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Delegated Report - Code - Planning MCU26 0001 - AS PUBLISHED · MCU26/0001

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Senior Development Planner, Georgina Schramm
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                  MCU26/0001 & OPW26/0002

                  Applicant                        Made Capital C/- Pivotal Perspectives Pty Ltd

                  Proposal                         Material Change of Use - Multiple dwelling (3 x small dwellings,
                                                   1 x dwelling)
                                                   Operational Works – Drainage Work, Stormwater, Earthworks &
                                                   Landscaping.

                  Properly Made Date               8 January 2026

                  Information Request Date         2 March 2026

                  Information Response Date        29 May 2026

                  Decision Due Date                15 September 2026 (extended by agreement)

                  Report Reviewed &                Ben Micallef – 9 September 2026
                  Finalised By


                  PROPERTY DETAILS

                  Property Address                 17 Bottlebrush Ave Noosa Heads Qld 4567

                  RP Description                   Lot 143 RP 88934

                  Land Area                        506m²

                  Existing Use of Land             Residential – dwelling


                  STATUTORY DETAILS

                  SEQRP Designation                Urban Footprint

                  Zone                             High Density Residential

                  Precinct                         Not applicable

                  Local Plan Area                  Noosa Heads

                  Overlays                         Landslide Hazard

                  Assessment Type                  Code




Document Set ID: 24436845
Version: 6, Version Date: 09/09/2026
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               1.     PROPOSAL
               The application seeks approval for a Material Change of Use - Multiple Dwelling (3 x small
               dwellings, 1 x dwelling) and Operational Works – Drainage Work, Stormwater, Earthworks &
               Landscaping.
               The proposed multiple dwelling development comprises four residential units arranged over three
               storeys and a basement. The basement provides seven car parking spaces, serviced by a vehicle
               turntable to facilitate manoeuvring within the site. One of the seven parking spaces is located
               external to the building footprint.
               Units 1 and 2 are located on the first residential level and comprise two-bedroom dwellings with
               private terraces addressing the street frontage, providing an active interface with the public realm.
               Unit 3 occupies the second storey of the development and comprises a three-bedroom dwelling
               featuring generous terraces to both the front and rear of the building, together with a private
               swimming pool.
               Unit 4 is a three-bedroom dwelling incorporating an extensive rooftop terrace, which includes a
               private swimming pool, barbecue area and outdoor living space.
               All dwellings are provided with generous areas of private open space designed to support a high
               level of residential amenity.
               In support of the development application, the applicant has submitted the following technical
               reports:
               •      Geotechnical Investigation Report
               •      Civil Drawings
               •      Stormwater Management
               The locality and proposal plan are included below.




                                                          Figure 1 – Locality




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                                       Figure 2 – Site Plan




                                       Figure 3 – Basement




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                                       Figure 4 – Unit 01 & Unit 02 Floor Plan




                                           Figure 5 – Unit 03 Floor Plan




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                                          Figure 6 – Unit 04 Floor Plan




                                       Figure 7 – Unit 04’s Rooftop Terrace




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                                       Figure 8 – Render of Front Elevation




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                                                       Figure 9 – Materials Palette

               2.     APPLICATION BACKGROUND
               The application was lodged in January 2026, an Information Request issued on 2 March 2026.
               Matters included:
                  - Matters concerns the building presentation, refer to Figure 10 to see amended design.
                  - Bulk and scale, incorrect gross floor area and site cover methodology
                  - Building height
                  - Size of rooftop terrace
                  - Engineering items relating to stormwater, existing infrastructure

               The applicant has responded to the requests through the course of the application and has
               considered of a standard to approve subject to conditions.




                                       Figure 10 – Amended Design – Information Request Response

               Importantly, part of the application process, Council has been involved in conversations with
               surrounding residences. The possibility of retaining an existing banksia tree at the rear of site was
               explored, however consequence of it’s TPZ and current health, it was taken to be inappropriate for
               retention. The applicant proposes to plant numerous banksia integrofila along the rear boundary


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               as a substitute. This is considered appropriate in considering the zoning of the site and substitute
               plantings.

               3.     SITE DETAILS
               3.1. Site History
               Existing dwelling house from the early 2000s remains on the site.




               3.2. Site Description
               The subject site is a 506m2 rectangular lot that slopes steeply from the road frontage to the rear
               of the block. The site currently contains a dwelling house that will be removed to enable
               construction of the proposed development.
               3.3. Surrounding Land Uses
               The subject site is surrounded by dwelling houses and unit developments. The site is adjacent to
               Council’s Bottlebrush Avenue Carpark, in proximity to Noosa Junction.
               4.     ASSESSMENT
               4.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020 (Amendment 2 - 26 September 2025).
               4.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      High Density Residential Zone Code;
               •      Noosa Heads Local Plan Code;
               •      Multiple Dwelling and Dual Occupancy Use Code;

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               •      Works Codes;
               •      Landslide Hazard Overlay Code.
               The subject site is located in Noosa Heads and is zoned High Density Residential. The proposed
               use is identified as a consistent use within the zone and is required to follow a code assessable
               application process.
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:

                Criteria                  Planning Scheme              Proposal                      Complies


                Lot area                                                                               506m2

                Building height
                •    storeys              3 storeys max                3 storeys                        
                metres                    12 metres NGL and FGL        12 metres (screening)            

                Site cover                45% / 227m2                  45%                              

                Plot ratio                0.75:1 for small dwellings 0.75:1                             
                                          379.5m2 gross floor area

                Boundary setbacks

                Basement setbacks         1.5 metres                   0.71m                            X
                                                                       0.845m

                Frontage
                1st storey                6.0 metres min               6-8 metres                       
                2nd storey                6.0 metres                   6.1metres                        
                3rd storey                10 metres                    6.8 metres (open balcony)        X

                Side     northwestern 1.5 metre setback up         to Unit 1 and 2 side boundary        
                boundary              4.5 metres height;              to      be     conditioned,
                                                                      otherwise compliant at all
                                          2 metres setback between
                                                                      levels.
                                          4.5      metres        and
                                          7.5 metres height; and
                                          2     metres     plus  500
                                          millimetres for every 3
                                          metres above 7.5 metres
                                          height or part thereof

                Side     southeastern 1.5 metre setback up         to Unit 1 and 2 side boundary        
                boundary              4.5 metres height;              to      be     conditioned,
                                                                      otherwise compliant at all
                                          2 metres setback between
                                                                      levels.
                                          4.5      metres        and
                                          7.5 metres height; and
                                          2     metres     plus  500
                                          millimetres for every 3
                                          metres above 7.5 metres
                                          height or part thereof

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                Criteria                   Planning Scheme                Proposal                      Complies


                Rear
                1st storey “Ground”        6 metres                       5.6 metres                        X
                2nd storey “Level One”     6 metres                       5.6 metres                        X
                3rd storey “Level Two”     8 metres                       6-7 metres                        X
                Roof terrace               8 metres                       8-10 metres                       

                Length of wall             15 metres max                  10 metres                         

                Landscaping                                                                                 
                Soft landscaping           121.44m2                       182m²                             
                Landscaping Setbacks       6    metre    landscaped 5.2     metre      planted
                                           setback open car park    landscape, with car park

                Private open space          9m2 for each          small Greatly exceeds minimum             
                                           dwelling, or                 requirements
                                           12m2 for each dwelling
                                           greater than 100 GFA,
                                           and
                                           with a minimum width of
                                           2.5     metres accessed
                                           directly from the living
                                           spaces.

                Carparking                 6 car parking spaces (1 7 provided                               
                                           visitor)

                                                                          18%
                Slope                      25% slope                                                        

               Building Design and Presentation
               The proposed multiple dwelling development has been designed to complement its surrounding
               context while providing visual interest and variation within the streetscape. The built form
               incorporates a series of staggered levels, which reduce the apparent bulk and scale of the building
               and contribute to a more articulated architectural outcome.
               Transparent balustrades have been incorporated along the Bottlebrush elevation to enhance
               passive surveillance of the street and maintain visual connectivity between the development and
               the public realm. Landscaped planter boxes integrated within the second and fourth levels further
               soften the built form, introducing greenery and providing additional variation.
               The development also incorporates a material and finishes pallete reflective of naturally occurring
               materials i.e., timber, rock. Stamped concrete is proposed to the ceiling over the balconies of Units
               1 and 2, while timber ceiling treatments are incorporated within key outdoor areas. These elements
               will be highly visible from pedestrian level and contribute to a high-quality building presentation,
               reinforcing the residential character of the development and improving the overall streetscape
               experience.
               Building Bulk and Scale
               The subject site currently contains a single dwelling; however, the redevelopment of the site for
               Rooming Accommodation is assessed against the intended future character of the High Density
               Residential Zone rather than the existing use of the land. In this context, the proposal is of a scale

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               that is consistent with the density and built form outcomes anticipated within the zone. The
               development complies with the prescribed height and site coverage requirements and presents a
               built form comparable to that expected for a multiple dwelling development comprised entirely of
               small dwellings.
               The scale of the development is further mitigated through appropriate building design, setbacks,
               landscaping, and the retention of character vegetation within the front setback, which assists in
               softening the visual presentation of the building from the street. As a result, the development does
               not create an undue appearance of bulk when viewed from adjoining properties, the streetscape,
               or surrounding areas. Overall, the proposal achieves a scale and form that is compatible with the
               particular circumstances of the site and the planned urban character of the locality, consistent with
               the outcomes sought by PO6.
               Site Cover
               The development achieves the required plot ratio for the site. The basement is entirely below
               ground and exclusively used for car parking therefore the basement footprint does not contribute
               to site cover.
               Basement
               Acceptable Outcome AO14 of the High Density Residential Zone Code seeks: AO14
               Basements:
                    a. are limited to one access a maximum of 6 metres wide; and
                    b. do not encroach into building setback areas.
               The basement is located within the required 1.5 metre side boundary setbacks and therefore is to
               the assessed against the Performance Outcome.
               Performance Outcome PO14 seeks: PO14 Basements:
                    a. visually integrate with the building;
                    b. do not dominate the street or building design;
                    c. area screened through landscaping; and
                    d. do not present as a storey to the street.
               The subject site has an area of 506m², is zoned High Density Residential and has an approximate
               slope of 18%. As illustrated in Figures 8 and 9, the applicant proposes a landscaped mound
               adjacent to the visitor parking space to provide a transition between the site's natural ground level
               and the road frontage along the north-western side of the driveway. This treatment assists in
               screening the basement level from the street. The land on the western side of the driveway
               incorporates a hydrant booster, inground plantings, and landscaped planter boxes above the
               basement level that soften the appearance of the built form and further integrate the basement into
               the landscape.
               The basement is well integrated into the overall built form and is complemented by soft landscaping
               along the frontage and side boundaries. Importantly, the development complies with the
               landscaping requirements of the planning scheme. The siting of the basement does not
               compromise the site's overall landscaping outcomes.
               Accordingly, the proposed basement siting is considered appropriate in the context of the site and
               achieves the intended landscaping outcomes of the development and meets the Performance
               Outcome objectives.




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                                        Figure 9 – Western Elevation, basement integration with the landscape

               Front and Rear Setbacks
               AO10.1 Buildings and structures meet the following minimum boundary setbacks:
                    a. Frontages:
                            i.    first and second storeys — 6 metres
                           ii.    third storey and thereafter — 10 metres
                    b. Side boundaries:
                            i.    1.5 metre setback up to 4.5 metres height;
                           ii.    2 metres setback between 4.5 metres and 7.5 metres height; and
                           iii.   2 metres plus 500 millimetres for every 3 metres above 7.5 metres height or part
                                  thereof
                    c. Rear boundary
                            i.    first and second storeys—6 metres
                           ii.    third storey and thereafter— 8 metres
               Front boundary
               The development includes essential services within the 6-metre setback this includes the hydrant
               booster and MSB services as illustrated by Figure 9.
               The development does not meet the required boundary setback for the 3 storey (unit 4) of 10
               metres, the applicant seeks a varied setback of 6.1-6.8 metres to the balustrade of the terrace.
               The built form of the setback is setback 11.2 metres.
               Rear boundary
               The “Ground Level” and “Level One” seek a rear setback of 5.6 metres in lieu of 6 metres. “Level
               Two” seeks a varied rear setback of 6-7 metres in lieu of 8 metres.
               The application therefore falls to the Performance Outcome for compliance.
               Performance outcome PO10 of the Code seeks: PO10 Buildings and structures are designed
               and sited to:
                    a. provide a high level of amenity to users of the subject site and adjoining premises,
                       including provision of visual and acoustic privacy;
                    b. not unreasonably obstruct views or cause overlooking of private open space or habitable
                       areas of adjoining premises;
                    c. provide adequate distance from adjoining land uses;

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                    d. preserve existing vegetation that will help buffer development;
                    e. allow for space and landscaping to be provided between buildings including adequate area
                       at ground level for landscaping with trees, shrubs, outdoor living and utilities;
                    f.   allow for soft landscaping to be provided between buildings and the site boundaries to
                         provide for trees and shrubs;
                    g. contribute to open streetscapes by avoiding buildings and roofed structures within the front
                       6 metres of the property; and
                    h. protect the natural character and avoid adverse impacts on ecologically important
                       areas such as national parks, waterways and wetlands.
               Front Setback
               The essential services located in the front setback have been well integrated into the landscape of
               the site and have been finishes with a combination of natural finishes i.e., rock and timber panels
               and has been designed in a manner to complement the development.
               Unit 4 balcony seeks a varied setback of 6.1-6.8 metres which relates to the balustrade. The
               balustrade is glass, the terrace is articulated with a varied setback, with the buildings mass located
               more than 11 metres from the property boundary.
               The varied setback at this level maintains the high level of amenity experienced along Bottlebrush
               Avenue and surrounding area and is not anticipated to unreasonably obstruct views of cause
               overlooking of private open space or habitable areas of adjoining premises as the neighbouring
               sites areas of private open space at the upper level is setback more than 12 metres.
               The essential services located within the front setback have been appropriately integrated into the
               site's landscape design and finished with a combination of natural materials, including rock and
               timber panelling. These elements have been designed to complement the architectural character
               of the development and minimise their visual prominence when viewed from the street.
               The balcony associated with Unit 4 incorporates a varied setback of 6.1 metres and 6.8 metres to
               the glass balustrade. The balcony terrace has been articulated to provide variation to the building
               form, while the primary building mass remains setback more than 11 metres from the front property
               boundary.
               The reduced setback at this level maintains the high level of amenity experienced along
               Bottlebrush Avenue and within the surrounding locality. The proposal is not anticipated to
               unreasonably obstruct views, dominate the streetscape, or result in overlooking of private open
               space or habitable rooms on adjoining properties. It is noted that the neighbouring upper-level
               private open space areas are located more than 12 metres from the proposed balcony.
               Therefore, the proposed setback variation is consistent with the intent of the Performance
               Outcome.
               Rear Setback
               The proposed rear setback variation of 5.6 metres in lieu of the required 6 metres at “Ground Level”
               is considered negligible. This level is partially cut into the site at the rear and will not be visible from
               adjoining properties from the eastern rear boundary perspective.
               The rear setback associated with “Level One” (being the second storey) will be visible; however, it
               will be well screened from neighbouring properties due to the site's topography. The development
               sits at a lower elevation than the adjoining rear properties and is further screened by established
               banksias planted along the rear boundary.
               “Level Two” incorporates a varied rear setback of 6 - 7 metres. This variation is due to the location
               of the stairwell, and a portion of an ensuite and bedroom extending into the prescribed 8-metre
               setback area, as shown below.




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                          Figure 11 – Area of Variation @ 3rd storey (referred to as “Level Two” on architectural plans)

               All windows facing the rear boundary are designed with sill heights of 1.7 metres, which assists in
               maintaining privacy and minimising opportunities for overlooking. Furthermore, the reduced
               setbacks do not compromise the provision of landscaping at ground level.
               Having regard to the site's topography, existing vegetation, built form articulation, windowsill height,
               and the limited extent of the encroachment, residential amenity between adjoining premises is
               maintained.
               Accordingly, the development achieves the relevant Performance Outcome.


               Unit 1 and 2 side boundary setback
               Unit 1 and 2’s terraces are proposed within the side boundary setbacks. This is likely to raise issues
               of overlooking and create unnecessary bulk to the buildings mass. The terraces will be conditioned
               to be amended to comply with the 1.5 metre side boundary setback, this will avail a 1 metre wide
               terrace for servicing and clothes drying.


               Rooftop Terrace
               Acceptable Outcome AO17 of the High Density Residential Zone Code seeks: AO17.2
               Development does not include roof top terraces.
               The application includes a rooftop terrace and therefore is required to be assessed against the
               Performance Outcome.
               Performance Outcome PO17 seeks: PO17 Roof forms:
                    a. contribute positively to the local skyline;
                    b. complement the character of the locality and the topography of the site;
                    c. avoid box profiles/parapets; and
                    d. do not create opportunities for overlooking the private open space or internal spaces of
                       neighbourhood properties.
               The application includes a rooftop terrace for the exclusive use of occupants of Unit 4. The terrace
               complies with the 12-metre height requirement.


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               The rooftop terrace will have some impact on the skyline as experienced from adjoining properties.
               Through the assessment process, the terrace has been reduced in size and the associated
               screening setback increased to minimise the extent of visual impacts. While some change to the
               roof form is unavoidable, the terrace has been designed within the accepted built form parameters
               for rooftop terraces, is intended solely for the exclusive use of a single dwelling and is not visible
               from the street. Opportunities for overlooking between neighbouring properties have been
               mitigated through the incorporation of privacy screening, which also remains compliant with the
               applicable height and setback restrictions. On balance, the visual impacts are considered
               reasonable.




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               5.     CONSULTATION
               5.1. Referral Agencies
               Not Applicable
               5.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •      Senior Development Engineer, Development Assessment
                      Parking & Access
                      A vehicle turntable has been integrated into the basement carpark design. Swept paths have
                      been provided, demonstrating all parks are able to exit in a forward gear.
                      Waste
                      4x240L bins have been provided contained within a refuse area, complying with the waste
                      PSP.
                      Stormwater
                      On-site stormwater detention has been provided. A water balance model was developed
                      addressing rainwater reuse, a 3,000 litre tank has been determined to provide a suitably
                      reliable source.
                      A lawful point of discharge has been achieved via the existing stormwater pit on the frontage,
                      requiring reconstruction due to poor condition.
                      Existing Services
                      An existing stormwater pipe traverses the property connecting to the upstream drainage
                      network. The IR response acknowledged the pipe must be protected during construction,
                      kept outside of the zone of influence (as per QDC MP1.4) and may require replacement
                      during construction.
                      Landslide Hazard
                      A geotechnical report prepared by Tectonic has demonstrated a low risk of instability
                      following the recommendations of the report.
               •      Senior Environment Officer, Development Assessment
                      The application material has provided an outcome that generally meets the requirements of
                      the landscape code.
                      The material includes a mixture of native trees shrubs and groundcovers provided
                      predominately along the boundaries of the property.
                      The site is not identified as containing areas of biodiversity significance.
                      Standard conditions are recommended.


               6.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No MCU26/0001 & OPW26/0002 for a Material Change of Use - Multiple
               Dwelling & Operational Works Drainage Work, Stormwater, Earthworks & Landscaping situated at
               17 Bottlebrush Ave Noosa Heads Qld 4567 and described as Lot 143 RP 88934, it is recommended
               the application be approved in accordance with the following details for the Decision Notice:
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               1.      APPLICATION DETAILS

                   Application No:                  MCU26/0001

                   Street address:                  17 Bottlebrush Ave Noosa Heads Qld 4567

                   Real property description:       Lot 143 RP 88934

                   Planning Scheme:                 Noosa Plan 2020 (Amendment 2 - 26 September 2025)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for a Material Change of Use - Multiple Dwelling (3 x small dwellings,
                       1 x dwelling)
               •       Development Permit for Operational Works - Drainage Work, Stormwater, Earthworks &
                       Landscaping
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

                           DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (MCU26/0001)
               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 9 September 2031 by unless
                       an application to extend the currency period is approved by Council.
                       Approved Plans
               3.      Where there is any conflict between the conditions of this approval and the details shown on
                       the approved plans and documents, the conditions of approval prevail.
               4.      Development authorised by this approval must be undertaken generally in accordance with
                       the Approved Plans listed in the table below.
                       The plans must be amended to incorporate the amendments listed within the table below
                       and resubmitted to Council a minimum of 10 day prior to the pre-start meeting.

                          Plan No.              Rev.     Plan/Document Name                         Date

                          DA1.03                F        Design Strategy prepared by Blackwood      28/07/2026

                          DA1.06                F        Site Plan prepared by Blackwood            28/07/2026
                                                         Annotated by Council

                          DA2.01                F        Basement prepared by Blackwood             28/07/2026

                          DA2.03                F        Level One prepared by Blackwood            28/07/2026

                       The following plans require amendment.

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                         Plan No.           Rev.    Plan/Document Name                            Date

                         DA2.02             F       Ground prepared by Blackwood                  28/07/2026

                         DA2.04             F       Level Two prepared by Blackwood               28/07/2026

                         DA2.05             F       Roof Terrace prepared by Blackwood            28/07/2026

                         DA3.01             F       North Elevation prepared by Blackwood         28/07/2026

                         DA3.02             F       East & West Elevations prepared by 28/07/2026
                                                    Blackwood

                         DA3.03             F       South Elevation prepared by Blackwood         28/07/2026

                         DA4.01             F       Section A & B prepared by Blackwood           28/07/2026

                         DA4.02             F       Section C prepared by Blackwood               28/07/2026

                         DA4.03             F       Section D & E prepared by Blackwood           28/07/2026

                         DA6.01             F       Renders prepared by Blackwood                 28/07/2026

                         DA6.02             F       Renders prepared by Blackwood                 28/07/2026

                         Amendment 1        Revise plans illustrating a 1.5m side boundary setback to Unit 1 and
                                            Unit 2, measured from the outer edge of the terrace balustrade to the
                                            side boundary.

                         Amendment 2        Revise plans showing a screening device along Unit 3’s southern
                                            terrace to filter overlooking opportunities between properties. The
                                            screening device is not to extend the full length of the elevation and
                                            must not result in a space contributing to gross floor area.

                         Amendment 3        Revise the plans to reduce the extent of built form on the rooftop
                                            terrace by minimising the staircase structure and reducing the floor-
                                            to-ceiling height to the minimum extent necessary, to the satisfaction
                                            of Council.

                      *(Refer to Advisory Note)
                      Nature and Extent of Approved Use
               5.     The approved use is for the purpose of a Multiple dwelling development, consisting of 3 small
                      dwellings and 1 larger dwelling.
                      Building Height
               6.     The maximum height of the development must not exceed 12 metres above the ground level.
               7.     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.




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                      Performance Bond
               8.     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
                      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
               9.     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.
                      Building Appearance
               10.    External design features, materials and finishes must be as shown on the Approved Plans
                      (refer to approved Materials and Finishes Palette), with no inclusions or alterations made
                      without approval in writing by Council.
               11.    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.
               12.    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.
               13.    Waste storage areas, clothes drying areas and external storage areas must be screened
                      from view of the street.
                      Fencing and Walls
               14.    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.
               15.    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
               16.    The upper-level balconies located on the northern and southern elevations of the building
                      must include either balcony planter boxes, non-transparent balustrading, positioned in such
                      a way to obscure direct views into the habitable room windows or private open space areas
                      of the adjoining property.
                      Waste Management
               17.    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.




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                      Water & Sewer Connections
               18.    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).
               19.    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.
                      Landscaping
               20.    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 landscape plans.
                      b. vegetated screening of any electrical transformers, bin storage areas and the like from
                         the road frontage
                      c. provision of 1 street tree within the road reserve for every 8 metres of road frontage,
                         where practicable
               21.    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.
                      External Works
               22.    Bottlebrush Ave 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 Decision Notice and be
                      generally in accordance with Barlow Shelley’s Roadworks & Drainage Layout Plan (C200
                      Rev A) dated 15/05/2026 and must include in particular:
                      a.      construction of a 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
               23.    A sealed access driveway must be provided from Bottlebrush Ave to all parking and
                      manoeuvring areas of the development. The works must be undertaken in accordance with
                      the conditions of this Decision Notice and be generally in accordance with Barlow Shelley’s
                      Roadworks & Drainage Layout Plan and Driveway Details (C200 Rev A & & C210 Rev B)
                      dated 15/05/2026 and 20/05/2026 and must include in particular:
                      a.      a driveway crossover generally in accordance with Council standard drawings RS-049
                              & RS-050.
                      Car Parking
               24.    A minimum of 7 car parking spaces must be provided and marked on the site. The works
                      must be undertaken in accordance with the conditions of this Decision Notice and be
                      generally in accordance with Barlow Shelley’s Roadworks & Drainage Layout Plan (C200
                      Rev A) dated 15/05/2026 and must include in particular:
                      a.      visitor parking 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.


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                      Pedestrian and Bicycle Facilities
               25.    Pedestrian and bicycle facilities must be provided for the development. The works must be
                      undertaken in accordance with the conditions of this Decision Notice and be generally in
                      accordance with Barlow Shelley’s Roadworks & Drainage Layout Plan (C200 Rev A) dated
                      15/05/2026 and must include in particular:
                      a.      A 1.5 metre wide footpath within the road verge for the entire length of the site’s
                              frontage to Bottlebrush Ave.
                      Stormwater Drainage
               26.    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 Roadworks & Drainage Layout
                      Plan (C200 Rev A) dated 15/05/2026 and must include in particular:
                      a.      the reconstruction of existing stormwater gully pit (Structure 2/EX1)
                      b.      protection of the existing 300mm diameter council stormwater pipe traversing the
                              development site.
                      Services
               27.    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.
               28.    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
               29.    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.
               30.    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.
               31.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Geotechnical Stability
               32.    All works must be carried out in accordance with the recommendations contained in
                      Tectonic’s Geotechnical Investigation (25408-001-Rev0) dated 30 January 2026 listed within
                      this Decision Notice.
                      Earthworks and Retaining Walls
               33.    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
                      Decision Notice, be generally in accordance with the conditions of this Decision Notice and
                      be generally in accordance with Barlow Shelley’s Bulk Earthworks Plan (C101, Rev. A) dated
                      15 May 2026 and contained entirely within the subject site unless written permission from
                      the respective landowner(s) is provided to Council.
                      Damage to Services and Assets
               34.    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:



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                      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.
               Demolition of Relevant Structures
                      Codes of Development
               35.    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
               36.    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
               37.    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.
               38.    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.    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.
                      Water Quality and Drainage
               40.    Erosion and sediment control is to be undertaken in accordance with the requirements of the
                      Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
                      maintained until soils are stabilised by vegetation or sealed.
                      NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially
                      allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
                      system (e.g. roadside gutter).
                      Health and Safety
               41.    All building materials containing asbestos, including asbestos cement sheeting or roofing and
                      lagging, are removed from the building prior to demolition or relocation.
               42.    Removal of building materials containing asbestos must be undertaken by a licensed
                      asbestos removalist.
               43.    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.
               44.    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.

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                              DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (OPW26/0002)
                      Approved Plans
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                         Plan No.      Rev.   Plan/Document Name                                Date

                         C101          A      Bulk Earthworks Plan prepared by Barlow Shelley   15/05/2026

                         C110          A      Bulk Earthworks Sections prepared by Barlow 14/05/2026
                                              Shelley

                         C200          A      Roadworks & Drainage Layout Plan prepared by 15/05/2026
                                              Barlow Shelley

                         C210          B      Driveway Details prepared by Barlow Shelley       20/05/2026

                         C300          A      Stormwater Catchment Plan prepared by Barlow 15/05/2026
                                              Shelley

                         C320          A      Stormwater Longitudinal Sections prepared by 15/05/2026
                                              Barlow Shelley

                         C350          A      Stormwater Calculations prepared by Barlow 15/05/2026
                                              Shelley

                         C351          A      Stormwater Detention Tank Details prepared by 15/05/2026
                                              Barlow Shelley

                         26105 CD- B          Cover Sheet prepared by Project Urban             27/05/2026
                         000

                         26105 CD- A          Specification Notes prepared by Project Urban     22/04/2026
                         001

                         26105 CD- C          Planting Schedules prepared by Project Urban      8/09/2026
                         002
                                              Annotated by Council

                         26105 CD- C          Landscape Plan – Basement, prepared by Project 8/09/2026
                         100                  Urban

                         26105 CD- B          Landscape Plan – Ground Floor, prepared by 8/09/2026
                         101                  Project Urban
                                              Annotated by Council

                         26105 CD- C          Landscape Plan – First Floor, prepared by Project 8/09/2026
                         102                  Urban

                         26105 CD- B          Landscape Plan - Roof, prepared by Project Urban 8/09/2026
                         103
                                              Annotated by Council

                         26105 CD- B          Landscape Plan - Cover Sheet, prepared by 27/05/2026
                         300                  Project Urban

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                      Currency Period
               2.     The Currency Period for this development approval lapses if the development has not
                      substantially started by 9 September 2028, unless an application to extend the currency
                      period is approved by Council.
               PRIOR TO COMMENCEMENT OF WORKS
                      Engineering
               3.     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.
               4.     Copies of the approved plans, duly signed by the consultant Registered Professional
                      Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
                      Construction at the “pre start” meeting.
               5.     A condition report of the drainage system must be completed for agreement at the prestart
                      meeting. The condition report is to include a CCTV inspection of the existing pipe and must
                      include at least 20m upstream and downstream of all works.
                      a.      The existing stormwater pipe traversing the development site must be surveyed from
                              bottlebrush Ave to Nairana Rest.
               6.     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.
               7.     Certificates demonstrating currency of public liability insurance and works insurance covering
                      the works must be submitted to Council prior to the prestart meeting.
               8.     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:
                      b.      Civil engineering works;
                      c.      Erosion and sediment control works;
                      d.      Other relevant parties
               9.     A Construction Management Plan must be submitted to Council prior to the pre-start meeting
                      and must specifically address the following:
                      e.      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.
                      f.      Maintenance and protection of water quality and existing drainage lines through the
                              construction site through the implementation of appropriate erosion and sediment
                              control measures;
                      g.      Works programme identifying key components of the works and their respective
                              durations;



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                      h.      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;
                      i.      Include a post out to the local residents and businesses advising of the proposed
                              development, the expected time frames and the site contact details;
                      j.      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;
                      k.      identification of complaint management procedures including:
                              i.       contact details for the on-site manager;
                              ii.      dispute resolution procedures.
               10.    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.
               11.    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
               12.    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.
               13.    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.
               14.    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
               15.    All trees and vegetation identified for retention must be protected in accordance with AS
                      4970, Protection of trees on development sites.
               16.    A qualified person * must be engaged for the duration of the works to:
                      a.      Oversee installation of all tree protection fencing prior to commencement of any works
                              onsite (including any clearing).
                      b.      Supervise tree protection within the development site and frontages, prior to, during
                              and following construction in accordance with AS 4970, Protection of trees on
                              development sites.
                      c.      Oversee approved tree removal in proximity to retained trees.


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                      d.      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.
                      d.      Oversee approved tree removal in proximity to retained trees.
                      *(Refer to Advisory Note)

                      Fauna Management
               17.    A qualified person* must be engaged to manage fauna prior and during clearing to:
                      a.      Ensure works are carried out in accordance with the Nature Conservation Act 1992.
                      b.      Undertake pre-clearing inspections including fauna relocation and removal or blocking
                              of all vacant hollows.
                      c.      Ensure clearing works avoids nesting times of animals and birds.
                      d.      Co-ordinate staging and sequence of clearing with fauna protection.
                      e.      Protect and recover fauna during clearing operations (not previously removed).
                      f.      Manage the translocation of animals and recovery procedures in accordance with
                              relevant legislation.
                      *(Refer to Advisory Note)
                      Landscaping Works
               18.    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)
               19.    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.
               20.    Landscape works must:
                      a.      Ensure amenity or sales signage and ancillary infrastructure is not installed within the
                              road reserve.
                      b.      Ensure permanent irrigation is not installed within the road reserve.
               21.    Public amenity/street trees* must:
                      a.      Meet AS 2302 – Tree Stock for landscape use.
                      b.      Be located in accordance with engineering requirements for safe vehicle and
                              pedestrian sight lines.
                      *(Refer to Advisory Note)
                      Works within Road Reserve/Reinstatement
               22.    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.
               23.    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.
               24.    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.

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                      Pathways
               25.    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.
               26.    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
               27.    Driveway crossovers must be constructed in accordance with council’s Standard Drawings
                      RS-049 and RS-050.
               28.    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.
               29.    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
               30.    All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development.
               31.    Fall protection must be provided to retaining walls that are over 1m high.
               32.    Slope and batters are a maximum grade of:
                      a.      1 in 6 where in proximity to waterbodies;
                      b.      1 in 4 for grassed areas;

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                      c.      1 in 3 for planted areas; and
                      d.      1 in 2 for combined structural engineering and planting solutions.
                      Stormwater Drainage
               33.    Appropriate scour protection must be provided at the outlet of all stormwater pipes including
                      temporary outlets.
               34.    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).
               35.    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
               36.    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.
               37.    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.
               38.    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)
               39.    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.
               40.    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.
               41.    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.


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                      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
               42.    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.
               FOLLOWING CONSTRUCTION
                      Engineering Certification
               43.    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.
                      Landscaping Certification
               44.    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.
                      *(Refer to Advisory Note)
                      As Constructed Plans and ADAC XML Files (Council)
               45.    Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
                      “As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
                      information shall include:
                      a.      As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
                              file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
                              accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
                      b.      ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
                              prepared in accordance with industry standards and recorded in “MGA - UTM56 /
                              GDA94” projection.
                              Please Note: Further information and advice relating to the as-constructed drawing
                              presentation, as-constructed survey capture and associated guidelines for preparation
                              of a compliant ADAC XML digital file are available on the webpage titled “As-
                              Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
                              Development / Development Tools & Guidelines / As-Constructed Guidelines.
                      c.      The “As-Constructed” drawings will require certification by a:
                              i.       Qualified experienced Civil Engineer (RPEQ) confirming design intent and
                                       conformance with applicable standards and specifications, along with the
                                       relevant descriptions of assets, services and structures and;
                              ii.      Registered Cadastral Surveyor (Qld) in regard to the cadastral and locational
                                       information, levels and applicable survey datum.
                      d.      The data must be in accordance with Council’s “Planning Scheme Policy 6 –
                              Engineering Design Standards”, and fully detail the levels for all engineering works
                              including but not limited to the drainage network and structures, finished ground and
                              pavement surface levels.


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                      On Maintenance
               46.    All municipal works must be accepted as ‘On Maintenance’ by Council in accordance with
                      Council’s Planning Scheme Policy 6 prior to plan sealing.
                      To achieve ‘On Maintenance’ status:
                      a.      the supervising RPEQ must submit to Council for review and acceptance:
                               i.      certification that all works have been undertaken and completed in accordance
                                       with the requirements of this approval;
                              ii.      as Constructed details in accordance with Council’s Planning Scheme Policy;
                                       and
                             iii.      maintenance and operational manuals for all proprietary or site-specific devices.
                      b.      Council must inspect and agree to accept the municipal works as ‘On Maintenance’.
                              Any defect or substandard work observed by Council during the inspection must be
                              rectified to the satisfaction of Council prior to Council’s acceptance of the ‘On
                              Maintenance’ status.
                              *(Refer to Advisory Note)
                      c.      A maintenance bond must be submitted to Council in accordance with Council’s
                              Planning Scheme Policy 6. The maintenance bond shall be 5% of the agreed value of
                              the municipal works to become ‘On Maintenance’ or $2,000 (whichever is greater).
                      Off Maintenance
               47.    Prior to requesting an Off Maintenance inspection, the developer must provide a written
                      request for the Off Maintenance inspection.
               48.    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.
                      Final Inspection
               49.    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.
               5.     REFERENCE DOCUMENTS

                Plan No.                  Rev.    Plan/Document Name                                   Date

                25408-001                 0       Geotechnical Investigation                           30   January
                                                                                                       2026

               6.     REFERRAL AGENCIES

               Not applicable.
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:




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                      Advertising Devices
               1.     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.
                      Infrastructure Charges
               2.     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
                      Performance Bond Agreement
               3.     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.
                      General Advisory Notes
               4.     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.
               5.     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.
               6.     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, Rehabilitation Inspections
                      Request
               7.     Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days’ notice of preferred inspection time.
               8.     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.
               9.     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
               10.    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
               11.    Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control.
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               12.    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).
               13.    As a general rule, a site is determined to have achieved effective short-term stabilisation if
                      at the time of the plan sealing inspection:
                      c.      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
                      d.      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
               14.    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
               15.    Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
                      well as optimum weed seed sterilisation.
                      Qualified Person
               16.    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 assessment and either:
                              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
               17.    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.
               18.    Public amenity trees are defined as any tree located within public streets, parks or areas that
                      will become publicly owned as a result of this development.
                      Biosecurity Act 2014 – Fire Ant Control



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               19.    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
               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.




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Document Set ID: 24436845
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