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Decision Notice - Approved by Delegation of Authority - MCU25 0146 (As Published) · MCU25/0146

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                                                                                        Officer:            Andrew Gaffney
                                                                                        Direct Telephone:   07 5329 6245
                                                                                        Our Reference:      MCU25/0146
                                                                                        Your Reference:     0761

               5 August 2026


               MC Howe & KS Howe
               C/- Pivotal Perspective Pty Ltd
               3/93 Hilton Tce
               TEWANTIN QLD 4565
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 30 July 2026, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              MCU25/0146

                   Street address:              22 Lorikeet Dr, PEREGIAN BEACH QLD 4573

                   Real property description:   Lot 708 P 93127

                   Planning Scheme:             Noosa Plan 2020 (26 September 2025)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Material Change of Use - Dwelling House (Front Building Setback
                       & Works within Coastal Protection and Scenic Amenity Overlay)
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

               PLANNING
                       When Conditions must be Complied With
               1.      Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                       the use commencing, and then compliance maintained at all times while the use continues




               ABN 97.969.214.121                                                               PO Box 141
               noosa.qld.gov.au                                                          Tewantin QLD 4565
               [email protected]                                                          07 5329 6500
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Document Set ID: 25028436
Version: 4, Version Date: 05/08/2026
Full text of the other 6 pages

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                      Currency Period
               2.     This development approval lapses if the works have not substantially started by 30 July
                      2032, unless an application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                        Plan No.       Rev.   Plan/Document Name                                  Date

                        100.00         DA2    Site Plan Proposed prepared by Aphora               08.07.2026

                        200.00         DA2    Floor Plan - Ground Floor prepared by Aphora        08.07.2026

                        200.01         DA2    Floor Plan – Upper Floor prepared by Aphora         08.07.2026

                        210.00         DA2    Roof Plan prepared by Aphora                        08.07.2026

                        400.00         DA2    Western Elevation prepared by Aphora                08.07.2026

                        300.01         DA2    Southern Elevation prepared by Aphora               08.07.2026

                        300.02         DA2    Eastern Elevation prepared by Aphora                08.07.2026

                        300.03         DA2    Northern Elevation prepared by Aphora               08.07.2026

                        400.00         DA2    Sections Cross Section A-A prepared by Aphora       08.07.2026

                        400.02         DA2    Sections Cross Section C-C prepared by Aphora       08.07.2026

                        200.00L        DA2    Landscape Plan prepared by Aphora                   08.07.2026

                      Building Height
               4.     The maximum height of the development must not exceed 8 metres above the ground level.
                      including where excavation is undertaken.
               5.     Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
                      certifies that the building does not exceed the maximum height requirement of this Decision
                      Notice.
                      Protection of Privacy
               6.     The ground level “covered terrace” located at the north eastern corner of the Dwelling house
                      must include either balcony planter boxes, balustrading or fixed external screens, positioned
                      in such a way to obscure direct views into the habitable room windows or private open space
                      areas of the adjoining property. Any fixed external screen(s) must not extend more than 50%
                      of the length of the balcony.
                      Car Parking
               7.     A minimum of 2 car parking spaces must be provided on site and made available and
                      accessible at all times for residents.
                      Site Access and Driveways
               8.     A sealed access driveway must be provided from Lorikeet Street to all parking and
                      manoeuvring areas of the development. The works must include in particular:
                      a.      a driveway crossover in accordance with Council standard drawings RS-049 and RS-
                              050



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Document Set ID: 25028436
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                      Coastal Protection
               9.     External design features, materials and finishes must be as shown on the Approved Plans,
                      with no inclusions or alterations made without approval in writing by Council.
               10.    Any rear fencing adjacent to the beachfront must not exceed 1.2 metres in height, be of open
                      construction, constructed of light weight materials (eg. timber) and be dark in colour to blend
                      with the natural landscape.
               11.    Gates must not be installed along the eastern property boundary to gain direct access to the
                      beachfront.
               12.    External colours and finishes must be of muted/environmental tones that blend with the
                      natural environment and low-reflective roofing and cladding materials.
               13.    All lighting must be positioned and managed to reduce sky glow and light spill onto the beach
                      to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings. The following
                      must be undertaken:
                      a.      The number and wattage of lights must be minimised.
                      b.      All lights must be recessed into structures and roof, and directed away from the turtle
                              nesting habitat.
                      c.      All lights must be recessed into structures and roof, and directed away from the turtle
                              nesting habitat.
                      d.      No lighting is permitted on the roof of the building.
                      e.      All outdoor lights, including balcony lights, must be turned off between 8:00pm and
                              sunrise during turtle nesting and hatching season (October – May).
                      f.      External feature lighting to the building must be positioned below 8 metres in height
                              and turned off between 8:00 pm and sunrise during turtle nesting and hatching season
                              (October – May).
                      g.      No upward lights or vertical illumination of the building, vegetation or other structures
                              using lighting that shines into the sky to be used.
                      h.      Where lighting is required for safety purposes (including all corridors above ground
                              level, stairwells, entry points etc.), the lighting of these areas must be activated by
                              proximity sensors or motion detectors with an associated deactivation of the lighting
                              after no more than 10 minutes during turtle nesting and hatching season (October –
                              May). For lighting in other areas, timers, proximity or motion activated light sensors
                              must be used wherever possible.
                      i.      No decorative outdoor lighting is to be fitted to the buildings, open space or recreation
                              areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October –
                              May).
                      j.      Pool lighting must be switched off after 8:00pm during nesting and hatching season
                              (October – May).
                      k.      All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
               14.    Prior to the commencement of the use, a minimum 5-metre-wide landscaped buffer must be
                      established and maintained along the seaward/rear boundary of the site. The landscaped
                      buffer must comprise a mix of locally native groundcovers, shrubs and trees, planted at
                      densities sufficient to provide a continuous vegetation buffer that protects and reinforces the
                      adjoining coastal dune system.
                      Plantings are sourced from the Noosa Plan 2020 - PSP2 Landscaping planning scheme
                      policy and maintained for the life of the use at the site.




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                      Performance Bond
               15.    Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
                      submitted to Council, to secure performance of all conditions of this approval, prior to the
                      commencement of the use. 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.
                      Stormwater Drainage
               16.    The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge without causing scour or damage to the subject site or any adjoining properties.
                      Damage to Services and Assets
               17.    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.
                      Earthworks and Retaining Walls
               18.    All earthworks and associated retaining structures/batters, both above and below ground,
                      both temporary and permanent, must be contained entirely within the subject site unless
                      written permission form the respective landowner(s) is provided to Council. All earthworks
                      must be undertaken in accordance with the provisions of Australian Standard AS3798:
                      Guidelines on Earthworks for Commercial and Residential Developments.
               19.    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.
               20.    Compaction with a vibrating roller must not be carried out within 600mm of any utility
                      infrastructure.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               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:
                      Aboriginal Cultural Heritage Act 2003
               1.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
                      approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
                      The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
                      carries out an activity must take all reasonable and practicable measures to ensure the
                      activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
                      duty of care. Substantial monetary penalties may apply to individuals or corporations
                      breaching this duty of care. Injunctions may also be issued by the Land and Resources
                      Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
                      that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
                      of Aboriginal cultural heritage.



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                      You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
                      Equitable Access and Facilities
               2.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.
                      Infrastructure Charges
               3.     All developments and/or changes to existing developments may require payment of
                      “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
                      made pursuant to the planning legislation and regulations current at the time of issue. For
                      further     information,    please      refer to https://www.noosa.qld.gov.au/Planning-and-
                      Development/Development-tools-and-guidelines/Infrastructure-Charges
               4.     Building and Construction Industry (Portable Long Service Leave) Levy
               5.     The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Property Driveway and Vehicle Crossover
               6.     The planning scheme declares for the construction of a driveway and vehicle crossover to
                      the property to be Accepted Development subject to meeting the requirements of the Low
                      Density Housing Code. If the proposed driveway and vehicle crossover does not comply with
                      each Acceptable Outcomes contained in the Code, a Development Permit for Operational
                      Work is required to be obtained from Council.
                      *http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20A
                      pplication%20Pack.pdf
                      Fires in Urban Areas
               7.     In urban areas fires are prohibited except where in an appliance is used for domestic heating
                      or cooking purposes, which must comply with particular standards. Any area identified as a
                      fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
                      Law No. 3, Schedule 3. Refer to the following link for details:
                      https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
                      Road Reserve Permit
               8.     This development permit provides the applicant with written authority to undertake the
                      development in accordance with the conditions. 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] 5 of 7
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Page 6

                      Biosecurity Act 2014 – Fire Ant Control
               9.     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
                      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.
                      Development Compliance Inspection
               10.    Prior to the commencement of the use, please contact Council's Development Assessment
                      Branch to arrange a Development Compliance Inspection.
                      Performance Bond Agreement
               11.    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

                Type of Development Permit Required              Subject of the required Development Permit

                Development Permit for Building Works            All building work

               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,

               Andrew Gaffney
               Senior Development Planner | Development Assessment
               Development & Regulation


               Enc:   Appeal Rights
                      Approved Plans/Documents




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Page 7

                                                                              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 7 of 7
Document Set ID: 25028436
Version: 4, Version Date: 05/08/2026

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