Council archive · source document
Minor Change Existing Approval - MCU19 0049 01 (As Published) · MCU19/0049.01
Officer: Matthew Pinese
Direct Telephone: 07 5329 6245
Our Reference: MCU19/0049.01
Your Reference: 625.011013.00001
18 June 2026
Real Assett Managment P/L Tte
C/- SLR Consulting Australia Pty Ltd
Level 16, 175 Eagle Street
BRISBANE CITY QLD 4000
[email protected]
Dear Max,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 22 April 2026, requesting a minor change to an existing
development approval. Council on 16 June 2026 decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU19/0049.01
Street address: 46 Maple St, Cooroy Qld 4563
Real property description: Lot 15 RP 851955
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 25 November 2019.
• Development Permit for Material Change of Use - Wellbeing - Type 1 Health
In relation to the request to make a minor change to the existing approval, Council on 16 June
2026, decided to approve the requested changes. The changes are detailed below.
A. Approve the Change.
B. Amend Conditions 4 and 34.
C. Include additional Conditions 73-76.
D. Include additional Advisory Note.
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.
Approved Plans
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
DA015 E Demolition Site Plan/Roof Plan 19.09.2019
DA016 E Demolition Lower Ground Level Floor Plan 19.09.2019
DA017 E Demolition Middle Ground Level Floor Plan 19.09.2019
DA018 E Demolition Upper Ground Level Floor Plan 19.09.2019
DA019 E Demolition Elevations 19.09.2019
DA020 G Proposed Site Plan/Roof Plan 17.10.2019
DA021 G Proposed Lower Ground Level Floor Plan 17.10.2019
DA022 G Proposed Middle Ground Level Floor Plan 17.10.2019
DA023 E Proposed Upper Ground Level Floor Plan 19.09.2019
DA030 E Proposed Elevations (as annotated by Council) 19.09.2019
DA040 E Proposed Sections 19.09.2019
DA060 E Material Board (as annotated by Council) 19.09.2019
DA080 E Design Response 19.09.2019
DA090 B Proposed Site Coverage Plan 19.09.2019
DA-01 H Development Application Concept Landscape Plan 02.08.2019
DA-03 H Development Application Concept Landscape Plan 02.08.2019
Sheet 03 of
05
DA-03 H Development Application Concept Landscape Plan 02.08.2019
Sheet 04 of (as annotated by Council)
05
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
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Currency Period
4. The currency period for this development approval lapses if the use has not happened by 26
November 2029, unless an application to extend the currency period is approved by Council
Building Height
5. The maximum height of the development must not exceed 9 metres above the finished
ground level and the natural ground level.
6. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
buildings do not exceed the maximum height requirement of this Decision Notice
Dedication
7. Prior to the issue of any Development Permit for Operational Works or the sealing of any
survey plan associated with the development approval, whichever occurs sooner, a two (2.0)
metre wide strip extending across the full length of the frontage to Hospital Lane is to be
dedicated to Council as ‘Road’.
8. Any proposed window hoods/eaves must not encroach more than 600mm onto dedicated
land.
Performance Bond
9. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 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.
Safety and Security
10. All pathways must have grades not exceeding 1 in 20, with paths having hard, slip resistant
surfaces.
11. The building entrance and reception area must be clearly visible and identifiable from the
street. Alternatively, signage and lighting must be provided at strategic locations to direct
people to the building entrance.
Building Appearance
12. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary;
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties. Where screened by landscaping, landscaping beds must be at
least 1.5 metres wide.
13. No part of the site may be used for outdoor storage of materials unless specified on the
Approved Plans or the conditions of this Decision Notice. Materials stored outside of the
building must not exceed 4 metres in height or half the height of the building, whichever is
the greater.
14. Roof materials must be non-reflective and designed with colours and styles to minimise the
visual impact of the development in accordance with the Materials Board plan dated
19.09.2019.
15. Weather boarding shown as ‘white’ on Plan no. DA060, Material Board, (as annotated by
Council) must be a muted tone or off white colour so as to blend with the colour palette so
as to soften the appearance of the building.
16. Undercroft skirting or screening (eg. timber battens) must be provided to the full height of
any undercroft areas at the north western car park.
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Protection of Privacy
17. To ensure privacy is protected to adjoining properties, all windows and glass doors located
on the upper level of the northern and southern building face must either:
a. have a minimum window sill height or 1.5 metres above floor level
b. be fitted with translucent glazing
c. be fitted with a fixed external screen
Fencing
18. A 1.8 metre high acoustic fence must be provided along the full length of the southern and
northern boundaries of the site tapering down towards the front boundary approximately 6
metres in from the front boundary to a maximum height of 1.2 metres. The fence must be of
double sided timber construction and its details must be included in the application for
Operational works for landscaping.
19. Any street fencing must be setback an average of 1 metre from the front property boundary.
Any fencing on the front boundary must be of open construction (eg picket and/or wooden
rail) and no greater than 1.2 metres in height. Fencing style and detail must be included in
the application for operational works for landscaping.
Landscaping
20. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. The works shown on the approved Concept Landscape Documentation plan;
b. A minimum of 5 x 100L street trees that are of local native species generally
located in front of the new southern building facing Maple Street, positioned between
the front boundary and the footpath, so as to provide suitable shading of the footpath;
c. Landscaping must provide for local native shade trees suitable for the area to
reduce solar reflection and provide local amenity;
d. Landscaping must provide a range of ground covers and shrubs to soften the
bulk of the buildings and provide visual disruption of continuous walls and facades;
e. Landscape gardens beds must be of sufficient depth, area and growing media to
promote good plant growth;
f. Demonstration that all trees and vegetation identified for retention must be protected
in accordance with AS 4970, Protection of trees on development sites.
21. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
Landscaping in dedicated land
22. Landscaping is to be provided within the land to be dedicated on Hospital Lane in accordance
with an Operational works approval.
Retention of Existing Trees
23. All works must be carried out in accordance with section 6 of Preliminary Arboricultural
Impact Assessment, prepared by Consult Arborist Pty Ltd, and dated 31/01/2019.
24. The trees identified for retention in section 6 of Preliminary Arboricultural Impact
Assessment, prepared by Consult Arborist Pty Ltd and dated 31/01/2019 must be maintained
in good health for the life of the tree.
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Advertising devices
25. Proposed signage for the premises is to be in accordance with Council’s signage policy.
Ambulance Bay
26. The existing ambulance bay roof (Porte Cochere) must be upgraded to ensure that
ambulances can be accommodated within the structure and allow for drive-through for an
urban ambulance vehicle (eg Mercedes Benz Sprinter 519 Bariantric-Specialist) and provide
a minimum headroom of 3.2m. This upgrading work must be completed and certified prior to
the commencement of use of the new buildings.
Retaining walls and Fall Protection
27. To preserve amenity and the heritage character to Maple Street, the retaining wall associated
with the proposed south parking area and its access ramp, shown on Elevation Plan (East)
DA030 Rev E, dated 19/09/2019 (as annotated by Council), should only be as high as it
needs to be for structural and/or earthworks retaining purposes and not be extended above
the finish ground level. Any required fall protection and/or fences above the retaining
structure is to be a picket or wooden rails fence style and its details must be included in the
application for Operational works for landscaping.
Frontage Works – Hospital Lane
28. Hospital Lane must be provided with two passing bays. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. Road widening to provide vehicle passing bays minimum length of 12.0m and an
overall minimum width of 6.0m;
b. The passing bays must include a minimum 10.0m long tapers at both ends of the
passing bays to provide transition between the new 6.0m wide bitumen seal and
existing width of lane’s bitumen, about 3.0m;
c. The new road widening works must include kerb and channel consistent and tying with
the existing;
d. The road widening works should have a minimum clearance of 600mm from the face
of kerb line to the new property boundary line;
e. Suitable linemarking and signage to prohibit parking along the passing bays;
f. Passing lanes may be located near or to include the proposed driveway crossovers to
the property.
Condition 28 is imposed pursuant to s665 of the Planning Act 2016 being non-trunk
infrastructure.
29. Any existing redundant driveway must be removed and the grassed verge be reinstated or
landscaped to match proposed finish surfaces.
30. Any damaged kerb and channel along the frontage of the property must be replaced to the
reasonable satisfaction of Council.
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Frontage Works – Maple Street
31. The frontage to Maple Street is to be upgraded for the length of its frontage to the subject
site to Maple Street. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
a. Upgrading of the existing concrete pedestrian pathway to a 2.0m wide new concrete
pathway in accordance with standard drawing RS-065 and must be tapered and
extended beyond the frontage of the site to match the width and levels of adjoining
existing sections of pathway;
b. Any required pedestrian access to the site;
c. Any reinstatement of verge area to match the new pathway, including the provision of
topsoil and turf where the existing verge is grassed;
d. Landscaping as required by the landscape conditions of this permit.
Note: Condition 31 is imposed pursuant to s646 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development.
Pedestrian and Bicycle Facilities
32. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. Internal pedestrian footpaths in accordance with the approved plans
b. A total of 32 bicycle parking spaces, provided in accordance with AS2890.3 Bicycle
Parking Facilities; and AUSTROADS Guide to Traffic Engineering Practice, Part 14 –
Bicycles, Section 10, within the building and include some that are externally visible on
the Maple Street frontage.
c. End of trip facilities of one locker per two bicycle space and one shower cubicle with
ancillary change room per 10 bicycle spaces or part thereof.
Site Access and Driveways
33. Sealed access driveway must be provided to all parking and manoeuvring areas generally in
accordance with approved plans. The works must be undertaken in compliance with an
Operational Works approval and must include in particular:
a. Detailed design prepared and certified by suitably qualified RPEQ in accordance with
the relevant requirements of engineering standard AS/ 2890.01.
b. Driveway crossovers generally in accordance IPWEAQ standard drawing SEQ R-051.
Car Parking
34. A total of 63 car and at least 10 motorcycles parking spaces are required to be supplied for
the site, including additional and/or altered existing parking spaces as detailed in conditions
35 & 36.
35. Car and motorcycle parking spaces must be provided within the south parking area generally
in accordance with approved plans and be designed in compliance with the requirements of
engineering standard AS/ 2890.01, and made available and accessible at all times while the
use is open for business. The works must be undertaken in compliance with an Operational
Works approval and must include in particular:
a. Additional 25 visitor parking spaces within the total, which are clearly marked for that
purpose and accessible at all times for visitor use.
b. 4 motorcycle spaces.
c. The parking area, the entry ramp from Maple Street and exit driveway to Hospital Lane
must be line marked and sign posted to indicate one way traffic and prohibit wrong way
usage.
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36. Additional car and motorcycle parking spaces must be provided within the proposed north
parking area, and allocated for use by staff generally in accordance with approved plans.
The works must be and be designed in compliance with the requirements of engineering
standard AS/ 2890.01 undertaken in compliance with an Operational Works approval and
must include in particular:
a. Allocated 21 staff parking spaces accessible through a boom gate managed generally
in accordance with the strategy outlined in KDC letter dated 23 October 2019. A
detailed carpark management strategy associated with the boom gate, including
location of the boom gate, and how it will be operated by drivers must be submitted
with the application for Operational Works for Council’s endorsement/approval.
b. 6 motorcycle spaces
37. All motorcycles and car parking spaces must be in compliance with the applicable standards.
38. Pedestrian routes within parking areas must be provided in accordance with the approved
plans/conditions of this Decision Notice and be shown on the plans submitted with the
application for Operational Works.
39. Carparking areas and access points to Hospital Lane must be provided with vandal resistant
public lighting with intensities to satisfy the requirements of Australian Standard AS1158:
Public Lighting Code and do not adversely impact on other residences and properties, and
must be shown on the submitted plans for operational works.
40. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
41. Directional signage must be provided to direct visitors to the car parking spaces provided on
site.
42. All linemarking and traffic signage associated with the new works must be provided in
accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and AS 1906.1,
and in compliance with an Operational Works approval.
Earthworks
43. All earthworks and earth retaining works 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.
Waste Management
44. A detailed operational waste management plan must be submitted with the operational works
the application of the civil works for Council’s assessment and approval, including but not
limited to the following details:
a. Waste storage details, locations and associated signage.
b. Waste collection details, procedures and times tables of collection.
c. Waste collection vehicles routes and manoeuvring within the site, entry and exit from
the site, and taking into consideration the final engineering design for the northern
access to Hospital Lane.
Service vehicles
45. Service/delivery vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 6.30am 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.
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Amenity
46. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any
other emissions in accordance with the nuisance provisions of the Environmental Protection
Act 1994.
47. All mechanical equipment on site must be in accordance with the Environmental Noise
Assessment, prepared by Acoustics RB Pty Ltd dated October 2018.
Noise Nuisance
48. Noise emission from mechanical equipment must comply with the following requirements:
a. Air-conditioning, refrigeration, fans including mechanical exhaust fans/ventilation, plant
rooms and refuse compactors:
• 7am to 10pm: Maximum background + 5dB(A)
• 10pm to 7am: Maximum background + 3dB(A)
49. Submission of written certification from a suitably qualified person confirming that the noise
levels from all mechanical equipment comply with the noise requirements of this Decision
Notice when measured at either the residential boundary or outside the most exposed part
of an affected building, whichever is the closest to the equipment.
Easements
50. 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.
51. Where required, 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.
52. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Stormwater
53. 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.
54. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and the Water by
Design Bioretention Technical Design Guidelines, or more current Water by Design
document, and must include in particular detailed design of Stormwater quality treatment
devices of a size generally in accordance with those shown in Section 6 and Appendix C of
the of the Stormwater Management Plan for Eden Private Hospital Expansion 46-50 Maple
Street, Cooroy by ADG Engineers (Aust) Pty Ltd dated 03 September 2019.
55. All stormwater quality treatment devices must be maintained in accordance with the Water
by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). Records of all
maintenance activities undertaken must be kept and made available to Council upon request.
56. In accordance The Noosa Plan, permanent educational signage must be erected to educate
the public about the function of the bioretention device(s). The dimensions, standard,
presentation and location of the educational signage must be in accordance with an
Operational Works approval.
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Outdoor Lighting Devices
57. Lighting associated with the use must be designed, sited, installed and tested to comply with
Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of
outdoor lighting” using a control level of 1.
58. Certification must be submitted to Council from a qualified person which certifies that all
outdoor lighting devices comply with the requirements of this Decision Notice at the time of
commissioning.
59. For the purpose of certifying outdoor lighting devices for the development, a qualified person
is:
a. a Registered Professional Engineer of Queensland;
b. an environmental or electrical design consultant with a minimum of 3 years current
experience in the field of outdoor lighting.
DEMOLITION
Approved Plans
60. Demolition must be undertaken in accordance with this approval and comply with the
approved plans of development.
Performance Bond
61. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted to Council prior to the commencement of demolition works. The cash bond or
trading bank guarantee will be returned on performance of the demolition conditions of this
approval less any costs incurred by Council in respect of enforcing performance of these
demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to
effect compliance with conditions.
Works
62. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
63. A Waste Management Plan (demolition) must be submitted in accordance with Planning
Scheme Policy 11 - Waste Management Plan and approved by Council’s Waste Coordinator
prior to the commencement of demolition works.
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. Traffic Management Plan prepared by suitably qualified person for the demolition works
period. All required traffic control signage must be in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD);
b. All required erosion and sediment control measures to be employed or undertaken
during the demolition works to ensure sediment and other material from the demolition
does not leave the site;
c. The erosion and sediment control measures must be designed, installed and maintained
in accordance with current best practice standards until all disturbed surfaces are
stabilised;
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d. The areas for the storage and separation of waste shown on a site plan;
e. A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed;
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.
Damage to infrastructure
64. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
65. The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s
and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or
landscaped in accordance with Planning Scheme Policy PSP 3 – Landscaping Plants and
Guidelines and to the satisfaction of Council so as to not cause nuisance to the surrounding
area.
66. All waste materials must be removed from site.
Litter, erosion and sediment control
67. Litter, erosion and sediment control measures must be installed and maintained until soils
are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
Asbestos
68. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
69. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
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70. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
71. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
72. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2003’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
Additional Conditions – MCU19/0049.01 – 16 June 2026
PRIOR TO COMMENCEMENT OF WORKS (INSTALLATION OF FIRE PUMP)
73. Prior to the commencement of any works on site, an Arborist Report must be prepared by a
suitably qualified person.* The report must identify all trees to be retained as shown on the
approved plans and outline detailed tree protection measures in accordance with AS
4970:2025 Protection of Trees on Development Sites.
*(Refer to Advisory Note)
74. Tree protection fencing must be installed under the supervision suitably qualified person.*
(Refer to Retention of Existing Trees Conditions)
DURING CONSTRUCTION (INSTALLATION OF FIRE PUMP)
Retention of Existing Trees
75. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
76. A qualified person * must be engaged for the duration of the works to:
a. Ensure tree measures are installed and maintained during construction in accordance
with AS 4970, Protection of trees on development sites and an Arborist Report,
prepared by suitably qualified person.*
b. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing and earthworks).
c. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
d. Oversee approved tree removal in proximity to retained trees
*(Refer to Advisory Note)
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 on 07 3247 6212 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.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's DA Planning Section to
arrange a Development Compliance Inspection.
Nature and Extent of Approved Development
4. The assessment of this development was based on a proposal having a maximum site cover
of 52%, as depicted on the Approved Plans.
Infrastructure Charges
5. 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.
Sustainability
6. In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building
design for residential and commercial development. Council encourages the use of
sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems
(including the use of inverter/charges), water saving devices and rainwater harvesting. For
further information go to http://www.noosa.qld.gov.au/sustainable-homes
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Performance/Maintenance Bond
7. Where the works include Council assets (construction of new or modifications to existing) a
portion of the performance bond will be retained as a “maintenance bond” as described in
Council’s Planning Scheme Policy 5 Engineering Design Standards – Roads, Drainage and
Earthworks. Alternatively the developer may submit a separate “maintenance bond” at the
completion of the works.
The bond amount will be:
a. 5% of the agreed value of the works or
b. $1500, whichever is the greater amount
8. A minimum on-maintenance period of 12 months will apply to all municipal works and
thereafter until such time as the works are performing in accordance with the approved
design unless noted otherwise in the conditions of the operational works permit approval.
Building and Construction Industry (Portable Long Service Leave) Levy
9. 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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
10. 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.
Preparation of a Preliminary Construction Management Plan
11. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. maintenance of safe pedestrian access for the areas affected by the works during
and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the development
iv. approval of the Traffic Management Control Plan by the Department of Transport
and Main Roads (DTMR) for any works on State controlled roads
v. provision for worker car parking
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic, services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
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Page 14
f. details on the location of external fill sites/sources, the haulage route, type of vehicle
to be utilised during filling operations and frequency of usage. NB any damage to the
existing road system as a result of haulage operations shall be fully repaired at the
applicant’s expense
It is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed to
construct the works and a final document will be required to be submitted at the Pre-Start
Meeting for the project.
Qualified Person
12. Undertaking, supervising tree works and preparing arboricultural reporting and certification,
is considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of
tree quality (NATSPEC) assessment and either:
a. International Society of Arboriculture (ISA) certification; or
b. A Diploma of Arboriculture (min AQF level 5)
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 Access, Earthworks, Frontage Works,
Stormwater, Landscaping
Development Permit for Building Works Private Certification for construction
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
Matthew Pinese
Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 25 November 2019.
• Decision Notice – Minor – MCU19/0049.01 – 16 June 2026, with an amendment to conditions 4 & 34, include additional conditions
73-76 and include additional advisory note.
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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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