assessment and Referral Agency Page 6 of 7 Document Set ID: 25097855 Page 13 of 14 Version: 3, Version Date: 26/08/2026
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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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