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Minor Change Existing Approval - MCU24 0143 01 (As Published)
Officer: Georgina Schramm
Direct Telephone: 07 5329 6245
Our Reference: MCU24/0143.01
Your Reference: 260615
02 September 2026
JM Veraa & HA De Wald
C/- URBN Town Planning Pty Ltd
PO Box 81
BUDERIM QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 2 July 2026, requesting a minor change to an existing
development approval. Council on 26 August 2026 decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU24/0143.01
Street address: 637 Black Mountain Rd, Black Mountain Qld 4563
Real property description: Lot 2 RP 167390
Planning Scheme: Noosa Plan 2020 (Amendment 1 – 25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 17 September 2025.
• Development Permit for a Material Change of Use - Short-term accommodation (2 x
cabins)
In relation to the request to make a minor change to the existing approval, Council on 26 August
2026, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 2, 6 and 30.
C. Include additional condition 35.
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
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 authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
101 A General Notes – Prepared by Duncan Homes 01/07/2026
102 A Site Plan – Prepared by Duncan Homes 01/07/2026
103 A Site Plan – Prepared by Duncan Homes 01/07/2026
104 A Floor Plan – Prepared by Duncan Homes 01/07/2026
105 A Elevations – Prepared by Duncan Homes 01/07/2026
Currency Period
3. This development approval lapses if the use has not happened by 20 September 2027,
unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The approved use consists of Short-term accommodation, limited to 2 x cabins in accordance
with the administrative term cabin of the Noosa Plan 2020 (v. 25 September 2020); the cabin
is not to include a laundry.
5. Prior to the commencement of the use, a copy of the plumbing and building finals are to be
submitted to the Development Assessment Branch.
6. The total number of bedrooms that are available for guest accommodation must not exceed
2.
7. The total number of guests accommodated at any one time must not exceed 6.
8. All outdoor areas, including balconies, decks, pool and the like, must not be used after `10pm
each night.
9. The premises must not be used as a party house, with no events, functions or parties (e.g.
bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
10. The use must be operated in accordance with the Local Law requirements for Short term
letting at all times.
Amenity
11. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding
residents or cause a nuisance, including a noise nuisance.
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Contact Person
12. Prior to the commencement of the use written confirmation must be provided to Council
confirming:
a. the name and telephone number of the contact person (which may include the name
and contact details of an individual, letting agency, property manager, security firm or
the like) for the purposes of the operation of the short stay letting at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within a 20 kilometre radius of the premises; and
d. that the contact person is to be responsible for the supervision and management of the
premises, including addressing complaints about the use of the premises for short stay
letting and visitor queries.
Code of Conduct
13. A code of conduct must be developed and provided to all users and occupants of the short
term accommodation, including any website or social media used to promote the use of the
premises for short term accommodation.
The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to
noise, overlooking, light spill or odour) enjoyed by residents in the vicinity of the
premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by
Queensland Government legislation for environmental protection (noise).
b. That a user of the premises must not sleep or camp on the premises in a tent, caravan,
campervan or similar facility.
c. That each vehicle used by a user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience to
adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the separation of
recyclable waste) produced as a result of the ordinary use or occupation of the
premises in a waste container.
e. That each user of the premises must ensure that the premises, including the grounds
of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a nuisance
(including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers 3 to 11
of this Development Approval.
14. The Code of Conduct must be displayed in a prominent location at the premises so that it
can be viewed by guests.
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Complaints Management
15. The contact person must maintain a record of all complaints received, identifying how each
complaint has been resolved or addressed within a reasonable time.
16. The contact person must respond to all complaints within 30 minutes of notification of a
complaint.
17. The contact person, must keep and maintain a register of the use of the premises for short
stay letting or home hosted accommodation, and record in the register, each of the following:
a. on each occasion on which the premises are used, or occupied, for short stay
letting or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of the
premises.
b. the dates when each person’s use, or occupation, of the premises for short stay letting
or home hosted accommodation began and ended.
18. The contact person, must make available, for inspection by Council, within 5 business days
of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in Condition 18; and
b. the register referred to in Condition 18.
Car Parking
19. Existing car parking on site, as detailed on the Approved Plans, must be maintained and kept
available for users of the Short-term accommodation.
20. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Water Supply
21. The development must be provided with a potable water supply having a capacity sufficient
for the use.
22. The development must be provided with an on-site wastewater treatment and effluent
disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Bushfire Management
23. An accessible dam, swimming pool or water tank (in addition to day to day water supply) with
an onsite water volume of not less than 5,000 litres must be available for firefighting
purposes, located within reasonable proximity to building.
24. A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire brigade
fitting must be connected to the water supply (other than where the water supply is in a
swimming pool or dam).
Site Access and Driveways
25. The existing sealed access driveway must be maintained to:
a. comply with the requirements of Council Standard drawing RS-056;
b. ensure safe sight distances for vehicles entering and exiting the site.
Stormwater Drainage
26. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
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Easements
27. 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.
28. 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.
29. 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
30. All works must be carried out in accordance with the recommendations contained in a revised
version of Tectonic’s Slope Stability Assessment (24378-001-Rev1) which is amended to
reflect the revised cabin and siting location. Certification must be provided to the Building
Certifier that the development achieves a minimum factor of safety against landslip of 1.5 in
the long term.
(*) Refer to Advisory Note
Earthworks and Retaining Walls
31. All earthworks must be supervised by a Registered Professional Engineer of Queensland
(RPEQ).
32. All earthworks and associated foundations/footings, retaining structures/batters, both above
and below ground level and both temporary and permanent, must be contained entirely within
the subject site unless written permission from the respective landowner(s) is provided to
Council. All earthworks must be undertaken in accordance with the provisions of Australian
Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
33. Earthworks carried out on site must not affect the structural integrity of any of the adjoining
lands and/or buildings and/or structures and/or services.
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:
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.
Additional Condition – 26 August 2026 - MCU24/0143.01
35. The development is to be staged with:
a) The northern cabin (Cabin 1) to be delivered as Stage 1; and
b) The southern cabin (Cabin 2) to be delivered as Stage 2.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
24378-001 1 “Slope Stability Assessment” 4 June 2025
Prepared by Tectonic
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6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
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.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
3. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Waste Water Treatment and Disposal System
4. The establishment of a waste water treatment and disposal system for the site requires a
Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002.
The system must be designed in accordance with the Queensland Plumbing and Wastewater
Code (Department of State Development and Infrastructure & Planning, 2007) and Australian
Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative
solution approved through Council’s Building and Plumbing branch. Where a development
exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s
Licence from the relevant State will also be required.
Infrastructure Charges
5. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/Planning-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
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Development Compliance Inspection
6. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Qualified Person
7. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 17 September 2025.
• Decision Notice – Minor – MCU24/0143.01 – 26 August 2026, with an amendment to condition 2,6 and 30 and include additional
condition 35.
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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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