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Decision Notice - Approved by Delegation of Authority MCU25 0087 (As Published) · MCU25/0087
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6245
Our Reference: MCU25/0087
Your Reference: 20251021
27 March 2026
C Seymour
C/- Adapt Development Management P/L
Level 1/103 Sippy Downs Dr
SIPPY DOWNS QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 20 March 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU25/0087
Street address: 17 The Esplanade, Sunshine Beach Qld 4567
Real property description: Lot 678 RP 48111
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Dwelling house
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
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
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the works have not substantially started by 22 March
2032, unless an application to extend the currency period is approved by Council.
Approved Plans
3. 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
WD.201 DA2 Basement Level Plan 19.12.2025
WD.202 DA2 Main Level Plan 19.12.2025
WD.203 DA2 Upper Level Plan 19.12.2025
Annotated by Council
WD.204 DA2 Roof Plan 19.12.2025
Annotated by Council
WD.501 DA2 East & West Elevations 19.12.2025
WD.502 DA2 North Elevation 19.12.2025
WD.503 DA2 South Elevation 19.12.2025
WD.601 DA2 Section A 19.12.2025
WD.602 DA2 Sections B & D 19.12.2025
WD.603 DA2 Section C 19.12.2025
Building Height
4. The maximum height of the development must not exceed 8.0 metres above the ground level
including where excavation is undertaken.
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Site Access and Driveways
6. A sealed access driveway must be provided from The Esplanade 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. a driveway crossover in accordance with Council standard drawings RS-049 and RS-
050
Stormwater Drainage
7. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge without causing scour or damage to the subject site or any adjoining properties.
Easements
8. 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.
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9. 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.
10. 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
11. All works must be carried out in accordance with the recommendations contained in
Tectonic’s Geotechnical Investigation (25289-001-Rev0) dated 19 November 2025 and
endorsed as part of the building approval.
12. A dilapidation survey must be carried out of all adjacent properties, structures and
infrastructure prior to the commencement of works and endorsed as part of the building
approval.
Earthworks and Retaining Walls
13. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be contained entirely within the subject site unless
written permission form 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.
14. 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.
15. 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
16. 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.
Building Bulk
17. The upper level Outdoor Courtyard and ground level Sauna and Seating area is not approved
to be roofed, covered with an impervious material or covered with an operable roof (as
annotated on the Approved plans).
Coastal Protection
18. All lighting must be positioned and managed to reduce sky glow and light spill onto the beach
to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings. The following
must be undertaken:
a. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
must have 15% visible light transmittance tinting.
b. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
must be fitted with opaque blinds, to be drawn from 8pm during turtle nesting and
hatching season (October – May).
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c. All outdoor lights must have a maximum of 2700 K correlated colour temperature
(CCT). All indoor lights must have a maximum of 3000 K CCT. All lighting (interior and
exterior) must avoid the use of halogen, metal halide, or fluorescent lights.
d. Amber LED (590-610 nm) or low pressure sodium lighting must be used as a standard.
Warm white is to be used only where colour rendition is required. LED lights must not
contain short wavelength blue light and supplier should be asked to provide spectral
power curve of requested LEDs to prove the absence of short wavelengths.
e. The number and wattage of lights must be minimised.
f. All lights must be recessed into structures and roof, and directed away from the turtle
nesting habitat.
g. No lighting is permitted on the roof of the building.
h. All outdoor lights, including balcony lights, must be turned off between 8:00pm and
sunrise during turtle nesting and hatching season (October – May).
i. External feature lighting to the building must be positioned below 8 metres in height
and turned off between 8:00 pm and sunrise during turtle nesting and hatching season
(October – May).
a. No upward lights or vertical illumination of the building, vegetation or other structures
using lighting that shines into the sky to be used. Where lighting is required for safety
purposes (including all corridors above ground level, stairwells, entry points etc.), the
lighting of these areas must be activated by proximity sensors or motion detectors with
an associated deactivation of the lighting after no more than 10 minutes during turtle
nesting and hatching season (October – May). For lighting in other areas, timers,
proximity or motion activated light sensors must be used wherever possible.
b. No decorative outdoor lighting is to be fitted to the buildings, open space or recreation
areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October –
May).
c. Pool lighting must be switched off after 8:00pm during nesting and hatching season
(October – May).
d. All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
19. Certification must be submitted to Council which certifies that the lighting requirements of
this Decision Notice have been met.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
25289-001 0 Geotechnical Investigation, prepared by 19/11/2025
Tectonic
B 17 The Esplanade, Sunshine Beach – 10/11/2025
Coastal Hazard Assessment, prepared by Moffatt
and Nichol
6. REFERRAL AGENCIES
Not applicable.
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7. 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-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
Building and Construction Industry (Portable Long Service Leave) Levy
2. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Preparation of a Preliminary Construction Management Plan
3. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
Performance Bond Agreement
4. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
Road Reserve Permit
5. This development permit provides the applicant with written authority to undertake the
development in accordance with the conditions. Any additional activities that are undertaken
inside Council’s road reserve for the purpose of acting on this development permit may
require a Road Reserve Permit. These additional activities may include, but are not limited
to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
Permit, or for more information, Contact Council’s Road Reserve Officer at
[email protected] Act 2014 – Fire Ant Control
6. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on Business and industry | National Fire Ant Eradication Program
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Coastal hazards assessment
Council’s Coastal Hazards peer assessment consultant agrees (BMT ref: 004013) the Moffat
& Nichol (MN]) Ref 252662-MN-RP-CO-0001B dated 10 November 2025) EPA
reassessment for 17 The Esplanade Sunshine Beach is outside the Erosion Prone Area.
Accordingly, it is not subject to PO1 of the Coastal Protection and Scenic Amenity Overlay
Code of Noosa Plan 2020 and the development meets the requirements of PO2 of the Code.
It is recommended that MN be requested to:
• update the legend for Figure 2-1 to correct the source of the imagery (Nearmap, not
Qld Globe).
• revise their Figure 5-9 to accurately reflect the extent of the EPA across the beach
profile seaward of 17 The Esplanade Sunshine Beach.
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 Operational Works Vehicle crossover
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Andrew Gaffney
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
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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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