Council archive · source document
Minor Change Existing Approval - RAL21 0012 01 (As Published) · RAL21/0012.01
Officer: Matthew Pinese
Direct Telephone: 07 5329 6245
Our Reference: RAL21/0012.01
Your Reference: n/a
18 June 2026
Snowlake Pty Ltd TTE
C/- Tom Offermann Real Estate
92 Noosa Pde
NOOSA HEADS QLD 4567
[email protected]
Dear Tom,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 12 May 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: RAL21/0012.01
Street address: 100 Hilton Terrace, Noosaville Qld 4566
Real property description: Lot 1 on SP315600
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 25 August 2021.
• Development Permit for Reconfiguring a Lot – 1 into 3 lots
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 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 works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for compliance assessment.
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
0207 A Subdivision Plan, prepared by Pivotal 27/04/21
Perspective
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Currency Period
4. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 28 August 2028,
unless an application to extend the currency period is approved by Council.
Water & Sewer Connection
5. An underground connection to reticulated water and sewerage must be provided to each lot
in accordance with the standards and requirements of Northern SEQ Distributor–Retailer
Authority (Unitywater).
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 each lot
Boundary Encroachments
6. The building must be demolished and the site suitably controlled/stabilised prior to sealing
the survey plans. Notably a separate development permit for building demolition is required.
External Works
7. The existing landscaped island in the frontage of proposed Lot 3 must be modified to provide
a suitable vehicle access to the lot. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
7.1. An opening located generally in accordance with the approved plan
7.2. The ends of the opening shaped generally in accordance with the existing island
7.3. The replacement elsewhere on the island of any vegetation removed due to the works
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8. Additional line marking and signage must be installed within the road formation across the
frontage of the site and in the areas adjacent to the proposed access driveways. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular line marking and signage:
8.1. to indicate to drivers and pedestrians that the area is shared pedestrian area,
8.2. that is sufficient to ensure a safe outcome for path users, and
8.3. be in accordance with AGRD06A-17, Guide to Road Design Part6A Paths for Walking
and Cycling AGRD Part 6A
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Property Access and Driveways
9. A residential driveway must be constructed to Lots 1, 2 and 3. The driveways must be
constructed prior to the sealing of the survey plan and undertaken in accordance with an
Operational Works approval. The driveway must:
9.1. be located generally in accordance with the approved plans, and
9.2. be generally in accordance with Council’s Standard Drawings
10. Vehicle access to Lots 1, 2 and 3 is limited to the constructed driveway only. A clause must
be included in the contract of sale for Lots 1, 2 and 3 which requires vehicle access to be
from the constructed driveway only, and which prohibits the driveway from being relocated
without Council agreement.
The following property note or similar will be added to Council’s rates records for the lots to
advice Private Certifiers, owners and prospective purchasers of the access requirements:
“To ensure the safety and efficiency of the road network vehicle access to this lot must be
from the constructed driveway only unless otherwise approved by Council (refer to Council
Approval RAL21/0012).”
Stormwater Drainage
11. Stormwater runoff from the development must be discharged to Council kerb and channel in
Hilton Terrace or disposed of on-site without causing scour or damage to the subject site or
any adjoining property. The works must be undertaken in accordance with an Operational
Works approval.
Services
12. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with an approval for Operational Works and the standards and requirements of
the relevant service provider.
13. 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.
14. 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
15. 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.
16. 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.
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17. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
18. 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.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
1. 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.
Co-ordination of Operational Works Assessment
2. 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
3. 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. 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
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ii. dispute resolution procedures
f. 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.
7. PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
RAL21/0012 - Property Access Driveway
The following notation applies to approve lots 1, 2 & 3:
To ensure the safety and efficiency of the road network vehicle access to this lot must be
from the constructed driveway only unless otherwise approved by Council (refer to Council
Approval RAL21/0012).
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, External Access, pedestrian
footpaths.
Development Permit for Building Works Demolition of Building Works
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.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully
Matthew Pinese
Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 25 August 2021.
• Decision Notice – Minor – RAL21/0012.01 – 16 June 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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Version: 4, Version Date: 18/06/2026
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