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Minor Change Existing Approval - MCU22 0097 02 (As Published)
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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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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