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Minor Change Existing Approval MCU22 0140 01 (As Published) · MCU22/0140.01
Officer: Cameron Smith
Direct Telephone: 07 5329 6245
Our Reference: MCU22/0140.01
Your Reference: 100041
9 June 2025
RL Kildey
C/- Murray & Associates (Qld) Pty Ltd
PO Box 246
NAMBOUR QLD 4560
[email protected]
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 11 December 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0140.01
Street address: 7 Ruby St, Cooroy
Real property description: Lot 616 C56014
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 14 December 2022.
• Development Permit for Material Change of Use – Multiple dwelling (4 units)
In relation to the request to make a minor change to the existing approval, Council on 5 June 2025,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 2 & 29.
C. Delete condition 31.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
2. 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
- B Site Plan, prepared by Ausmar 25/10/22
- B Floor Plan Unit 1-2, prepared by Ausmar 25/10/22
- B Elevations Unit 1-2, prepared by Ausmar 25/10/22
B Sections, prepared by Ausmar 25/10/22
- B Floor Plan Unit 3-4, prepared by Ausmar 25/10/22
- B Elevations Unit 3-4, prepared by Ausmar 25/10/22
B Sections, prepared by Ausmar 25/10/22
- - Landscape Plan 20/3/25
- - Landscape Supplementary (Planting) Plan -
- - Landscape Species List -
Currency Period
3. This development approval lapses if the use has not happened by 14 December 2028,
unless an application to extend the currency period is approved by Council.
Performance Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works. 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.
Building Appearance
5. All air conditioning units must be fully enclosed or screened such that they are not visible
from the street frontages nor adjoining properties.
6. To address asymmetrical design requirements, the garage doors for Unit 1/2 and Unit 3/4 is
required to include variation. In this regard, varying design, line and plane, style and colour
is required such that the doors do not maintain a symmetrical presentation to the site’s street
frontages. Amended plans must be submitted to incorporate the amendments listed within
this Decision Notice and resubmitted to Council prior to the issue of any Development Permit
for Operational Works.
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Fencing and Walls
7. Any street fencing must be set back an average of 1 metre from the front property boundary
and step the design at a maximum of 5 metre intervals. Were any fencing is on the front
boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
8. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Clothes Drying Areas
9. Each dwelling unit must be provided with access to an outdoor clothes line which is screened
from public view.
Building Height
10. The maximum height of the development must not exceed 8.0 metres above the finished
ground level and the natural ground level.
Community Management Statement
11. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
12. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
Street Identification
13. 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.
Water & Sewer Connections
14. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
15. 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 development site.
External Works
16. Ruby Street and Opal Lane must be upgraded for the length of their frontages to the subject
site. The works must be undertaken in accordance with an Operational Works approval; be
generally in accordance with Ingeniir’s engineering plans, project 215101, Issue B, dated
03/11/2022; and must include in particular:
a. Replacement of existing stormwater gully and extension of existing stormwater pipe;
b. Construction of concrete pavement connecting to existing concrete pavement on Opal
Lane;
c. Removal of the existing property access and reinstatement of the kerb and verge area
to match the balance of the site frontage, including the provision of topsoil and turf
where the existing verge is grassed.
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Site Access and Driveways
17. Sealed access driveways must be provided from Ruby Street and Opal Lane to all parking
and manoeuvring areas of the development. The works must be undertaken in accordance
with an Operational Works approval and must include in particular:
a. driveway crossovers generally in accordance with Council’s standard drawings RS-
049, RS-050 and respective addendums.
Car Parking
18. A minimum of 5 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. 1 visitor parking spaces within the total, which are clearly marked for that purpose and
accessible at all times for visitor use;
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Stormwater Drainage
19. 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 an Operational Works approval
and generally in accordance with:
a. Ingeniir’s engineering plans, project 215101, Issue B, dated 03/11/2022; and
b. Report titled “Stormwater Management Plan”, ref 215101-SMP-01, Rev 02, dated
03/11/2022, prepared by Ingeniir Pty Ltd.
Services
20. 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.
21. 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
22. 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.
23. 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.
24. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
25. All fill and associated batters must be undertaken in accordance with an Operational Works
approval, and contained entirely within the subject site unless written permission from the
respective landowner(s) is provided to Council.
26. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
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27. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
28. 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.
Landscaping Works
29. The development site must be landscaped generally in accordance with the approved
Landscape Plan, Landscape Supplementary (Planting) Plan and the Landscape Species List
and the Noosa Plan PSP2 – Landscaping for this specific area and must include in particular:
a. Front fences or walls must be set back an average of 1 metre and articulated, stepping
the design at a maximum of 5m intervals;
b. An average 1 metre wide landscaping strip along the both road frontages exclusive of
the access driveway and generally uncompromised by infrastructure items;
c. Screening landscaping for side boundaries must include screening plants which grow
to a minimum height of 4m at maturity and provided at maximum 1.5m centres. Palms
are not permitted to be utilised for screening;
d. Provision of 4 x 45 litre street trees (2 on each frontage);
e. No use of synthetic turf;
f. Adequate vegetative screening of tanks.
30. 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.
31. Deleted.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
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You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Infrastructure Charges
4. 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
Co-ordination of Operational Works Assessment
5. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Road work, Stormwater, Drainage work,
Earthworks, Landscaping
Development Permit for Building Works All building work
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
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Yours faithfully,
Cameron Smith
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 14 December 2022.
• Decision Notice - Minor – MCU22/0140.01, 5 June 2025, with an
amendment to conditions 2 & 29 and delete condition 31.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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