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Minor Change Existing Approval - 51901 25 01 (As Published)

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                                                                                     Officer:            Georgina Schramm
                                                                                     Direct Telephone:   07 5329 6245
                                                                                     Our Reference:      51901.25.01
                                                                                     Your Reference:     n/a

               17 July 2025


               Body Corporate - Noosa Central Cts 3483
               C/- Adamson Town Planning Pty Ltd
               PO Box 894 COOROY QLD 4563
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 21 October 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:              51901.25.01

                   Street address:              Noosa Central - 6 Bottlebrush Ave, Noosa Heads Qld 4567

                   Real property description:   Lot 000 BUP 12119

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 6 September 1990.
               •       Development Notice Approval – Professional Offices (DNA 185)
               In relation to the request to make a minor change to the existing approval, Council on 15 July 2025,
               decided to approve the requested changes. The changes are detailed below.
                     A.    Approve the change.
                     B.    Include additional conditions 19 – 34.
               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
                                                                                                           Page 1 of 7
Document Set ID: 23941513
Version: 4, Version Date: 17/07/2025
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Page 2

               4.     ASSESSMENT MANAGER CONDITIONS

               1.     Compliance with the provisions of the rezoning deed dated 14th May, 1990 and in this regard
                      the following matters are noted:-
                      a.      With respect to condition 1 of the Consent Order Headworks charges based upon May,
                              1990 figures are estimated as follows:
                              Water Supply      - $15,042
                              Sewerage          - $11,237
                              Total             - $26,369
                      b.      In regards to condition 3 of the approval, the contribution will be assessed by the Shire
                              Engineer following completion of design works.
                      c.      With respect to condition 7 of the approval the contribution required will be assessed
                              following submission of design for the footpath connection to the Bottlebrush Avenue
                              carpark and stormwater drainage design.
               2.     Submission to and approval by Council of building plans in accordance with the Building Act,
                      Council’s By-laws and Policies, and generally in accordance with plan Nos. NC DD01/02C
                      and 03C and Shire of Noosa Town Planning Scheme apart from where amendments are
                      required or dispensations have been granted in conjunction with this approval.
               3.     There is to be no detrimental effect upon the amenity of neighbourhood by reason of the
                      creation of excessive noise, lighting nuisance or other emissions.
               4.     The open space and setback areas are to be landscaped in accordance with Noosa Design
                      Manual and a properly prepared landscaping plan to be submitted to and approved by the
                      Shire Planner, prior to the issue of a Building Approval. Such Landscaping is to be completed
                      in accordance with the approved landscaping plan, prior to the premises being occupied and
                      maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
               5.     Existing trees are to be retained, except where required to be removed due to building
                      operations or the conduct of the approved use. Trees across the frontage of the site located
                      between the proposed car park areas and the boundary of the site are generally to be
                      retained to the satisfaction of the Shire Planner. In this regard to the landscaping plans
                      referred to above are to denote areas of existing vegetation or existing trees proposed to be
                      retained.
               6.     Construction work and other associated activities are permitted only during the hours of
                      7.00am to 6.00pm Monday to Saturday. No work is permitted on public holidays, except
                      where extended hours are approved by the Building Surveyor.
               7.     Any advertising sign or device is to comply with the provisions of the Noosa Design Manual.
               8.     All lots that form part of this application are to be amalgamated in Title, prior to the issue of
                      a Building Approval.
               9.     The developer shall bear the cost of alterations of any public utility or facilities necessitated
                      by the development of the land or associated construction works external to the site.
               10.    Connection to Council’s existing water supply and sewerage reticulation systems at the
                      developer’s expense to the standards and requirements of Council’s Shire Engineer.
               11.    Provision of approved refuse containers in accordance with the requirements for the Refuse
                      Management Regulations of 1983 for the storage and collection of refuse to the satisfaction
                      for Council’s Health Surveyor.
               12.    Provisions of refuse chutes, in accordance with Council’s Policy for the storage of refuse in
                      bulk containers. Loading areas are to be located off street to the satisfaction of Council’s
                      Shire Engineer and Health Surveyor.




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               13.    Provision of an imperviously paved and drained area to be drained to Council’s sewer to
                      accommodate all refuse containers to the reasonable satisfaction of Council’s Health
                      Surveyor. This area is to be aesthetically screened from any road frontage or adjoining
                      property boundary and it to be setback a distance of two (2) metres from any road frontage.
                      A suitable hosecock and hoses are to be located in the vicinity of the refuse container area.
               14.    Should S.E.Q.E.B. require provision if a transformer, such provision is to be made to the
                      satisfaction of S.E.Q.E.B. and the Shire Planner. The transformer is not to be located within
                      landscaping area unless approved by the Shire Planner.
               15.    Provision of at least sixty-three (63) off street car parking spaces plus one (1) loading bay of
                      3 metres x 7 metres. This requirement is based upon a gross floor area of 1916 square
                      metres and the design of the building is to be such that this gross floor area is not exceeded.
                      In addition, a payment of $7,500 in lieu of the provision of one (1) off street car parking spaces
                      is to be made, prior to the issue of building approval.
                      The car spaces, loading bay and access thereto are to be provided with a sealed pavement
                      and designed, drained, constructed and maintained in accordance with the Town Planning
                      Scheme, Council’s Policies and to the reasonable satisfaction for the Shire Engineer. Plans
                      and specifications for these works are to be submitted to the Shire Engineer for approval in
                      conjunction with the building application.
               16.    Provision of roof treatments, awning and sunhoods to the Bottlebrush Avenue facades to
                      relieve the impact of the building to the satisfaction pf the Shire Planner.
               17.    The provisions of this approval are to be effected, prior to the commencement of the specific
                      use granted under this approval. Council reserves the right to call upon the bond or
                      guaranteed sum referred to in the rezoning deeds for the purposes of litigation should the
                      use not be conducted in accordance with this approval.
               18.    This approval may be revoked pursuant to Section 33 (16D) of the Local Government Act if
                      substantial progress has not been made in the erection of any building or other structures in
                      accordance with this approval or the rights conferred by this approval are nit exercised in
                      accordance with this approval within two (2) years of the date thereof.
                      Additional Conditions – 15 July 2025 - 51901.25.01
                      Approved Plans
               19.    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

                        GC 138 TD 03         0       Elevations – Exit, Demolition prepared by 16 June 2025
                                                     Flexure Pty Ltd

                        GC 138 TD 04         0       Roof Existing prepared by Flexure Pty Ltd        16 June 2025

                        GC 138 TD 05         0       Plan G Existing prepared by Flexure Pty Ltd 16 June 2025

                        GC 138 TD 06         0       Plan G New prepared by Flexure Pty Ltd           16 June 2025

                        GC 138 TD 07         0       Roof New prepared by Flexure Pty Ltd             16 June 2025

                        GC 138 TD 08         0       Section prepared by Flexure Pty Ltd              16 June 2025

                        GC 138 TD 09         0       Section and Elevation prepared by Flexure 16 June 2025
                                                     Pty Ltd




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                        GC 138 TD 10        0       Elevations – New prepared by Flexure Pty 16 June 2025
                                                    Ltd

               20.    External colours and finishes must be of an understated colour scheme and low-reflective
                      roofing and cladding materials.
                      Landscaping Works
               21.    All landscape works must be established and maintained 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.
               Part Demolition of Relevant Structures
                      Codes of Development
               22.    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
               23.    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.
               24.    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.
               25.    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.
               26.    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
               27.    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
               28.    All building materials containing asbestos, including asbestos cement sheeting or roofing and
                      lagging, are removed from the building prior to demolition or relocation.
               29.    Removal of building materials containing asbestos must be undertaken by a licensed
                      asbestos removalist.
               30.    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.
               31.    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.


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                      Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
                      businesses that transport asbestos waste, and landfills that accept this waste.
                      General
               32.    Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
                      protected from damage and made safe to the standard required by the regulatory authority.
               33.    Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
                      bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
                      pre-existing conditions.
                      Plumbing and Drainage
               34.    It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
                      demolition of a building, the existing sanitary drain upstream from the connection point for a
                      service provider’s sewerage system must be sealed water tight. This work is deemed as
                      notifiable Work and must be carried out by a suitably licenced plumber who must submit an
                      As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
                      Construction Commission) within 10 days of completing the work.
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     ADVISORY NOTES

               Not applicable.
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required                Subject

                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.




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Page 6

               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.


               Yours faithfully,




               Georgina Schramm
               Senior Development Planner



               Enc:     Referral Agency Response
                        Approved Plans/Documents

               DECISION NOTICE HISTORY
               •     Original Decision Notice – 6 September 1990.

               •     Decision Notice – Minor – 51901.25.01 – 15 July 2025, additional
                     conditions 19 – 34.




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Page 7

                                                                              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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Version: 4, Version Date: 17/07/2025

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