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Minor Change Existing Approval MCU22 0172 03 · OPW22/0243.03
Officer: Georgina Schramm
Direct Telephone: 07 53296569
Your Reference: 0450
29 May 2025
MOLTI SCIM Noosa P/L TTE
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 28 April 2025, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0172.03, OPW22/0243.03, RAL22/0024.03
Street address: 22 Grant St Noosa Heads Qld 4567
Real property description: Lot 90 RP 92518
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 25 January 2023.
• Development Permit for Material Change of Use - Dual occupancy
• Development Permit for Reconfiguring a Lot – Community Title Subdivision (2 lots)
• Development Permit for Operational Works – Access, Civil Works, Landscaping,
Stormwater
In relation to the request to make a minor change to the existing approval, Council on 23 May 2025,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 34.
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
Material Change of Use
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
2. Approved Plans
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
DA22-056-A01-03_03 03 Site Plan, drawn by Archend 24/3/2023
DA22-056-A02-01_08 08 Lower Floor Plan, drawn by Archend 24/3/2023
D22-056_A02-02_08 08 Mid-Level Floor Plan, drawn up Archend 24/3/2023
D22-056_A02-03_07 08 Upper-Level Floor Plan, drawn up 24/3/2023
Archend
D22-056-A02-04_05 05 Roof Level, drawn up Archend 24/3/2023
D22-056_A04-01_05 05 Elevations, drawn up Archend 24/3/2023
DA22-056_A04-02_05 05 Elevations, drawn by Archend 24/3/2023
DA22-056_A05-01_04 04 Section, drawn by Archend 24/3/2023
DA22-056-A05-02_04 04 Section, drawn by Archend 24/3/2023
DA5.01 RFI#3 Site cover & GFA, drawn by Black Wood 9/01/2023
Architecture & Design (annotated by
Council)
DA6.1 RFI#3 Materials & Finishes, drawn by Black 9/01/2023
Wood Architecture & Design
Currency Period
3. This development approval lapses if the use has not happened by 25 January 2029, unless
an application to extend the currency period is approved by Council.
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground level
as defined by Noosa Plan and be a maximum of 2 storeys.
5. The building must be constructed in accordance with the basement definition in Noosa Plan.
6. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building does not exceed the maximum height requirement of this Decision Notice.
Plot ratio
7. The development must not exceed a plot ratio of 0.4:1 in accordance with the Approved
Plans D22-056_A02-02_08 & D22-056_A02-03_07.
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Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Building Works or prior to pre-start meeting. 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.
Building Appearance
9. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties.
10. All deck and balcony areas must not be enclosed by permanent fixtures such as shutters,
louvres, glass panelling or the like.
Fencing and Walls
11. Any street fencing must be set back an average of 1 metre from the front property boundary.
Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
12. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Clothes Drying Areas
13. Each dwelling unit must be provided with access to an outdoor clothes line which is screened
from public view.
Landscaping Works
14. 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 (PSP 2 –
Landscaping) and must include in particular:
a. the works shown on the Approved Plans;
b. Exotic plant species should be largely present around the pool areas and not in the
front setback.
c. 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.
15. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Site Specific Conditions
16. The existing stormwater pit must be demolished and reinstated to match the existing kerb. A
new stormwater inlet pit and barrier kerb must be constructed and connected to Council’s
existing downstream stormwater network. The works must be undertaken in accordance with
the conditions of this Decision Notice and be generally in accordance with RECOR’s
Stormwater Layout Plan (20220218 – 040) dated 6 December 2022.
External Works
17. Grant Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken generally in accordance with the conditions of this Decision Notice,
RECOR’s Layout Plan (20220218 – 010) dated 9 November 2022 and must include in
particular:
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a. construction of a 1.5 metre wide pedestrian footpath in accordance with the conditions
of this Decision Notice;
b. removal of the existing property access and reinstatement of the kerb, footpath and
verge area to match the balance of the site frontage, including the provision of topsoil
and turf where the existing verge is grassed.
Condition 17 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Site Access and Driveways
18. A sealed access driveway must be provided from Grant Street to all parking and manoeuvring
areas of the development. The works must be undertaken generally in accordance with the
conditions of this Decision Notice and RECOR’s Roads & Drainage Layout Plan (20220218
– 010 dated 9 November 2022.
Car Parking
19. The site must be provided with a minimum of 4 car parks. The works must be undertaken in
accordance with the conditions of this Decision Notice be generally in accordance with
RECOR’s Layout Plan (20220218 – 010) dated 9 November 2022.
Stormwater Drainage
20. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken generally in accordance with the conditions of
this Decision Notice and RECOR’s Layout Plan (20220218 – 040) dated 6 December 2022.
Services
21. 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.
22. 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
23. 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.
24. 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.
25. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
26. All fill and associated batters must be undertaken generally in accordance with the conditions
of this Decision Notice, be generally in accordance with RECOR’s Bulk Earthworks Layout
Plan (20220218 – 020) dated 6 December 2022 and contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
27. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
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RECONFIGURATION OF LOT
Plan Sealing
28. Prior to Council issuing the Plan Seal, all works described within this Decision Notice must
be completed and accepted by a Council representative.
When Conditions Must Be Complied With
29. 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
30. 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
- - Proposed Community Title Subdivision -
Plan, drawn by JL 28/09
31. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
32. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
Currency Period
33. 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 25 January 2029,
unless an application to extend the currency period is approved by Council.
OPERATIONAL WORKS
APPROVED PLANS
34. 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
20220218 – 010 01 Layout Plan 6 December
2022
Prepared by RECOR
20220218 – 020 01 Bulk Earthworks Layout Plan 6 December
2022
Prepared by RECOR
20220218 – 021 01 Earthworks Longitudinal Sections 6 December
2022
Prepared by RECOR
20220218 – 040 B Stormwater Layout Plan 26.04.25
Prepared by RECOR
20220218 – 045 01 Stormwater Catchment Layout Plans 6 December
2022
Prepared by RECOR
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20220218 – 062 02 Driveway Long Section 6 December
2022
Prepared by RECOR
ED22295 OPW-2 D Planting Plan - Front, prepared by 04.11.2022
Element Design Landscape
(sheet 2 of 5)
Architecture
ED22295 OPW-3 D Planting Plan – Rear, prepared by 04.11.2022
Element Design Landscape
(Sheet 3 of 5)
Architecture
ED22295 OPW-4 D Details Plan, prepared by Element 04.11.2022
Design Landscape Architecture
(Sheet 4 of 5)
ED22295 OPW-5 D Plant List and Specification, prepared 04.11.2022
by Element Design Landscape
(Sheet 5 of 5)
Architecture
D22-056_A02-20_01 01 LOWER/MID GARDEN PLAN, 22.04.25
prepared by ARCHEND
CURRENCY PERIOD
35. The Currency Period for this development approval lapses if the development has not
substantially started by 25 January 2025, unless an application to extend the currency period
is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Bonds
36. A site control and/or compliance bond of $10,000 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 in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
37. Bonds must:
a. meet the requirements of council’s relevant Planning Scheme Policy for performance
and uncompleted works.
b. be calculated using a schedule of works and relevant bond equation.
c. include GST.
d. have approval of the bond calculations and amount from Council prior to lodgement.
e. be lodged with Council and accompanied by the Bond Administration Fee/s.
be requested for release by writing to Council, when relevant approval requirements have
been met.
Engineering
38. 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.
39. A condition report of the drainage system must be completed for agreement at the prestart
meeting. The condition report is to include a CCTV inspection of the existing pipe and must
include at least 50m upstream and downstream of all works.
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40. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting / prior to any works commencing.
41. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
42. 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. Other relevant parties
43. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control 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.
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.
44. 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.
45. 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.
DURING CONSTRUCTION
Engineering
46. 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.
47. 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.
48. 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. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
c. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
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Works within Road Reserve/Reinstatement
49. Safe vehicle and pedestrian 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.
50. 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.
51. 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.
Pathways
52. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
b. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards.
c. All paths must have a slip resistant surface.
d. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists.
e. The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
53. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety;
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
54. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-049, RS-050 and any associated addendum.
55. 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.
56. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete.
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties.
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway.
d. 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.
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e. 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
57. 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 2’ 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 Council signing
the Plan of Survey.
58. Fall protection must be provided to retaining walls that are over 1m high.
59. Slope and batters are a maximum grade of:
a. 1 in 4 for grassed areas.
b. 1 in 3 for planted areas
c. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
60. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
61. 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).
62. 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
63. 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.
64. 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.
65. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards * (Refer to Advisory Note).
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66. 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.
67. Prior to the completion of the development and commencement of use, all site surfaces must
be effectively stabilised using methods which have achieved effective short-term stabilisation
and which will continue to achieve effective stabilisation in the medium to long-term. For the
purpose of this condition, an effectively stabilised surface is defined as one that does not, or
is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or
lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
68. 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 COUNCIL SIGNING THE PLAN OF SURVEY
Certification
69. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
As Constructed Plans and ADAC XML Files (Council)
70. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information shall include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
c. The “As-Constructed” drawings will require certification by a:
i. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
ii. Licensed Surveyor in regard to the cadastral and locational information, levels
and applicable survey datum.
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d. The data must be in accordance with Council’s “Planning Scheme Policy 6 –
Engineering Design Standards”, and fully detail the levels for all engineering works
including but not limited to the drainage network and structures, finished ground and
pavement surface levels.
On Maintenance
71. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On
Maintenance’, the supervising RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit;
b. as Constructed details in accordance with Council’s Planning Scheme Policy;
c. maintenance and operational manuals for all proprietary or site specific devices.
Off Maintenance
72. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
73. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements;
b. submitted certification falsely states works comply with approval requirements.
74. 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.
LANDSCAPING
PRIOR TO COMMENCEMENT OF WORKS
75. A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving
at least five business days’ notice). The prestart meeting must be attended by the
responsible persons for:
a. Landscape works.
b. Tree protection requirements.
DURING CONSTRUCTION
General
76. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
77. 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. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
Landscaping Works
78. 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)
79. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property.
Other damage must be repaired prior to completion of works.
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80. Landscape works must:
a. Delineate all planting to any grassed area interfaces with a hard / timber / concrete /
spade cut edge.
b. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
c. Ensure permanent irrigation is not installed within the road reserve.
d. 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.
*(Refer to Advisory Notes)
81. Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
82. Soil for landscaping must:
a. Provide for healthy and sustained site specific vegetation performance; and
b. comply with AS 4419, Soils for landscaping and garden use.
FOLLOWING CONSTRUCTION
Supervision/Certification
83. Prior to commencement of use the following (prepared by respective qualified persons* and
certifying compliance with approvals) must be submitted to Council:
84. Landscaping certification confirming all works have been constructed in accordance with
conditions of approval.
(* Refer to Advisory Note)
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:
Infrastructure Charges
1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Community Title Scheme - Private Infrastructure
2. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority.
General Advisory Notes
3. 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-049, RS-
050 and any associated addendum.
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4. 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.
5. 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.
6. 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, On and Off Maintenance Inspections Request
7. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
8. 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.
9. A minimum 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.
Environmental Advisory Notes
10. 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
11. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
12. 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).
13. 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.
Retention of Existing Trees
14. All trees detailed for retention must be protected in accordance with best arboricultural
best industry practices.
15. Qualified Person, for the purpose of:
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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 Specifying Trees – a guide to
assessment of tree quality (NATSPEC) assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
Landscape Works
16. 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 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.
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 Building Works All building work.
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
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
Georgina Schramm
Development Planner
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Enc: Referral Agency Response
Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice - 25 January 2023.
• Decision Notice - Minor – MCU22/0172.01 – 5 June 2023, with an amendment to conditions 2 and 7.
• Decision Notice – Generally in Accordance – MCU22/0172.02 – 14 June 2024.
• Decision Notice - Minor MCU22/0172.03 – 23 May 2025, with an amendment to condition 34.
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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.
Page 16 of 16
Document Set ID: 23767301
Version: 0, Version Date: 01/01/1900
Used in these records
Minor Change Existing Approval MCU22 0172 03.pdfRelated documentApplication case desk ↗
Minor Change Existing Approval MCU22 0172 03.pdfRelated documentApplication case desk ↗
Minor Change Existing Approval MCU22 0172 03.pdfRelated documentApplication case desk ↗
Minor Change Existing Approval MCU22 0172 03.pdfRelated documentApplication case desk ↗
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