Council archive · source document
Minor Change Existing Approval - 51995 1645 01 (As Published) · 51995.1645.01
Officer: Tiani Bird
Direct Telephone: 07 5329 6245
Our Reference: 51995.1645.01
Your Reference: 25010
5 August 2025
Alh Group Pty Ltd
C/- Project Urban
PO Box 6380
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 19 May 2025, 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: 51995.1645.01
Street address: The Reef 100/37-49 Noosa Dr, Noosa Heads Qld 4567
Real property description: Lot 100 SP 147914
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 11 September 1995.
• Town Planning Consent Permit – Deck and servery extension and alteration to an existing
non-conforming use (Hotel)
In relation to the request to make a minor change to the existing approval, Council on 1 August
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Delete condition 1 and
C. Include additional condition 1 (a).
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: 23993968
Version: 4, Version Date: 05/08/2025
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 6 pages
Page 2
4. ASSESSMENT MANAGER CONDITIONS
1. Deleted.
1 (a). Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Document Name Date
9308 - Site Plan, prepared by John June 95
Macminn F.R.A.I.A Architect
9308 - Elevations, prepared by John June 95
Macminn F.R.A.I.A Architect
A100.00 D Proposed Site Plan, prepared by May 2025
Cayas and Ward
*Council Annotation*
A100.01 D Proposed Lower Ground Floor Plan, May 2025
prepared by Cayas and Ward
A100.02 D Proposed Upper Ground Floor Plan, May 2025
prepared by Cayas and Ward
*Council Annotation*
A100.03 D Existing Level 1 Floor Plan, May 2025
prepared by Cayas and Ward
*Council Annotation*
A100.04 D Existing West Elevation, prepared May 2025
by Cayas and Ward
*Council Annotation*
A100.05 A Proposed West Elevation, prepared May 2025
by Cayas and Ward
*Council Annotation*
2. No entertainment, amplified music or bands are to operate or to utilise the timber deck or
landscaped beer garden area.
3. The hours of operation of the servery are not to extend past 10:00pm on any given night.
4. The area approved for use as an outdoor dining area/beer garden is limited to the timber
deck area and four tables in direct association with the existing landscaped open space as
indicated on the amended plan.
5. The timber deck is not to be enclosed at any later stages by means of lattice, plastic or fabric
awnings. These side walls are to remain open at all times. The applicant is to note that
Council is unlikely to favourably consider any application for the enclosure of this structure
or replacement of the fabric roof with permanent “hard” materials.
6. All lighting is to be so positioned as to not cause any illumination outside the immediate
vicinity of the site.
Page 2 of 7
Document Set ID: 23993968
Version: 4, Version Date: 05/08/2025
Page 3
7. There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
8. The open space and setback area are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape 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 landscape plan, prior to the premises
being occupied and maintained at all times thereafter to the reasonable satisfaction of the
Shire Planner.
9. This landscaping plan is to provide dense screen landscaping for a minimum of 6.0m along
Noosa Drive frontage, 3.0m along the northern boundary to the carpark ad to the rear (east)
of the proposed deck area. This landscaping plan is to indicate detail of proposed fencing
and screening to these areas. These details are to discourage the uncontrolled crossing for
patrons from the footpath or carpark into the area.
10. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use. The landscape
plans referred to above are to denote area of existing vegetation or existing trees proposed
to be retained.
11. Construction work and other associated activities are permitted only during the hours of
7.00a.m. to 6.00p.m. Monday to Saturday. No work is permitted on public holidays, except
where extended hours are approved by the Building Surveyor.
12. Any advertising sings or devices is to comply with the provisions of Council’s policies on
advertising.
13. Payment of contributions in accordance with Council’s Policy on Water Supply and Sewerage
Headworks. An estimate only of the charges as at June 1995, under the current policy is as
follows:-
Water Supply - $4302
Sewerage - $3967
TOTAL: $8269<
Please note that the headworks charges will alter in accordance with Price Index variations
or if any amendment is made to Council’s policy.
Headworks contributions shall be calculated and paid in accordance with either of the
following alternatives: -
13.1. Payment to be made prior to the issue of a Building Approval in the amount calculated
under the Policy at that date; or
13.2. Payment may be deferred to a date:-
13.2.1. prior to Council sealing plans of the development for titling purposes; or
13.2.2. prior to the issue of a Certificate of Classification for any building approved
under this application; or
13.2.3. prior to commencement of the approved use at the relevant premises;
Whichever is the sooner. Payment of deferred headworks contributions shall also be subject
to the following requirements:-
13.2.4. Submission of a trading bank guarantee to the value of headworks
assessed at the time prescribed by the Local Government (Planning and
Environment) Act 1990, plus 20%, prior to Building Approval;
Page 3 of 7
Document Set ID: 23993968
Version: 4, Version Date: 05/08/2025
Page 4
13.2.5. Headworks shall be calculated as the value of headworks assessed at the
time prescribed by the Local Government (Planning and Environment) Act
1990, plus interest charged at the rate set by the Queensland Treasury
Corporation for Local Government borrowings as they apply to Noosa
Shire. The interstate used shall be the rate current at the “time prescribed”
above;
13.2.6. Should the contributions not be paid at the due time, Council shall call upon
the security Lodged; and
13.2.7. in the case of a building permit, if a permit expires the securities held will be
returned.
14. The developer shall bear the cost of alteration of any public utility or other facilities
necessitated by the developer of the land or associated construction works external to the
site.
15. 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.
16. Submission of two sets of professionally drawn scale plans in compliance with Council’s
Code controlling food establishments for approval by Council’s Health Surveyor, for any food
premises proposed to be included in development. Approval is to be obtained prior to fitting
out the building.
17. Provision of any imperviously paved and drained area to be drained to Council’s to 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 is to be setback a distance of two (2) metres from any road frontage.
A suitable hosecock and hose are to be located in the vicinity of the refuse container area.
18. Provision of separate toilet facilities for patrons, in addition to staff toilet facilities, in
accordance with Council’s Policy of 16th October, 1985.
19. The footpath and setback areas are to be kept clear of goods, signs and street furniture not
approved by Council.
20. Submission of a cash bond or trading bank guarantee to the sum of $3,000.00 secure
performance of conditions, prior to the issue of a Building Approval. The cash bond or trading
bank guarantee will be returned upon performance of the conditions of approval.
21. The provisions of this approval are to be effected, prior to the commencement of the
approved use. Council reserves the right to call upon the bond or guaranteed sum referred
to in this approval to effect compliance with conditions.
22. The Town Planning Consent Permit may be revoked pursuant to section 4.14 pf the Local
Government (Planning and Environment) Act if commencement of erection or works have
not been made in accordance with that Permit or the rights conferred by that Permit are not
exercised within two (2) years of the date of issue of the permit.
23. The Town Planning Consent Permit lapses where:-
23.1. the use or erection of a building or other structure associated with the use, has not
been commenced within four (4) years of the date of issue of the Town Planning
Consent Permit, unless application is made and approved by Council for an extension;
or
23.2. the use of any premises pursuant to the Town Planning Consent Permit ceases for a
period of twelve (12) months.
5. REFERRAL AGENCIES
Not applicable.
Page 4 of 7
Document Set ID: 23993968
Version: 4, Version Date: 05/08/2025
Page 5
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Aboriginal Cultural Heritage Act 2003
2. 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
3. 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.
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 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.
Page 5 of 7
Document Set ID: 23993968
Version: 4, Version Date: 05/08/2025
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,
Tiani Bird
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 11 September 1995.
• Decision Notice – Minor – 51995.1645.01 – 1 August 2025,
additional conditions 1 (a) and delete condition 1.
Page 6 of 7
Document Set ID: 23993968
Version: 4, Version Date: 05/08/2025
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.
Page 7 of 7
Document Set ID: 23993968
Version: 4, Version Date: 05/08/2025
Used in these records
Minor Change Existing Approval - 51995 1645 01 (As Published).pdfRelated documentApplication case desk ↗
About this file
- File size
- 166 KB (small file)
- File type
No other editions are linked here.