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                                                                                      Officer:            Tess Henare
                                                                                      Direct Telephone:   07 5329 6245
                                                                                      Our Reference:      MCU22/0097.02
                                                                                      Your Reference:     N/A

               28 July 2026


               Pomona Distilling Co.
               C/- Pomona Distilling Co.
               17/35 Paringa Rd
               MURARRIE QLD 4172
               [email protected]



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

               I refer to your application received on 8 July 2026, requesting a minor change to an existing
               development approval. Council on 23 July 2026 decided your requested changes.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              MCU22/0097.02

                   Street address:              14-16 Reserve St, Pomona Qld 4568

                   Real property description:   Lot 2 SP 115871

                   Planning Scheme:             Noosa Plan 2020 (20 March 2026)

               2.      DECISION DETAILS

               The following type of approval was issued on 3 January 2023.
               •       Development Permit for Material Change of Use - Food and Drink Outlet
               In relation to the request to make a minor change to the existing approval, Council on 23 July 2026,
               decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change.
               B.      Amend condition 4.
               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.
               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

                        1.2            -      Site Plan prepared by Josh Walker Studio             13.09.22

                        1.3            -      Ground Floor prepared by Josh Walker Studio          13.09.22

                        3.1            -      Roof Main prepared by Josh Walker Studio             13.09.22

                        4.1            -      Elevation prepared by Josh Walker Studio             13.09.22

                        4.2            -      Elevation prepared by Josh Walker Studio             13.09.22

                        6.2            -      Section 1 prepared by Josh Walker Studio             13.09.22

                        7.1            -      Landscaping Plan prepared by Josh Walker Studio      13.09.22

                      Nature and Extent of Approved Use
               3.     The approved use is to operate within the confines of the use definition of Food and Drink
                      Outlet as defined by the Noosa Plan 2020, and the conditions contained within this decision
                      notice.
               4.     The approved use must not operate outside the hours of:
                      a.      6am to 10pm Monday to Thursday
                      b.      6am to 12am Friday and Saturday
                      c.      9am to 10pm Sunday or any public holiday
               5.     The requirements of this condition must be included in the Community Management
                      Statement for any body corporate for the subject site.
               6.     Service vehicle movements associated with the approved use (including loading and
                      unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at
                      all on Sundays or public holidays. The requirements of this condition must be included in the
                      Community Management Statement for any body corporate for the subject site.
               7.     The total use area of the building (i.e., excluding the kitchen and food storage areas,
                      described as the “coldroom”, “food prep” and “storage” areas) must not exceed 175m2. The
                      area shown at the rear of the site shown as “access path” and “landscaping” are not to be
                      used for outdoor dining or use area associated with the Food and Drink Outlet, unless
                      otherwise approved by Council.
               8.     Amplified live music ceases to operate in outdoor space by 7:00pm seven days per week.
                      Currency Period
               9.     This development approval lapses if the use has not happened by 3 January 2029, unless
                      an application to extend the currency period is approved by Council.




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                      Lighting
               10.    Lighting of appropriate intensities is provided which satisfies the requirements of Australian
                      Standard AS1158: Public Lighting Code, unless otherwise specified in this Code.
               11.    Lighting is directed onto the site and away from neighbouring properties.
                      Performance Bond
               12.    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.
                      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.
                      Landscaping Works
               16.    The development site must be landscaped. A detailed Landscaping Plan is to be prepared
                      by a suitably qualified person and provided for approval to the Manager Development
                      Assessment prior to the commencement of Operational Works. The below items are to be
                      incorporated into the Landscaping Plan:
                      a.      All species are to be consistent with Noosa Plan, Planning Scheme Policy PSP2 –
                              Landscaping for that specific area;
                      b.      Provision of at least 1 x 45 litre pot size tree within the outdoor dining area to allow for
                              a large tree canopy to form the predominant shading of the outdoor dining area;
                      c.      Artificial grass is not to be incorporated into the landscaping in the development and is
                              to be removed.
                      d.      A minimum of 6 canopy trees (a minimum of 45 litres pot size), treated with porous
                              surface are to be provided within the car parking area.
                      e.      Existing vegetation on the site is to be retained.
                      Site Specific Conditions
               17.    The surface of the existing access handle and internal carpark must be upgraded to ensure
                      the carpark remains functional throughout the lifespan of the development. The works must
                      be undertaken in accordance with an Operational Works approval, be generally in
                      accordance with RECOR’s Roads Layout Plan (20220213-001) dated 21 October 2022, and
                      must include in particular:
                      a.      pavement patching; and
                      b.      crack sealing.
               18.    The property owner(s) is(are) wholly responsible for the ongoing maintenance of the access
                      handle and internal carpark and must ensure the access handle and internal carpark
                      maintains in their ‘as-constructed’ conditions.


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                      Car Parking
               19.    A minimum of 20 car parking spaces must be provided and marked on the site, and made
                      available and readily accessible while the respective uses are open for business. 12 of the
                      spaces are to be dedicated to the Food and Drink Outlet for use during hours of operation.
                      The works must be undertaken in accordance with an Operational Works approval, be
                      generally in accordance with Walk Studio’s Site Plan (1.2) dated 27 October 2022, and must
                      include in particular
                      a.      pedestrian routes in accordance with the conditions of this Decision Notice;
                      b.      disabled parking space/s within the total in accordance with Australia Standard for
                              Parking Facilities;
                      c.      dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
                              Parking Facilities.
                      Pedestrian and Bicycle Facilities
               20.    Pedestrian and bicycle facilities must be provided for the development. The works must be
                      undertaken in accordance with an Operational Works approval, be generally in accordance
                      with Walk Studio’s Site Plan (1.2) dated 27 October 2022, and must include in particular:
                      a.      pedestrian pathways between the proposed car parking area and the building/s.
                      Stormwater Drainage
               21.    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 be generally in accordance with RECOR’s Drainage Layout Plan (20220213-001) dated
                      21 October 2022.
                      Services
               22.    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.
               23.    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
               24.    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.
               25.    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.
               26.    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
               27.    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.
               28.    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.



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                      Damage to Services and Assets
               29.    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.
                      Waste Management
               30.    A Waste Management Plan (demolition) must be submitted in accordance with Planning
                      Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator
                      prior to issue of a development permit for Building Works for demolition, removal or
                      relocation.
                      The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
                      effective reuse and recycling of such materials. Segregated wastes attract significantly
                      reduced disposal fees at the landfill with some items free. Higher gate fees are charged for
                      mixed waste.
                      Waste storage areas must provide for adequate separation of all reusable, recyclable and
                      waste materials. These must be located so that they are convenient and safe to use.
                      The Plan must contain the following information:
                      a.      The areas for the storage and separation of waste shown on a site plan;
                      b.      A waste management table as indicated below is to be completed showing how waste
                              material is to be segregated - recycled – reused or disposed; and
                      c.      Table – Waste Management Table
                        MATERIALS ON-SITE                                     DESTINATION
                                                                   Re-use and Recycling                  Disposal
                        Expected waste       Estimated  On-site                 Off-site               *specify
                        materials            volume(m³) *specify     proposed   *specify contractor    contractor and
                                                          re-use or on-site     and recycling outlet   landfill site or
                                                          recycling methods                            other disposal
                                                                                                       site
                        Excavation
                        material
                        Green waste
                        Bricks
                        Concrete
                        Timber-please
                        specify
                        Plasterboard
                        Metals - please
                        specify
                        Asbestos
                        Other - please
                        specify
                      Note * If a demolition contractor is undertaking works, then the Waste Management table is
                      to be completed by the demolition contractor.
               5.     REFERRAL AGENCIES

               Not applicable.




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               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               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.
                      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.
                      Food Business Licences
               4.     Applications for food business licences under the Food Act 2006 are to be submitted to
                      Council prior to the commencement and construction of the Food and Drink
                      Outlet. Applications for Design Approval and Approval to Operate (including applications for
                      licences under the Food Act 2006) are to be submitted to and approved by Council for the
                      food premises, prior to the issue of a Development Permit for Building Work.
                      Building and Construction Industry (Portable Long Service Leave) Levy
               5.     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.
                      Qualified Person
               6.     For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
                      landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
                      current experience in the field of landscape design.




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                      Co-ordination of Operational Works Assessment
               7.     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.
                      Advertising Devices
               8.     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.
                      Infrastructure Charges
               9.     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
               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.




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               12.      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,

               Tess Henare
               Development Planner | Development Assessment
               Development & Regulation
               Enc:     Appeal Rights
                        Approved Plans/Documents

               DECISION NOTICE HISTORY
               •     Original Decision Notice – 3 January 2023.

               •     Decision Notice – Minor – MCU22/0097.01 – 30 October 2024, with an amendment to conditions 2 & 7.

               •     Decision Notice – Minor – MCU22/0097.02 – 23 July 2026, with an amendment to condition 4.




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Page 9

                                                                              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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