Original source · versioned page text
Decision Notice OPW26 0069 (As Published)
Officer: Daniel Epps
Direct Telephone: 07 53296223
Our Reference: OPW26/0069
Your Reference: .
7 August 2026
Coast2Bay Housing Group Limited
C/- Arcos Group Pty Ltd
177c Brisbane Road
MOOLOOLABA QLD 4557
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 5 August 2026, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW26/0069
Street address: 64 Lake Macdonald Dr Cooroy Qld 4563
Real property description: Lot 2 SP 348613
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Operational Works - Drainage Works, Earthworks, Landscaping,
Roadworks, Stormwater
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. Where there are inconsistencies between the approved plan
and the conditions of the approval, the conditions of the approval override the approved
plans.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalLog in to download the original (Decision Notice OPW26 0069 (As Published).pdf)
Searchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 12 pages
Page 2
The approved plans are listed in the following table unless otherwise amended by these
conditions.
Plan No. Rev. Plan/Document Name Date
C201 C Earthworks Plan 24 April 2026
Prepared by ARCOS
C211 C Earthworks Sections & Details 24 April 2026
Prepared by ARCOS
C212 C Earthworks Sections & Details 24 April 2026
Prepared by ARCOS
C251 C Retaining Wall Plan 24 April 2026
Prepared by ARCOS
C261 C Retaining Wall Longitudinal Sections 24 April 2026
Prepared by ARCOS
C262 C Retaining Wall Longitudinal Sections 24 April 2026
Prepared by ARCOS
C263 C Retaining Wall Longitudinal Sections 24 April 2026
Prepared by ARCOS
C281 C Retaining Wall Longitudinal Sections 24 April 2026
Prepared by ARCOS
C301 C Development Site Plan 24 April 2026
Prepared by ARCOS
C302 C Setout Plan 24 April 2026
Prepared by ARCOS
C311 C Roadworks Setout Plan 24 April 2026
Prepared by ARCOS
C321 C Roadworks Longitudinal Sections 24 April 2026
Prepared by ARCOS
C371 C Concrete Jointing Plan 24 April 2026
Prepared by ARCOS
C372 C Concrete Jointing Details 24 April 2026
Prepared by ARCOS
C401 C Stormwater Plan 24 April 2026
Prepared by ARCOS
Page 2 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026
Page 3
C411 C Stormwater Tank Section 24 April 2026
Prepared by ARCOS
C431 C Stormwater Longitudinal Sections 24 April 2026
Prepared by ARCOS
242228 CD-000 B Cover Sheet – Landscape Plans 23 April 2026
Prepared by Project Urban
242228 CD-001 A Specification Notes – Landscape Plans 17 April 2026
Prepared by Project Urban
242228 CD-002 B Specification Notes& Planting Schedules – 23 April 2026
Landscape Plans
Prepared by Project Urban
242228 CD-100 B Surface Finishes Plan – Ground floor – 23 April 2026
Landscape Plans
Prepared by Project Urban
242228 CD-101 B Surface Finishes Plan – First Floor – 23 April 2026
Landscape Plans
Prepared by Project Urban
242228 CD-200 B Planting Plan – Ground Floor – Landscape 23 April 2026
Plans
Prepared by Project Urban
242228 CD-201 A Planting Plan – First Floor – Landscape 17 April 2026
Plans
Prepared by Project Urban
242228 CD-300 A Construction Details – Landscape Plans 10 April 2026
Prepared by Project Urban
242228 CD-301 A Construction Details – Landscape Plans 10 April 2026
Prepared by Project Urban
242228 CD-302 A Construction Details – Landscape Plans 10 April 2026
Prepared by Project Urban
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 5 August 2028, unless an application to extend the currency period
is approved by Council.
Page 3 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026
Page 4
SITE SPECIFIC CONDITIONS
Erosion and Sediment Control Plans
3. Submit a site-specific Erosion and Sediment Control Plan in accordance with the
International Erosion Control Association’s (IECA) Best Practice Erosion and Sediment
Control and prepared by a suitably qualified person (RPEQ and/or CPESC). The Plan must
be submitted prior to the commencement of works.
4. Prior to the commencement of bulk earthworks:
a. a hold-point inspection is required with a Council delegate to review that the erosion
and sediment controls on-site generally reflect the Erosion and Sediment Control Plan.
b. certification from a suitably qualified person (RPEQ and/or CPESC) must be submitted
to Council certifying that the erosion and sediment controls on site have been installed
in accordance with the Plan and IECA’s Best Practice Erosion and Sediment Control
Bonds
5. A performance bond of $5,000 is to be submitted to Council prior to the pre-start meeting.
The pre-start meeting will only be held once Council's Construction Engineering Officer has
confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council, including but not be limited to,
any bond administration fees, ensuring compliance with the conditions of this approval, or
any additional inspections incurred for substandard work or work undertaken not in
accordance with this approval.
6. Bonds must:
a. meet the requirements of Council’s Planning Scheme Policy 4 Performance Bonds and
Planning Scheme Policy 6 Engineering Design Standards;
b. be calculated based on an agreed schedule of works (for Maintenance Bonds only);
c. be lodged to Council with the relevant bond administration fee(s); and
d. be requested for release by writing to Council when relevant approval requirements
have been met.
(*) Refer to Advisory Note
PRIOR TO COMMENCEMENT OF WORKS
Engineering
7. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. civil engineering works;
b. landscape works;
c. erosion and sediment control works; and
d. other relevant parties.
A proxy may be nominated for any party unable to attend the meeting. Council must be
notified of any proxies prior to the pre-start meeting.
8. Submit a copy of the approved plans that are issued “For Construction” and duly signed by
the consultant Registered Professional Engineer of Queensland (RPEQ). Plans must be
submitted and approved by Council prior to the pre-start meeting.
9. Submit certificates demonstrating currency of public liability insurance and works insurance
covering the works. Certificates must be submitted to Council prior to the pre-start meeting.
Page 4 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026
Page 5
10. Submit a condition report documenting any existing defects in the road reserve or
infrastructure, including photographs of the site frontage. The report must be submitted to
Council prior to the pre-start meeting.
11. Submit a Construction Management Plan to Council prior to the pre-start meeting. The
Construction Management Plan must specifically address the following:
a. traffic management during all aspects of the construct phase including:
i. a Traffic Management Plan in accordance with Manual of Uniform Traffic Control
Devices (MUTCD) detailing all temporary signage and traffic control measures
prior to construction;
ii. maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the development;
iv. adequate parking arrangements for construction workers and deliveries; and
v. no queuing of trucks is permitted on residential streets;
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 and services and other relevant issues;
e. include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details;
g. identification of complaint management procedures including:
i. contact details for the on-site manager; and
ii. dispute resolution procedures.
h. details on the location of external fill/dump sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage.
Any damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense.
12. All necessary approvals from external service providers (e.g., Unitywater) and external
parties on which the development works are proposed have been obtained and a copy
supplied to Council.
13. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
14. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
Page 5 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026
Page 6
DURING CONSTRUCTION
Engineering
15. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
16. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
17. All works must be constructed and work procedure undertaken in accordance with:
a. the approved plans/documents and conditions detailed in this Decision Notice;
b. the relevant conditions of the higher order Material Change of Use approval viz.
MCU25/0118 to which this approval relates; and
c. all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
Landscaping Works
18. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
19. Landscape works must:
a. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
b. Ensure permanent irrigation is not installed within the road reserve; and
c. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
applied to all planting areas to ensure a minimum 100mm depth once settled.
20. Turfed areas must be must be free of pest, diseases and weeds and level with adjoining
surfaces.
21. Soil for landscaping must:
a. Provide for healthy and sustained site specific vegetation performance; and
b. Comply with AS4419, Soils for landscaping and garden use.
Roadworks (External Roadworks & Road Widening Works)
22. All pavement widening or construction of new pavement must join neatly to the existing
pavement so that there are no irregularities in line or level resulting at or adjacent to the join
for the length of the construction. Where necessary the existing pavement must be brought
to a satisfactory standard to allow for the above.
Pavement Design and Construction
23. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the driveway and car park areas will remain the
responsibility of the property owner/developer and must be certified by an RPEQ.
Page 6 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026
Page 7
Works within Road Reserve/Reinstatement
24. Safe pedestrian and vehicle access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out construction
works, Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
25. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
26. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Site Access and Driveways
27. Driveway crossovers must be constructed in accordance with council’s Standard Drawings:
a. RS-051 and any associated addendum.
28. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf and must be maintained by the developer until established.
29. The following must be complied with during the construction of the required
crossover/driveway:
a. driveway surfacing must consist of an approved hot mixed asphaltic concrete or
patterned/plain concrete;
b. decorative surfaces must be approved by Council, have a maximum 5mm depth
variation in the finished surface profile, and comply with AS4586, AS3661.1 and any
associated addendum;
c. the driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
d. underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
e. where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path;
f. have a minimum clearance of 500mm from any Unitywater/Energex/Telstra asset,
unless a written approval is obtained from Unitywater/Energex/Telstra and submitted
to Council; and
g. the property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage.
The developer is responsible for any necessary relocation of existing services to
provide this clearance and must contact the relevant service authorities and comply
with their requirements in relation to these works.
Earthworks and Retaining Walls
30. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council prior to the
commencement of the use.
Page 7 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026
Page 8
31. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
32. Fall protection must be provided to retaining walls that are over 1m high.
33. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas; and
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
34. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
35. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g., by blocking or interfering with natural overland flows).
36. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
37. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination.
38. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties.
The sediment and erosion control design and measures have NOT been approved, it is the
site's Supervising Engineer who is responsible for ensuring that the sediment and erosion
control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. Been revised to address predicted rainfall events; and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
39. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer’s instructions and the current best practice
standards. A copy of the latest erosion and sediment control plan, prepared and endorsed
by a suitably qualified person (RPEQ/CPESC), must be made available to Council within 5
business of request.
(*) Refer to Advisory Note
40. All erosion and sediment controls must be inspected to ensure the controls are not being
bypassed. Inspections must occur and be electronically recorded:
Page 8 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026
Page 9
a. at least daily (when work is occurring on site) or weekly (when work is not occurring on
site); or
b. within 24 hours of expected rain; or
c. within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to
mobilise sediment on site).
41. Earthworks and the implementation of erosion and sediment controls are undertaken in ways
which ensure flooding characteristics (including stormwater quantity characteristics) external
to the development site are not worsened during construction for all events up to and
including the 1% AEP (1 in 100 year ARI) event.
42. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
43. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
Damage to Services and Assets
44. 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.
PRIOR TO THE COMMENCEMENT OF THE USE
Certification
45. Upon completion of the work:
a. a certificate must be issued to Council by an RPEQ certifying that the works have been
constructed in accordance with the Operational Works permit; and
b. a condition report of the drainage system must be issued to Council. The report must
include a CCTV inspection of the existing network commencing from “1/EX” and “2/EX”
to the next downstream structures, inclusive.
46. Prior to commencement of use the following (prepared by respective qualified persons* and
certifying compliance with approvals) must be submitted to Council:
a. Landscaping certification confirming all works have been constructed in accordance
with conditions of approval.
b. Street/Public amenity trees meet AS2303 Tree stock for landscape use
47. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection.
Page 9 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026
Page 10
5. REFERENCE DOCUMENTS
Not applicable.
Plan No. Rev. Plan/Document Name Date
240444 2 Engineering Report (Including Stormwater 12 May 2026
Management Plan)
Prepared by ARCOS
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Advisory Notes
1. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed in accordance with standard drawings RS-056.
2. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
3. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
4. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Prestart, Hold-Point, and Final Inspections Request
5. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
6. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
Environmental Advisory Notes
7. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
8. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
Page 10 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026
Page 11
9. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
10. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
Qualified Person
11. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
c. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
Landscape Works
12. The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
Register where:
a. An inspection revealed that any constructed rehabilitation/landscape works do not
comply with the conditions of the Decision Notice, Approved Plans and or Approved
Documents
b. Certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
Public amenity trees are defined as any tree located within public streets, parks or areas that
will become publicly owned as a result of this development
Road Reserve Permit
13. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council’s road reserve
for the purpose of acting on this development permit may require a Road Reserve Permit.
These additional activities may include, but are not limited to, hoarding, pedestrian
diversions, laneway closures, etc. To apply for a Road Reserve Permit, or for more
information, Contact Council’s Road Reserve Officer at [email protected] Sealing
14. All works required by this permit must be completed and accepted by Council prior to
submitting an application for plan sealing.
Biosecurity Act 2014 – Fire Ant Control
Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
Page 11 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026
Page 12
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls
Performance Bond Agreement
15. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Daniel Epps
Senior Development Engineer | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
Page 12 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026
Page 13
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.
Page 13 of 13
Document Set ID: 25042466
Version: 3, Version Date: 07/08/2026