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SUPERSEDED Decision Notice - Council Meeting Decision MCU21 0110.pdf

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                                                                              Officer:            Patrick Murphy
                                                                              Direct Telephone:   07 5329 6436
                                                                              Our Reference:      MCU21/0110
                                                                              Your Reference:     16022

                 22 May 2025


                 Noosa Springs Real Estate Pty Ltd
                 C/- Adamson Town Planning Pty Ltd
                 PO Box 894
                 COOROY QLD 4563


                 [email protected]



                 Dear Sir/Madam
                                                      Decision Notice
                                                       Planning Act 2016

                 I refer to your application and advise that on 15 May 2025, Council decided to approve the
                 application, subject to conditions.
                 Details of the decision are as follows:
                 1.      APPLICATION DETAILS

                     Application No:           MCU21/0110

                     Street address:           61 Noosa Springs Dr Noosa Heads Qld 4567

                     Real property description: Lot 4 SP 178340

                     Planning Scheme:          Noosa Plan 2020 (25 September 2020)

                 2.      DECISION DETAILS

                 The following type of approval has been issued:
                 •       Material Change of Use – Resort Complex and ancillary Bar, Food and drink outlet,
                         Outdoor sport and recreation, and Club (minor extension to existing clubhouse)
                 3.      CURRENCY PERIOD OF APPROVAL

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

                 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: 23746767
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                 Approved Plans
                 2.     Development undertaken in accordance with this approval must generally comply with
                        the approved plans of development. The approved plans are listed in the following table
                        unless otherwise amended by these conditions.

                          Plan No.     Rev.   Plan/Document Name                                Date

                          DA 1.00       19    Site Plan, prepared by Marchese Partners          06.02.2025

                          DA 1.01       15    Entry Link Level Plan, prepared by Marchese       06.02.2025
                                              Partners

                          DA 1.02       18    Basement     Plan,   prepared    by   Marchese    06.02.2025
                                              Partners

                          DA 1.03       16    Lower Ground Floor Plan, prepared by              06.02.2025
                                              Marchese Partners

                          DA 1.04       16    Ground Level Plan, prepared by Marchese           06.02.2025
                                              Partners

                          DA 1.05       16    Level 1 Plan, prepared by Marchese Partners       06.02.2025

                          DA 1.06       16    Level 2 Plan, prepared by Marchese Partners       06.02.2025

                          DA 1.07       16    Level 3 Plan, prepared by Marchese Partners       06.02.2025

                          DA 1.08       16    Roof Plan, prepared by Marchese Partners          06.02.2025

                          DA 1.10        9    Existing Clubhouse       Plan,   prepared    by   06.02.2025
                                              Marchese Partners

                          DA 1.11        9    Proposed Clubhouse       Plan,    prepared   by   06.02.2025
                                              Marchese Partners

                          DA 1.12        5    Carpark Plans,       prepared    by   Marchese    06.02.2025
                                              Partners

                          DA 2.01       16    South and West Elevation, prepared by             06.02.2025
                                              Marchese Partners

                          DA 2.02       16    Noth and East Elevation,          prepared   by   06.02.2025
                                              Marchese Partners

                          DA 2.03        6    Carpark Elevations and Section, prepared by       06.02.2025
                                              Marchese Partners

                          DA 2.04       10    Tennis Courts,       prepared    by   Marchese    06.02.2025
                                              Partners

                          DA 3.01       16    Building Sections, prepared by Marchese           06.02.2025
                                              Partners

                          DA 3.02       14    Part 1 Sections, prepared by Marchese             06.02.2025
                                              Partners



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                          DA 3.03          15   Part 2 Sections, prepared by Marchese          06.02.2025
                                                Partners

                          DA 4.01          12   Extrapolated 8m & 12m above NGL plane,         06.02.2025
                                                prepared by Marchese Partners

                          DA 4.05          12   3D View – Building Entry, prepared by          06.02.2025
                                                Marchese Partners

                          DA 4.06          11   3D View – Pool View 1, prepared by Marchese    06.02.2025
                                                Partners

                          DA 4.07          11   3D View – Pool View 2, prepared by Marchese    06.02.2025
                                                Partners

                          DA 4.08          11   3D View – Looking North from Resort Drive,     06.02.2025
                                                prepared by Marchese Partners

                          LCP2         –   M    Landscape     Concept    Design     Package    21.02.2025
                          LCP18                 prepared by Place Design Group

                          N/A              1    Terrestrial Ecology Assessment prepared by
                                                Gondwana Ecology dated 26.02.2020 and as
                                                amended by letter from Gondwana Ecology
                                                dated 9 February 2023

                          N/A              8    Bushfire Hazard Assessment and Mitigation      25.02.2025
                                                Plan prepared by Rob Friend & Associates

                 Nature and Extent of Approved Use
                 3.     The approved resort units must be used for short term visitors only. The approved units
                        must not be occupied by persons for the purpose of permanent accommodation,
                        excluding those persons in a manager's residence for the premises. The requirements
                        of this condition must be included in the Community Management Statement for any
                        body corporate for the subject site.
                 4.     The approved uses and associated activities must not result in environmental nuisances
                        such as noise, visual or odour impacts that unreasonably diminish the amenity of the
                        area or surrounding uses.
                 5.     Service vehicle movements associated with non-residential uses on the premises
                        (including loading and unloading) must not occur outside the hours of 7am to 6pm
                        Monday to Saturday and not at all on Sundays or public holidays. The requirements of
                        this condition must be included in the Community Management Statement for any body
                        corporate for the subject site.
                 6.     Conferences and Functions must only occur within the existing Noosa Springs Golf and
                        Spa Resort.
                 Currency Period
                 7.     This development approval lapses if the use has not happened by 15 May 2031 unless
                        an application to extend the currency period is approved by Council.




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                 Ventilation
                 8.      All internal use areas of the accommodation use including hotel suites, common areas,
                         office, dining, bar and lobby areas shall be fully air-conditioned, allowing external façade
                         elements (doors and windows) to be closed if required. Fresh air makeup to the air
                         conditioning systems must be drawn from roof level locations located as far as practical
                         from the Noosa Wastewater Treatment Plant.
                 9.      Activated carbon filtration must be installed on all fresh air makeup locations of the air
                         conditioning systems and must be regularly maintained to manufacturer specifications.
                 Outdoor Use Areas – swimming pools and tennis courts
                 10.     Use by guests and visitors of the tennis courts, is limited to the following time periods:
                                  i.    7am to 6pm:       Four courts
                                 ii.    6pm to 9pm:       Two courts only
                                iii.    9pm to 6am:       No usage of tennis courts
                 11.     Use by guests and visitors of the swimming pools is limited to the time period 6am to
                         9pm only.
                 Acoustic
                 12.     An updated acoustic report must be submitted to Council prior to the issue of an
                         Operational Works approval. The amended acoustic report must include
                         recommendations to address the impact on residential amenity attributed to vacuum
                         truck operations on the site and provide acoustic mitigation measures to achieve
                         compliance with the noise criteria proposed in Section 6.2.4.1 of the Trinity Noise Impact
                         Assessment Report dated 20 February 2025. The recommendations of the acoustic
                         report must be implemented prior to the commencement of the approved uses.
                 Noise Limits
                 13.     Noise generated by the development must not exceed the following criteria at any off-
                         site noise sensitive receptor:

                                  Period              Background      Noise   Overall Noise          Design
                                                      Level L90 dBA           Limits Leq,adj,T dBA   Component Noise
                                                                                                     Limits Leq,adj,T dBA

                                  Day                           36                     41                     39
                                  (7am to 6pm)

                                  Evening                       31                     36                     34
                                  (6pm to 10pm)

                                  Night                         28                     31                     28
                                  (10pm to 7am)

                 14.     Real Time Odour Monitoring
                       (a) Monitoring Equipment Intent

                       Install and maintain a real time odour monitoring system which continuously samples
                       odour on the resort site and provides real time updates to resort management of odour
                       concentrations. The monitoring system must monitor relevant odour indicators (such as
                       Hydrogen Sulphide) and provide real time alerts via email/SMS to resort management
                       when trigger levels are reached/exceeded. The monitoring system must include an on-




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                       site weather station with real time output for comparison to odour results to identify
                       potential odour source location.

                       Upon receipt of an odour alert, resort staff are to implement management actions to
                       advise persons in outdoor areas to relocate indoors until such time as the real time odour
                       monitoring results are below the trigger level.

                       (b) Odour Monitoring Action Management Plan

                       Prior to operational works approval, prepare an odour action management plan and
                       submit to Council for approval which details the following:

                         (i)       Specifications for real time odour monitoring system including:

                                   a. Equipment requirements including relevant Australian Standards to which
                                      the equipment must be provided and maintained
                                   b. Odour indicators to be monitored (i.e. Hydrogen Sulphide or other
                                      representative indicators)
                                   c. Trigger concentrations of odour indicators which are representative of
                                      odour concentrations which may result in exceedance of the Queensland
                                      Odour Guideline standard.
                                   d. Location of monitoring point/s
                                   e. Co-located weather station with real time output for comparison to odour
                                      results to identify potential odour source location.
                                   f. Data storage and record keeping equipment.
                                   g. Calibration and maintenance requirements.

                         (ii)      Actions to be undertaken by resort management upon receipt of odour alert
                                   from real time odour monitoring (ie relocating external guests/persons to
                                   indoor areas, closing up of open windows/doors to communal space areas
                                   etc).
                         (iii)     Records to be kept of odour alerts, actions undertaken and any odour
                                   complaints received in respect to odour alert events.
                         (iv)      Records to be available for review by Council officers upon request.

                 Odour
                 15.     The operator must prepare and maintain an Odour Complaint Management Plan, with
                         the plan including the internal management of any complaints from hotel guests. The
                         Odour Management Plan must be submitted to Council for approval prior to the issue of
                         an Operational Works approval.
                 Built Form and Development Appearance
                 16.     The maximum height of the development must be in accordance with the approved
                         plans.
                 17.     Certification must be submitted to Council from a Licensed Surveyor which certifies that
                         the buildings do not exceed the maximum height requirement of this Decision Notice.
                 18.     All air conditioning units or other mechanical equipment must be fully enclosed or
                         screened such that they are not visible from the street frontages nor adjoining properties.
                 19.     All deck and balcony areas above ground floor must not be enclosed by permanent
                         fixtures such as shutters, louvres, glass panelling or the like.
                 20.     The development must incorporate the colour scheme and proposed mix of building
                         materials as outlined in the approved plans.



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                 21.    Any security screens on the premises consist of grille or translucent screens and not
                        solid shutters, screens or roller-doors.
                 22.    All mechanical equipment and other service infrastructure located on the site must be:
                        a.      located not less than 2 metres from a property boundary;
                        b.      fully enclosed or screened such that they are not visible from the street frontages
                                nor adjoining properties. Where screened by landscaping, landscaping beds must
                                be at least 1.5 metres wide.
                 23.    No part of the site may be used for outdoor storage of materials.
                 Performance Bond
                 24.    Security in the form of a cash bond or trading bank guarantee to the sum of $200,000
                        must be submitted to Council, to secure performance of all conditions of this approval,
                        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.
                 Tennis Court Fencing
                 25.    Tennis court fencing must be comprised of black powder coated posts and rails with
                        black PVC coated chain wire mesh, or the like.
                 Tennis Court Light Spillage and Glare
                 26.    Lighting must be directed onto the site and away from neighbouring properties.
                 27.    The level of light emanating outside the property must not exceed an illumination level
                        of 12 lux nor an average of 10 lux when measured 3 metres outside the property
                        boundary.
                 28.    The light fittings must be baffled to ensure that a light source is not directly visible from
                        the habitable room window of an adjoining property.
                 29.    All light readings are to be taken in a horizontal plane at a height of 1000mm above
                        ground level.
                 Tennis Court Operating Hours
                 30.    Tennis courts must not be illuminated after 10.00p.m. nor before 7.30 a.m.
                 Structural Stability
                 31.    All lighting support columns must be manufactured from galvanised steel.
                 32.    The pole height shall not exceed 8 metres.
                 33.    The pole and associated concrete footing design must be engineer certified to support
                        the light fitting and to withstand wind loads appropriate to the terrain classification.


                 Tennis Ball Machines
                 34.    Machines which operate on the air compression principle must not be used after 7.00
                        p.m. nor before 8.00 a.m.
                 35.    Silent running machines which operate at a noise level not exceeding 10 decibels (when
                        measured at the property boundary) must not be used after 10.00 p.m. nor before 7.30
                        a.m.




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                 Public Safety
                 36.    During operating hours, all parking areas, pedestrian areas and entrances/exits to all
                        stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and
                        with intensities to satisfy the requirements of Australian Standard AS1158 “Public
                        Lighting Code”. Lighting must be designed to reduce the contrast between shadows and
                        well lit areas. In particular, appropriate security lighting must be provided in the location
                        of the bicycle/ scooter parking and bin storage area.
                 37.    After hours access to loading docks, storage areas and the basement carpark (including
                        the vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors
                        and/or other suitably appropriate means. The basement carpark must be kept closed
                        and locked at all times while the use is not operating.
                 Community Management Statement
                 38.    Any proposed Community Management Statement required for the development
                        pursuant to the Body Corporate and Community Management Act 1997 must be
                        submitted to Council for endorsement at the same time as submission of the Building
                        Format Plan (or similar) to Council for compliance assessment.
                 39.    All clauses and by-laws of the proposed Community Management Statement must
                        accord with the requirements of this Decision Notice.
                 Water & Sewer Connections
                 40.    An underground connection to reticulated water and sewerage must be provided to the
                        development site in accordance with the standards and requirements of Northern SEQ
                        Distributor–Retailer Authority (Unitywater).
                 41.    A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
                        (Unitywater) must be submitted to Council that certifies an underground connection to
                        reticulated water and sewerage has been provided to the development site.
                 ENGINEERING/TRAFFIC
                 Site Access and Driveways
                 42.    A sealed access driveway must be provided from the internal service road to all parking
                        and manoeuvring areas of the development. The works must be undertaken in
                        accordance with an Operational Works approval and must include in particular:
                        a.      a driveway crossover in accordance with Council’s standard drawing RS-051 and
                                respective addendum; and
                        b.      suitable safety measures, including warning signage, to improve driver awareness
                                of pedestrians and enhance pedestrian safety. Warning signage must be provided
                                near the exit ramp from the underground parking area to warn motorists of
                                pedestrian movement along the frontage street.
                 Car Parking
                 43.    Car parking must be provided in accordance with the approved plans and as amended
                        by the conditions of this approval. The works must be undertaken in accordance with an
                        Operational Works approval.
                 44.    The parking layout is to be in accordance with the requirements of AS/NZS 2890.1- 2004
                 45.    Provision of vandal resistant public lighting with intensities to satisfy the requirements of
                        Australian Standard AS1158: Public Lighting Code.
                 46.    All car parking areas and access driveways must be maintained exclusively for vehicle
                        parking and manoeuvring and kept in a tidy and safe condition at all times.




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                 47.    Directional signage must be provided to direct visitors and customers to the car parking
                        spaces provided on site.
                 Security Access to Carpark
                 48.    Where access to the carpark is proposed to be restricted by a security gate, provision
                        must be made for queuing of vehicles clear of the roadway while waiting for the security
                        gate to open.
                 49.    Where a secure carpark services a commercial use on the site, the security gate must
                        remain open at all times while commercial uses on the site are open for business. The
                        requirements of this condition must be included in the Community Management
                        Statement for anybody corporate for the subject site.
                 Service Vehicles
                 50.    Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
                        The works must be undertaken in accordance with an Operational Works approval.
                 Pedestrian and Bicycle Facilities
                 51.    Pedestrian and bicycle facilities must be provided for the development. The works must
                        include in particular:
                        a.      signage and lighting at strategic locations to direct people to building entries and
                                public toilet facilities;
                        b.      a total of 53 bicycle parking spaces; and
                        c.      end of trip facilities involving 27 lockers, 6 showers and change rooms within the
                                development.
                 Water quality and quantity
                 52.    The site must be provided with a stormwater drainage system connecting to a lawful
                        point of discharge. The works must be undertaken in accordance with an Operational
                        Works approval and the Queensland Urban Drainage Manual.
                 53.    A stormwater quality treatment system must be provided for the development. The works
                        must be undertaken in accordance with an Operational Works approval and the
                        Bioretention Technical Design Guidelines (Water by Design, 2012), and must include in
                        particular:
                        a.      stormwater quality treatment devices of a size and location generally in
                                accordance with those shown in Drawing No. C6070/20/P07 prepared by Walsh
                                Consulting Engineers dated 26/10/2021, with the exception of the following:
                                 i.    Bioretention filter area is to be increased in size to the area stated for
                                       bioretention surface area on the above referenced plan
                        b.      bioretention devices which:
                                 i.    are designed generally in accordance with IPWEQA Standard Drawing No.s
                                       DS-073, DS-075 and DS-076
                                 ii.   are provided with a free-draining outlet from the sub-soil drainage system
                 54.    Permanent educational signage* must be erected to educate the residents of /
                        customers to the development about the function of the bioretention device(s). The
                        dimensions, standard, presentation and location of the educational signage must be in
                        accordance with an Operational Works approval.




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                 55.    All stormwater quality treatment devices must be maintained in accordance with the
                        Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The
                        approved Operational Works drawings for the stormwater quality treatment system and
                        detailed life cycle costing of the system must be attached as an addendum to this
                        document. Records of all maintenance activities undertaken must be kept and made
                        available to Council upon request.
                 56.    Operating roof water harvesting tanks must be provided for the development. The tanks
                        must be provided in accordance with an Operational Works approval and must include
                        in particular:
                        a.      a total tank capacity of 135,000 litres
                        b.      a catchment of not less than 2,800m2 of the building roof area
                        c.      re-use of harvested stormwater for non-potable outdoor uses including irrigation
                                of landscaped areas and swimming pool top-up.
                 57.    Certification must be submitted to Council from a qualified person which certifies that
                        the stormwater harvesting tanks and associated reticulation has been installed in
                        accordance with the requirements of this Decision Notice.
                 Acid Sulfate Soils
                 58.    An Acid Sulfate Soil Management Plan must be prepared and submitted with the
                        Operational Works application for the site. The acid sulfate management plan must
                        include testing, monitoring and treatment requirements for the works.
                 Services
                 59.    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.
                 60.    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
                 61.    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.
                 62.    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.
                 63.    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
                 64.    All excavation, fill, soil retaining structures and associated batters must be undertaken
                        in accordance with an Operational Works approval and contained entirely within the
                        subject site unless written permission from the respective landowner(s) is provided to
                        Council.
                 65.    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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                 Damage to Services and Assets
                 66.    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.
                 LANDSCAPING
                 Landscaping Works
                 67.    The development site must be landscaped in accordance with a Council endorsed
                        landscape package prepared by a qualified person*. The works must be undertaken in
                        accordance with an Operational Works approval and the Noosa Plan for that specific
                        area and must include in particular:
                        a.      the works shown on the Approved Landscape Concept Design Package Plans,
                                with the inclusion of the requirements of the approved Bushfire Hazard
                                Assessment and Mitigation Plan version 8, prepared by Rob Friend and
                                Associates dated 25.02.2025.
                        b.      Plant Pallet including hard and soft plant percentages, plant numbers, planting
                                locations, pot sizes and whether Noosa Native, Australian Native or Exotic;
                        c.      a Landscape Management Plan including (but not limited to):
                                 i.    landscape design principles for bushfire hazard areas in Part 5 of Bushfire
                                       Resilient Building Guidance for Queensland Homes (QRA 2020);
                                 ii.   Certification from a qualified* person ensuring the Landscape Management
                                       Plan complies with the design principles in the Part 5 of Bushfire Resilient
                                       Building Guidance for Queensland Homes (QRA 2020) and the Bushfire
                                       Management Plan.
                                iii.   Management of branches overhanging building envelopes.
                        d.      clear integration of the Bushfire requirements and recommendations identified
                                within the approved Bushfire Hazard Assessment Report & Mitigation Plan version
                                8 dated 25.02.2025, including landscaping treatments where maximum distances
                                are permitted including:
                                 i.    a band of vegetation up to 20m wide along Resort Drive is to contain 100%
                                       less flammable plant species;
                                 ii.   the remaining area greater than 20m from Resort Drive can contain no less
                                       than 50% less flammable plant species in the understory and groundcover;
                                       and
                                iii.   regular maintenance of groundcover and understorey to reduce flammability
                                       within the landscaped area.
                        e.      clear integration of the landscaping recommendations, for the purpose of odour
                                mitigation, identified in the Katestone report dated December 2020.
                        f.      A vegetated buffer of a height that avoids line of sight contact with the Sewage
                                Treatment Plant from any place or structure on the development site to Council’s
                                satisfaction.




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                        g.      Both sides of Resort Drive Road Reserve between the intersections of Links Drive
                                and Lakeview Rise must be rehabilitated and revegetated in accordance with the
                                landscaping recommendations of the approved Bushfire Hazard Assessment and
                                Mitigation Plan version 8, prepared by Rob Friend and Associates dated
                                25.02.2025.
                        h.      The works must be undertaken in accordance with an Operational Works approval.
                        i.      Details of water quality treatment device plantings with a minimum of five plant
                                species and a plant density of 8 plants per square metre;
                        j.      Details of all fencing and gates (including but not limited to height, construction
                                type, materials);
                        k.      Details of tree protection methods provided by a qualified person* to be engaged
                                to protect trees identified within the conditions of this approval in particular
                                vegetation located within the mapped Koala Habitat Area to the north of the
                                development site.
                        l.      Native trees of a minimum pot size of 100L to replace existing trees to be removed
                                from the site, at the rate of 1 replacement tree for every tree removed that has a
                                diameter greater than 200mm measured at 1.2 metres from ground surface level.
                        m.      Vegetated screening of any electrical transformers, bin storage areas and the like
                                from the road frontage.
                        n.      Vegetation offsets in accordance with the recommendations Gondwana Ecology
                                letter dated 9 February 2023.
                 68.    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.
                 69.    Control of all weeds species listed in the following standards and legislation:
                        a.      Declared plants under the Land Protection (Biodiversity Act 2014 and subordinate
                                Regulation 2016).
                        b.      Noosa Local Government Area Pest Management Plan 2015-2019.
                        c.      Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants
                                and Guidelines.
                 70.    All entry statements, fences, retaining walls and buffer/screen plantings must be located
                        entirely within private land and not within the public road reserve.
                 Treatment of Temporarily Vacant Land
                 71.    Where some or all of the land remains vacant or undeveloped for more than 3 months,
                        or buildings are demolished and redevelopment is delayed for more than 3 months, the
                        following works must to be carried out:
                        a.      the site must be cleared of all rubble, debris and demolition materials
                        b.      the site must be graded to prevent ponding (to the same level as the adjoining
                                footpath wherever practicable), turfed and mown at a minimum 3 weekly intervals
                        c.      the site must be landscaped with perimeter planting consisting of advanced
                                specimens of fast growing tree species
                        d.      the site must be maintained to ensure no nuisance to adjacent premises, roads or
                                footpaths
                        e.      where fencing is installed to secure boundaries:




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                                  i.   the fencing must be durable and not capable of being pushed or blown over
                                 ii.   the fencing type must not detract from local amenity (barbed wire is not
                                       acceptable)
                                iii.   vandalism must be promptly repaired and any graffiti removed.
                 Retention of Existing Trees
                 72.    Existing trees on the development site and in the road reserve must be retained in
                        accordance with an Arborist Report (or part thereof) prepared by a qualified person* and
                        endorsed through an Operational Works approval. The Arborist Report must include:
                        a.      Tree removal/retention plan that includes all native trees and identifies in particular
                                all native trees to be removed with a diameter greater than 100mm measured at
                                1.2m from ground surface level.
                        b.      Vegetation identified as not approved for removal within ‘Attachment E - Tree
                                Removal Plan’ within the approved Terrestrial Ecological Assessment report, and
                                as amended by the letter, attached plans and tree survey prepared by Gondwana
                                Ecology dated 9 February 2023, must be protected.
                        c.      Incorporate vegetation to be retained as a result of the removal of Pavilion 5 as
                                per the minor change to application submitted 27 February 2025.
                 73.    The trees identified for retention in the conditions of this approval must be maintained in
                        good health for the life of the tree.
                        *(Refer to Advisory Note)
                 Vegetation Removal
                 74.    Any removal of vegetation must be in accordance with the conditions of this approval.
                        Land Rehabilitation
                 75.    The land area containing retained vegetation is required to be rehabilitated with local
                        native species suitable for the area and the species selection consistent with the
                        naturally occurring species in the area whilst maintaining compliance with bushfire
                        conditions within this approval. The works must be undertaken in accordance with an
                        Operational Works approval.
                 76.    A Vegetation Management and Rehabilitation Plan is to be prepared by a qualified
                        person* and submitted for approval as part of the operational works application. This
                        plan must include (but not limited to):
                        a.      Existing remnant vegetation protection;
                        b.      Vegetation rehabilitation;
                        c.      Weed management; and
                        d.      Performance outcomes and how and when they are to be achieved.
                 77.    A “no clearing zone” must be established and maintained over the area identified as ‘1
                        – Existing Remnant Vegetation to be retained with weed management implementation’
                        within the Landscape Concept Design Package plan LCP5 listed within this Decision
                        Notice. With the exception of the trees approved to be removed in the conditions of this
                        approval. The following activities must not be carried out within the no clearing zone:
                        a.      clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
                                indigenous to, or planted within, the zone
                        b.      soil/spoil dumping and/or compacting
                        c.      soil excavation, other than for planting indigenous native plants.
                                The following exceptions apply:




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                        a.      declared plants under the Land Protection (Pest and Stock Route Management)
                                Act 2002 and sub-ordinate Regulation 2003, and any Council Listed
                                Environmental Weeds, Exotic Grasses and other plants identified in writing by
                                Council
                        b.      indigenous native trees which pose a well-founded threat to persons or property
                                as approved in writing by Council
                        c.      controlled bushfire burns to maintain ecological processes subject to submission
                                of a Bushfire Management Plan and agreed in writing by Council.
                 Fauna Management
                 78.    Vegetation must only be removed or disturbed in accordance with a Fauna Management
                        Plan (or part thereof) prepared by a qualified person* and endorsed through an
                        Operational Works approval. *(Refer to Advisory Note)
                 79.    Permanent artificial nesting boxes must be installed within the Koala Habitat (Core) to
                        provide compensatory habitat for arboreal mammals and hollow dependent avian
                        species. The works must be undertaken in accordance with an Operational Works
                        approval.
                 Bushfire Management
                 80.    The development must be carried out in accordance with the approved Bushfire Hazard
                        Assessment and Mitigation Plan version 8, prepared by Rob Friend and Associates
                        dated 25.02.2025, with the exception of the following:
                        a.      Establishment of an additional evacuation point offsite within the golf course that
                                is separated from buildings and is located outside of identified bushfire hazard
                                prone areas or potential impact buffer.
                                The report must be resubmitted to Council incorporating the above amendments
                                prior to the issue of any Development Permit for Operational Works. *
                                *(Refer to Advisory Note)
                 81.    Certification must be submitted to Council from a qualified person* which certifies that
                        the development has been constructed in accordance with the bushfire management
                        conditions of this Decision Notice. *(Refer to Advisory Note)
                 82.    Certification must be submitted to Council from a qualified Person which certifies that
                        the development is sufficiently serviced by reticulated water with hydrant standpipes, in
                        ground hydrants and water pressure to meet firefighting needs in an emergency.
                 83.    A copy of the Bushfire Hazard Assessment Report & Mitigation Plan and evacuation
                        procedure listed within this Decision Notice must be provided to the nearest fire
                        authority. *(Refer to Advisory Note)
                 WASTE DISPOSAL
                 84.    Prior to the issue of any Operational Works approvals for this development an
                        Operational Waste Management Plan must be submitted to Council. The Waste
                        Management Plan must be in accordance with the Waste management Code and
                        Planning Scheme Policy 9 - Waste Management.
                 85.    The developer must provide waste storage and disposal facilities in accordance with
                        Planning Scheme Policy 9 - Waste Management. The facilities must include an
                        impervious area, within the site, correctly sized for all refuse and recycling containers
                        and suitably screened from public places and neighbouring properties. A bin wash area
                        is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
                        trap. The drain outlet must be designed to prevent storm water entry to the sewerage
                        system.




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                 86.    Refuse containers must be provided in accordance with the requirements of the
                        Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
                        Regulation 2000, for the storage and collection of refuse.
                 87.    Storage, disposal and management of solid, liquid and vegetative waste is conducted in
                        a safe and ecologically sustainable manner without environmental nuisance. In this
                        regard, vegetated waste must be disposed of via a green waste bin or at a local transfer
                        station.
                 5.     REFERRAL AGENCIES

                 The referral agencies applicable to this application are:

                  Referral Status      Referral Agency and Referral Trigger                   Response
                                       Address

                  Concurrence          SARA at DILGP SARA        Schedule 10, Part 10,        The       agency
                                       at DILGP Via MyDAS2       Division 3, Subdivision 3,   provided      its
                                       at https://prod2.dev-     Table 1, Item 1— Koala       response on 17
                                       assess.qld.gov.au/suite   habitat area in SEQ          March 2023 with
                                       / (for assistance,        region                       an       updated
                                       contact DILGP at 5352                                  response      on
                                       9701 or                                                (Reference   No.
                                                                 Schedule 10, Part 9,
                                       email:SEQNorthSARA                                     2107-23530
                                                                 Division 4, Subdivision 1,
                                       @dilgp.qld.gov.au                                      SRA). A copy of
                                                                 Table 1, Item 1—
                                                                                              the response is
                                                                 Development impacting
                                                                                              attached
                                                                 on State transport
                                                                 infrastructure

                  Advice               Energex Limited Town      Schedule 10, Part 9,         The         agency
                                       Planning GPO Box          Division 2, Table 2 –        provided        its
                                       1461 BRISBANE QLD         Premises       near     a    response on 16
                                       4001                      substation site or subject   July         2021.
                                                                 to an easement               (Reference     No.
                                                                                              HBD 7392264). A
                                                                                              copy     of    the
                                                                                              response         is
                                                                                              attached

                 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




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                        Odour
                 2.     Be advised that the development is located in near proximity to the Unity Water Noosa
                        Sewerage Treatment Plant, the operation of which may, at times, result in detectable
                        odours on the development land. This advice is provided to ensure that the developer
                        and resort operator are informed of the potential for detectable odours due to sewerage
                        treatment plan operation and the basis for conditions in this approval package with
                        respect to odour monitoring/management measures. It is the responsibility of the
                        developer/resort operator to ensure that compliance with odour monitoring/management
                        conditions is achieved at all times.
                        Building and Construction Industry (Portable Long Service Leave) Levy
                 3.     The QLeave levy must be paid prior to the issue of a development permit where it is
                        required. Council will not be able to issue a Decision Notice without receipt of details
                        that the Levy has been paid.
                        Co-ordination of Operational Works Assessment
                 4.     Additional application fees apply to Operational Work applications where the different
                        aspects of the works are lodged separately. Significant savings in application fees will
                        result if all works are lodged in a single application.
                        Qualified Person
                 5.     For the purpose of preparing a Geotechnical Report, and for certifying geotechnical
                        stability for the development, a qualified person is considered to be a person who:
                        a.      is a Registered Professional Engineer of Queensland (RPEQ); and
                        b.      has a degree in civil engineering or engineering geology; and
                        c.      has a minimum of 5 years experience in the field of geotechnical engineering or
                                engineering geology.
                        Preparation of a Preliminary Construction Management Plan
                 6.     A preliminary Construction Management Plan must be submitted with the Operational
                        Works application and must address the following:
                        a.      traffic management during all aspects of the construction phase including:
                                i.     a Traffic Management Control Plan in accordance with the Manual of
                                       Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
                                       and traffic control measures prior to construction
                                ii.    maintenance of safe pedestrian access for the areas affected by the works
                                       during and after daily construction has ceased
                                iii.   proposed fencing to the site during the construction phase of the
                                       development
                                iv.    approval of the Traffic Management Control Plan by the Department of
                                       Transport and Main Roads (DTMR) for any works on State controlled roads
                                v.     provision for worker car parking
                        b.      maintenance and protection of water quality and existing drainage lines through
                                the construction site, through the implementation of appropriate erosion and
                                sediment control measures
                        c.      works programme identifying key components of the works and their respective
                                durations




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                        d.      establishment of a communication protocol with the general public, adjoining
                                owners, emergency services and local businesses to advise of agreed
                                construction times, impacts on traffic, services and other relevant issues.
                        e.      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
                                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. NB any
                                damage to the existing road system as a result of haulage operations shall be fully
                                repaired at the applicant’s expense
                        i.      it is acknowledged that the preliminary Construction Management Plan will be a
                                draft document requiring finalisation upon appointment of the Principal Contractor
                                employed to construct the works and a final document will be required to be
                                submitted at the Pre-Start Meeting for the project.
                        Private Infrastructure
                 7.     All private infrastructure for the development must be designed to meet the planning
                        scheme requirements unless otherwise agreed by the relevant authority
                        Qualified Person
                 8.     For the purpose of preparing a Landscape Plan, a qualified person is considered to be
                        a landscape architect, landscape designer and/or horticulturist with a minimum of 3
                        years current experience in the field of landscape design.
                 9.     For the purpose of preparing an Arborist Report, a qualified person is considered to be
                        a person with either:
                        a.      ISA certification; or
                        b.      a Diploma of Arboriculture in addition to a minimum of 3 years current experience
                                in the field of arboriculture.
                 10.    For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to
                        be a landscape architect or ecologist with a minimum of 3 years current experience in
                        the field of landscape design.
                 11.    For the purpose of preparing a Fauna Management Plan, a qualified person is
                        considered to be an ecologist with a minimum of 3 years current experience in the field
                        of fauna assessment and management.
                 12.    For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
                        with the bushfire requirements of this Decision Notice, a qualified person is considered
                        to be an ecologist with a minimum of 3 years current experience in the field of bushfire
                        assessment and management.
                        Bonds
                 13.    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.




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                 7.     PROPERTY NOTES

                 Not applicable.
                 8.     VARIATION APPROVAL DETAILS

                 Not applicable.
                 9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                  Type of Development Permit Required                Subject of the required Development Permit

                  Development          Permit      for   Operational Landscaping, Vegetation Removal,         Car
                  Works                                              parking, Earthworks, Stormwater

                  Development Permit for Building Works              All Building Works

                 10.    SUBMISSIONS

                 There were 387 properly made submissions about the application. In accordance with the
                 Planning Act 2016, the name, address and electronic address of the principal submitter for
                 each properly made submission is provided and attached.
                 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.
                 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.
                 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,




                 Patrick Murphy
                 Manager, Development Assessment
                 Development Regulation


                 Enc:   Referral Agency Response
                        List of Submitters
                        Appeal Rights
                        Infrastructure Charge Notice
                        Approved Plans/Documents
                 cc.    SEQNorthSARA [email protected]
                        Energex




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Page 18

                                       Referral Agency Response
                                       PLANNING ACT 2016 & PLANNING REGULATION 2017




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2107-23530 SRA

Referral triggers
The development application was referred to the department under the following provisions of the
Planning Regulation 2017:

 

® =10.10.3.3.1.1 Koala habitat area in SEQ region
© 10.9.4.1.1.1 Infrastructure - state transport infrastructure
Conditions

Under section 56(1)(b)(i) of Planning Act 2016, the conditions set out in Attachment 1 must be attached
to any development approval.

Reasons for decision to impose conditions
The department must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Advice to the assessment manager
Under section 56(3) of the Act, the department offers advice about the application to the assessment
manager—see Attachment 3.

Approved plans and specifications
The department requires that the plans and specifications set out below and enclosed must be attached
to any development approval.

 

 

 

 

 

 

 

Drawing/report title Prepared by Date Reference no. | Version/issue
Aspect of development: Material change of use
Noosa Springs — Koala Gondwana Ecology 9 March - 2
Habitat Area Tree Group 2023
Schedule
Marches Partners 8 March Drawing SK.01 | Rev2
Proposed Site Plan with 2023
Koala Habitat Overlay
Entry Link Level Plan Marchese Partners 9 February Drawing Rev 13
2023 20079 DA1.01
Site Plan Marchese Partners 9 February 20079 DA1.00 | Rev 13
2023

 

 

 

 

 

 

A copy of this response has been sent to the applicant for their information.

For further information please contact Jodie Wilson, Senior Planning Officer, on 5352 9778 or via email
[email protected] who will be pleased to assist.

Yours sincerely

Pa

Garth Nolan
Manager (Planning)

State Assessment and Referral Agency Page 2 of 9

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Page 20

2107-23530 SRA

cc Noosa Springs Real Estate Pty Ltd, [email protected]

enc Attachment 1—Changed conditions to be imposed
Attachment 2—Changed reasons for decision to impose conditions
Attachment 3—Changed advice to the assessment manager
Approved plans and specifications

State Assessment and Referral Agency Page 3 of 9

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Page 21

Attachment 1—Changed conditions to be imposed

2107-23530 SRA

 

 

No.

Conditions

Condition timing

 

Material change of use

 

Schedule 10, Part 10. Division 3, Subdivision 3, Table 1, Item 1—Koals habitat area in SEQ region—
The chief executive administering the Planning Act 2016 nominates the Director-General of the
Department of Environment and Science to be the enforcement authority for the development to which
this development approval relates for the administration and enforcement of any matter relating to the
following conditions:

 

The development must be carried out generally in accordance with the

following documents:

« Proposed Site Plan with Koala Habitat Overlay, prepared by Marchese
Partners International Pty Ltd, dated 1244/2020 8/03/2023. Dwg. No.
SK.01, Revision 4.2.

At all times

 

Clearine-is-tiied-to-y I et40. 5 jle-koele-habitattrees
+s +

identiied-wi on Ste R - :

Over by Marshase 2 lest Sene| Rix Lid deted
yr BreR ca yt
Retention of native vegetation within the Koala Habitat Area,
identified within following documents, is to be maintained:
* Proposed Site Plan with Koala Habitat Overlay, prepared by
Marchese Partners International Pty Ltd, dated 8/03/2023,
Dwg. No. SK.01, Revision 2
* Noosa Springs — Koala Habitat Area Tree Schedule
pared by Gondwana Ecology Group, dated 9/03/2023

At all times

 

 

 

 

 

 

 

 

State Assessment and Referral Agency

Document Set ID: 23746767
Version: 6, Version Date: 22/05/2025

Page 4 of 9

Page 21 of 53

Page 22

2107-23530 SRA

 

fo fF

 

 

 

 

 

 

 

 

 

6.3. | The existing fencing around the perimeter of the property is to be At all times
maintained as koala exclusion fencing in accordance with the Koala
Sensitive Design Guideline (Version 2), prepared by the Department of
Environment and Science and dated 01/02/2020.

 

 

 

Schedule 10, Part 9, Division 4. Subdivision 1, Table 1, Item 1—Development impacting on State
transport infrastructure—The chief executive administering the Planning Act 2016 nominates the
Director-General of the Department of Transport and Main Roads to be the enforcement authority for

 

 

 

State Assessment and Referral Agency Page 5 of 9

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Page 23

2107-23530 SRA

 

any matter relating to the following conditions:

the development to which this development approval relates for the administration and enforcement of

 

 

#4. | The development must provide a dedicated pedestrian pathway from the
porte cochere to the hotel reception generally in accordance with the
following:
* Entry Link Level Plan, prepared by Marchese Partners, dated
32:44202+ 9/02/2023, drawing number 20078 DA1.01. revision
8 13: and
Site Plan, prepared by Marchese Partners, dated 42/44/2024 9/02/2023,
drawing number 20078 DA1.00. revision 8 13.

@ 5. | (a) The development must provide a bus setdown facility as part of the
porte cochere at the location shown as numbers 11 and 13 on the
Entry Link Level Plan, prepared by Marchese Partners, dated
42442024 9/02/2023, drawing number 20078-DA1.01, revision 3
13.

 

 

 

(b) The bus setdown facility required in part (a) of this condition must be
in accordance with the Disability Standards for Accessible Public
Transport 2002 made under subsection 31(1) of the Disability
Discrimination Act 1992 and include the following:

*® capacity for one (1) single unit rigid bus of 14.5m in length to
traverse the porte cochere as well as provision for the parking of
one (1) single unit rigid bus of 14.5m within the porte cochere:

prepared by Traffic Transport Plus, dated 01/02/22, Figure 2,
revision 1;

® provision for the parking of one (1) mini-bus of 8m in length with
8x5 trailer within the porte cochere whilst another mini-bus with
trailer traverses the porte cochere in accordance with Swept
Path — Mini Bus With Trailer, prepared by Traffic Transport Plus,
dated 01/02/2022. Figure 5, revision 1;

* lighting in accordance with AS/NZS 1158.3.1 — Lighting for
Roads and Public Spaces, Part 3.1: Pedestrian Area (Category
P) Lighting — Performance and Design Requirements; and

*® access and hardstand, and shelter with seats, for waiting and
boarding/alighting passengers.

RPEOQ certification, with supporting documentation, must be provided to
the Program Delivery and Operations Unit, North Coast Region
([email protected]) within the Department of Transport
and Main Roads confirming that the development has been designed
and constructed in accordance with parts (a) and (b) of this condition.

 

@ 6. | (a) The development must provide a dedicated passenger loading zone
within the porte cochere at the location shown as number 11 on the
Entry Link Level Plan, prepared by Marchese Partners, dated
42442024 9/02/2023, drawing number 20078 DA1.01, revision &
413.

 

(b) The passenger loading zone required in part (a) of this condition
must be designed and constructed to:
(i) Be suitable for use by a taxi catering for people with
disabilities in accordance with:
e AS1428.1 - Design for access and mobility:
e AS2890.6 - Parking Facilities, Part 6: Off-street parking
for people with disabi :
e Chapter 7 — Taxi Facilities of the Public Transport
Infrastructure Manual 2015; and

 

 

 

 

State Assessment and Referral Agency

Document Set ID: 23746767
Version: 6, Version Date: 22/05/2025

« kerb modifications in accordance with Swept Path — 14.5, Coach,

Prior to the
commencement
of use, and
where on site, to
be maintained at
all times

(3) — (b)

Prior to the
commencement
of use and to be
maintained at all
times

(c)

Prior to the
commencement of
use

(a) - (b)

Prior to the
commencement of
use and to be
maintained at all
times

{c)

Prior to the

commencement of
use

Page 6 of 9

Page 23 of 53

Page 24

 

 

“fp

 

 

 

e the Disability Standards for Accessible Public Transport
2002 - subsection 31(1) of the Disability Discrimination
Act 1992;
(ii) include lighting in accordance with AS/NZS 1158.3.1—
Lighting for Roads and Public Spaces, Part 3.1: Pedestrian
Area (Category P) Lighting — Performance and Design
Requirements; and
(iii) provide access and hardstand, and shelter with seats, for
waiting and boarding/alighting passengers.

RPEOQ certification, with supporting documentation, must be provided to
the Program Delivery and Operations Unit, North Coast Region
([email protected]) within the Department of Transport
and Main Roads confirming that the development has been designed
and constructed in accordance with parts (a) and (b) of this condition.

(a) A RPEO certified Traffic Management Plan must be prepared and
given to the Program Delivery and Operations Unit, North Coast Region
(via [email protected]) within the Department of
Transport and Main Roads.

(b) The Traffic Management Plan must demonstrate how operation of the
porte cochere will be monitored and managed to ensure safe movement
of vehicle and pedestrians, in particular when a 14.5m coach is
traversing the porte cochere when other vehicles are utilising the same.

(c) The operation of the development must be undertaken in accordance
with the Traffic Management Plan.

State Assessment and Referral Agency

Document Set ID: 23746767
Version: 6, Version Date: 22/05/2025

2107-23530 SRA

(a) & (b)

Prior to the
commencement of
use, and where on
site, to be
maintained at all
times

(c) At all times
during operation.

Page 7 of 9

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2107-23530 SRA

Attachment 2—Changed reasons for decision to impose conditions

 

The reasons for this decision are:
The development complies with State code 25: Development in South East Queensland koala habitat
areas. Specifically, the proposed changes to the development:

minimises the amount of interference with a Koala Habitat Area.

Note: Interfering with koala habitat is defined under Schedule 24 of the Planning regulation 2017

as:

(a) means removing, cutting down, ringbarking, pushing over, poisoning or destroying in any way,
including by burning, fiooding or draining, native vegetation in a koala habitat area; but

(b) does not include destroying standing vegetation by stock, or lopping a tree

no longer involves the removal of Non- Juvenille Koala Habitat Trees within a Koala Habitat Area,

requiring an environmental offset.

through conditioning, will ensure that future exempted development clearing does not occur

within the mapped Kosls Habitat Area and suitable canopy species for koala habitat and

essential habitat is retained

The development complies with State code 6: Protection of state transport networks. Specifically, the
proposed changes to development:

continues to provide safe and direct access to public passenger transport infrastructure, including
access by cycling and walking

does not compromise existing safe and direct access to public passenger transport infrastructure,
including access by cycling and walking

Findings on material questions of fact
The subject site is mapped as containing koala habitat area (core koala habitat area, based on DES
technical agency assessment the core koala habitat area is 0.19ha of the site).

With regards to regulated vegetation, the site is mapped as containing:

0.19hs of Category B (remnant vegetation) area comprising of least concern RE 12.2.5 (Figure 3)
(Vegetation Management Property Report);
3.62ha of non-remnant ares (Figure 3) (Vegetation Management Property Report):
0.19ha of essential habitat for the following species (Figure 4) (Vegetation Management Property
Report):

Crinia tinnula wallum froglet V;

Litoria freycineti wallum rocketfrog V:

e — Litoria olongburensis wallum sedgefrog V;

Calyptorhynchus lathami glossy black-cockatoo V-;

Phascolarctos cinereus koala V; and

Acacia attenuate V;
High risk area on the protected plants flora survey trigger map (Figure 5) (Vegetation
Management Property Report).

Evidence or other material on which the findings were based
© development application material and submitted plans
* State Development Assessment Provisions (version 3.0)
* The Development Assessment Rules
© Planning Act 2016
® Planning Regulation 2017
* SARA DA Mapping system
« State Planning Policy mapping system

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2107-23530 SRA

Attachment 3—Changed advice to assessment manager

 

 

General advice

 

1. Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or
the State Development Assessment Provisions (SDAP) v2-83.0. If a word remains undefined it
has its ordinary meaning.

 

2. Terms defined in the Glossary of Terms found within the state code 25: Development in South
East Queensiand koala habitat areas are taken to have the same meaning in these conditions.

3. Areference to state code 25 is a reference to the version of the state code 25: Development in
South East Queensland koala habitat areas in effect as at the date of this development
approval.

 

 

 

 

 

 

 

6 4. | The development contains areas mapped as containing a high-risk area on the protected plant
flora survey trigger map. Where clearing is proposed within a high-risk area, it is a requirement
under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the Flora
Survey Guidelines to determine if there are any protected plants on the clearing site. If
protected plants are found on the clearing site. a clearing permit under the Nature Conservation
Act 1992 may be required.

2% 5. | The development contains habitat for threatened and special least concern fauna species. If
the development requires tampering with a protected animal breeding place, a species
management program may be required.

 

More information on protected animal breeding places and species management programs can
be found here: https://environment.des_ald.gov.au/licences-permits/plants-animals/species-
management-program

     

 

 

 

 

State Assessment and Referral Agency Page 9 of 9

Page 26 of 53

Document Set ID: 23746767
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Page 27

 

 

 

PLANS AND DOCUMENTS — it
seteeras

in the REFERRAL

 

 

NOOSA SPRINGS - KOALA HABITAT AREA - TREE SCHEDULE (updated 9 March 2023)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TREE # | DIA. | SPR. | NAME SPECIES NOTES NJKHT
K1 300 8 Bribie Island pine | Callitris columeliaris
K2 240 8 Bribie Island pine | Callitris columeliaris
K3 240 7 hickory wattle Acacia disparrima
Ka 170 5 hickory wattle Acacia disparrima
KS 150 | & | macaranga Macoranga tanarius
KE 200 4 | forestred gum Eucalyptus tereticornis 1
K7 400 | 15 | Bribielslandpine | Callitris columeliaris
KB 350 | 10 | brush box Lophostemon confertus 1
ko 170 | 6 | brush box Lophostemon confertus 1
kKi0 400 | 10 | banksia Banksia integrifolia
Kil 150 4_| banksia Banksia integrifolia
Ki2 400 | 12 | brush box Lophostemon confertus 1
Ki3 200 & brush box Lophostemon confertus 1
Kia 150 8 brush box Lophostemon confertus 1
Kis. 180 5 brush box Lophostemon confertus_| 3x stem i
kis 180 5 pongamia? Milletia pinnata (?) planted in bed/carpark
Kig 270 8 forest red gum Eucalyptus tereticornis 1
kK20 220 8 grey gum Eucalyptus propinqua possibly planted 1
K21 250 8 brush box Lophostemon confertus | 3xstem 1
K24 280 | 10 | brush box Lophostemon confertus | 2xstem 1
K26 500 | 12 | brush box Lophostemon confertus top broken off, possible 1
hollows
K27 170 7__| she-oak Allocasuarina littoralis
K28 270 3 hickory wattle Acacia disparrima
x29 150 5 Bribie island pine | Callitris columeliaris
k30 170 5 brush box Lophostemon confertus | 4x stem 1
K34 350 | 15 | bloodwood Corymbia intermedia 1
K35 500 | 20 | bloodwood Corymbia intermedia 1
K36 170 5 hickory wattle Acacia disparrima
K37 150 3__| banksia Banksia integrifolia
K38 240 8 grey gum Eucalyptus propinqua 1
K39 300 | 10 | white cedar Melia azedarach
K40 170 5 hickory wattle Acacia disparrima lean
Kai 150 6 brush box Lophostemon confertus_| 3x stem 1
Kaa 280 | 12 | brush box Lophostemon confertus | 2xstem 1
K46 200 6 | brush box Lophostemon confertus 1
Ka7 300 9 brush box Lophostemon confertus_| 2xstem 1
Kao 150 8 brush box Lophostemon confertus 1
kSO 200 | 10 | brush box Lophostemon confertus 1
KS1 150 5 bloodwood Corymbia intermedia 1
K52 170 4 Bribie Island pine | Callitris columeliaris
KS3 200 8 brush box Lophostemon confertus | small clump of trees 1
sa 170 5 Bribie Island pine | Callitris columeliaris
KSS 350 12 | brush box Lophostemon confertus 1
KS6 250 | 10 | forest red gum Eucalyptus tereticornis 1
KS7 250 7 brush box Lophostemon confertus 1
ks8 160 4 Bribie Island pine | Callitris columeliaris
ks9 200 6 Bribie Island pine | Callitris columeliaris
kK60 240 6 Bribie Island pine | Callitris columeliaris
K61 170 6 Bribie island pine | Callitris columeliaris
K62 180 6 Bribie island pine | Callitris columeliaris
K63 200 5 brush box Lophostemon confertus | 3xstem 1
K66 300 8 hickory wattle Acacia disparrima
K67 250 5 hickory wattle Acacia disparrima dead
k6s 160 5 Bribie Island pine | Callitris columeliaris
Terrestrial Ecolagy Assessment — Noosa Springs Boutique Hote!
Page 27 of 53

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Page 28

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TREE # | DIA. | SPR. | NAME SPECIES NOTES: NJKHT
Keg 330 8 | hickory wattle Acacia disparrima
K70 250 8 | Bribie lsiand pine | Callitris columeliaris
K7L 150 5 | Bribie island pine | Callitris columetlaris
K72 500 | 15 | Bloodwood/Box dead
K73 170 | 6 | brush box Lophostemon confertus 1
x74 230 8 hickory wattle Acacia disparrima dead/lean
K75 250 | 10 | brush box Lophostemon confertus | 3xstem 1
K73 160 6 brush box Lophostemon confertus | dead
«79 160 6 | Bribie lsland pine | Callitris columeliaris
K30 500 | 12 | brush box Lophostemon confertus i
Ka1 500 | 12 | brush box Lophostemon confertus 1
Ka2 500 | 15 | brush box Lophostemon confertus 1
ks3 280 | 10 | hickory wattle Acacia disparrima
kaa 300 | 10 | bloodwood Corymbia intermedia 1
Kas 200 | 5 | toothed wattle Acacia flavescens
Ka6 500 | 10 | brush box Lophostemon confertus | 4xstem 1
K91 | 200] 8& | flindersia Flindersia sp.

(brayleana)

x92 170 6 | brush box Lophostemon confertus a
x93 600 | 20 | bloodwood Corymbia intermedia large tree i
koa 400 | 15 | brush box Lophostemon confertus i
KS 450 | 10 | Bribielsiand pine | Callitris columellaris
Ko6. 450 | 10 | brush box Lophostemon confertus 1
Ko7 330 7 Bribie island pine | Callitris columellaris
koa 250 8 scrub cherry Syzigium australe 5x stem, planted
x99 300 | 10 | brush box Lophostemon confertus 1
Ki01 500 | 12 | bloodwood Corymbia intermedia 1
K102 200 6 | Bribielsiand pine | Callitris columeliaris
ki03 370 | 14 | forestred gum Eucalyptus tereticornis i
ki0a_| 220 brush box Lophostemon confertus i

 

6
ki05__| 270 6 | Bribie Island pine | Callitris columetiaris
K106 210 5 Bribie island pine | Callitris columetlaris
3
5

 

 

Archontophoenix
Alexandra palm alexandrae planted

 

 

 

 

 

 

 

 

 

150

ki08 200 Bribie Island pine | Callitris columellaris

ki109 300 | 10 | bloodwood Corymbia intermedia 1

k110 170 8 | celerywood Polyscias elegans

Kii1 300 9 | Bribie lsiand pine | Callitris columeliaris

kii2_ | 400 | 15 | hickory wattle Acacia disparrima
Archontophoenix

k113 170 4 | Alexandra palm alexandrae planted
Archontophoenix

kiia | 170 4 | Alexandra palm alexandrae planted
Archontophoenix

kais 170 4 | Alexandra palm alexan planted

Kii6 170 5 | Bribie lsiand pine | Callitris columeliaris top snapped off

 

 

 

 

 

 

 

 

 

Kil7 170 5 Bribie Island pine | Callitris columetlaris

 

NOTE: Refer Attachment A for Tree Plan.

DIA. = diameter at breast height (mm); SPR. = spread (m); NJKHT = non-juvenile koala habitat tree

 

 

 

 

 

PLANS AND DOCUMENTS
referred to in the REFERRAL ,
AGENCY RESPONSE Srooe
SARA ref: 2107-23530 SRA
Terrestrial Ecology Assessment ~ Noosa Springs Boutique Hate! Date: 17 March 2023
Page 28 of 53

Document Set ID: 23746767
Version: 6, Version Date: 22/05/2025

Page 29

 

 

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PROPOSED SITE PLAN WITH KOALA
MABITAT OVERLAY
Dae

 

 

NOOSA SPRINGS REAL ESTATE PTY

LTO

TT

 

 

   

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min

 

GH AUSTRALIA| [33

 

 

 

 

 

 

 

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E i warenrene TOPE COUPER LEPEO OPER PERE ARON eT eA EOD ee ten eee renee eeeeeeeeeteteteeee tes Hi ii

 

 

 

 

 

 

Page 29 of 53

Document Set ID: 23746767
Version: 6, Version Date: 22/05/2025

 

Page 30

Development Assessment Rules—Representations about a
referral agency response

The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules"
regarding representations about a referral agency response

Part 6: Changes to the application and referral agency
responses

 

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any
further period agreed ends, change its referral agency response or give a late referral agency
response before the application is decided, subject to section 28.2 and 28.3.

28.2. A concurrence agency may change its referral agency response at any time before the application
is decided if—

(a) the change is in response to a change which the assessment manager is satisfied is a change
under section 26.1; or

(b) the Minister has given the concurrence agency a direction under section 99 of the Act; or

(c) the applicant has given written agreement to the change to the referral agency response?

28.3. A concurrence agency may give a late referral agency response before the application is decided,
if the applicant has given written agreement to the late referral agency response.
28.4. Ifa concurrence agency proposes to change its referral agency response under section 28.2(a),
the concurrence agency must—
(a) give notice of its intention to change its referral agency response to the assessment manager
and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;
and
(b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a
further period agreed between the applicant and the concurrence agency, to give an amended
referral agency response to the assessment manager and a copy to the applicant.

1 Pursuant to Section 68 of the Planning Act 2016

2 In the instance an applicant has made representations to the concurrence agency under section 30,
and the concurrence agency agrees to make the change included in the representations, section
28.2(c) is taken to have been satisfied.

Page 1 of 2

Page 30 of 53

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Page 31

Part 7: Miscellaneous

30 Representations about a referral agency response

30.1. An applicant may make representations to a concurrence agency at any time before the application
is decided, about changing a matter in the referral agency response.*

3 An applicant may elect, under section 32, to stop the assessment manager's decision period in which
to take this action. If a concurrence agency wishes to amend their response in relation to
representations made under this section, they must do so in accordance with section 28.

Page 2 of 2

Page 31 of 53

Document Set ID: 23746767
Version: 6, Version Date: 22/05/2025

Page 32

Document Set ID: 23746767

16 July 2021

ws
=A et ,
Noosa Council St) Y
PO Box 414 W/Z
Tewantin QLD 4565

Attention: Patrick Murphy
Via email: [email protected]

cc Noosa Spring Real Estate Pty Ltd
C/- Adamson Town Planning Pty Ltd
PO Box 894
Cooroy QLD 4563

Attention: Phil Starkey
Via email: [email protected]

Dear Patrick,

Development Application — Material Change of Use — Resort Complex
(112 Units), Bar, Food and Drink Outlet, Outdoor Sports and Recreation
(3 x Tennis Courts) at 61 Noosa Springs Drive, Noosa Heads, described
as Lot 4 on SP178340.

Council Ref: MCU21/0110
Applicant Ref: 16022
Our Ref: HBD 7392264

We refer to the above referenced Development Application which has been
referred to Energex Limited pursuant to section 54 of the Planning Act 2016.

In accordance with Schedule 10, Part 9, Division 2 of the Planning
Regulation 2017, the application has been assessed against the purposes of
the Electricity Act 1994 and Electrical Safety Act 2002. The below response
is provided in accordance with section 56 of the Planning Act 2016.

Should the Assessment Manager decide to approve the proposed Material
Change of Use, Energex advises the following in relation to the proposed
development:

1. The development is to be carried out in accordance with the plans
identified below. Any changes to these plans should be resubmitted
to Energex for further review and comment.

 

Approved Plans
Title ee OL aod Issue Date
Site Plan DA1.00 7 01/12/2020
1.3 Landscape LOPS 23/02/2021
Concept Plan — B
Lower and Upper
Ground Floor

 

 

 

 

 

 

Version: 6, Version Date: 22/05/2025

energex
positive energy

 

Facsimile

0456 836 609
Email
[email protected]

Corporate Office

26 Reddacliff Street,
Newstead QLD 4006

GPO Box 1461

Brisbane Qld 4001
Telephone (07) 3664 4000
Facsimile (07) 3025 8301
wew.energex.com.au

Energex Limited
ABN 40 078 849 055

Page 32 of 53

Page 33

2. The conditions of any easements in favour of Energex must be maintained at all
times.

Should you require any further information on the above matter, please contact
Maddison Low on 0456 836 609.

Yours faithfully,

Maddison Low
Town Planner

Reference: HBD 7392264
Have you seen our fact sheets?

See the ‘considerations when developing around electricity infrastructure’ section of our website
www.energex.com.au/referralagency

Page 33 of 53

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Page 34

                                                  List of Submitters
                                                  PLANNING ACT 2016 & PLANNING REGULATION 2017




                Name                          Email                             Address

                Robert & Jennifer Brooks   [email protected]                        Unit 1532 Parkridge
                                                                                    Noosa Heads 4567
                Charmian Holland           [email protected]              1531/1 Lakeview Rise
                                                                                    Noosa Heads 4567
                Boyd & Ann Williams        [email protected]                   1622/3 Lakeview Rise
                                                                                    Noosa Heads 4567
                Ric & Pam Holm             [email protected]                   1513/1 Lakeview Rise
                                                                                    Noosa Heads
                David & Claudia Cohn       [email protected]                     1533/1 Resort Drive
                                                                                    Parkridge Noosa Heads
                Janet Greve                [email protected]                     514/6 Sedgeland Dve
                                                                                    Noosa Heads
                Don Orpin                  [email protected]                       20 Oasis Dve Noosa
                                                                                    Heads
                Elizabeth Thornton         [email protected]              1522/1 Lakeview Rise
                                                                                    Noosa Heads
                Kathleen Passenger         [email protected]                     1524/1 Lakeview Rise
                                                                                    Noosa Heads
                Shumbi Love                [email protected]
                Paul Spies                 [email protected]                   6/269 Weyba Rd
                                                                                    Noosaville
                Brendan Burgess            [email protected]               12 Dame Patti Drive
                                                                                    Sunrise Beach
                Elissa Galea               [email protected]                       251/21 Lakeview Rise
                                                                                    Noosa Heads
                Vivian Bilu                [email protected]                  34 Weyba Park Drive
                                                                                    Noosa Heads
                Parmiss Keyhani            [email protected]
                Ryan Harper                [email protected]
                Ian and Jo Bell            [email protected]                      4 Ironwood Lane,
                                                                                    Elysium Noosa Heads
                Rob and Ingrid Aitken      [email protected]                  512 David Low Way
                                                                                    Castaways Beach
                Rowena Faerch              [email protected]                          Villa 757 Noosa Springs

                                                                                                 Page 34 of 53

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Page 35

                Linda Shaw                [email protected]                6 Goldcrest Crt Sunrise
                                                                             Beach
                Michelle Guest            [email protected]               14 Orealla Cres Sunrise
                                                                             Beach
                Adrian Williams           [email protected]          Noosa Residents and
                                                                             Ratepayers Association
                                                                             PO Box 94 Noosa Heads
                Sally Simmons                                                20 Seaview Tce
                                                                             Sunshine Beach
                Michael Lonie             [email protected]                 326/61 Noosa Springs
                                                                             Dve Noosa Heads
                Rowan Rafferty            [email protected]         PO Box 574 Noosaville
                John Cochrane             [email protected]
                Chris & Sheila Clarkson   [email protected]   324 Noosa Springs Dve
                                                                             Noosa Heads
                Roger and Irene Waters    [email protected]
                Philip Dauphin            [email protected]             29 Oasis Dve Noosa
                                                                             Heads
                Margaret Calvert          [email protected]             25 Springs Cres Noosa
                                                                             Heads
                Keith Calvert             [email protected]                  PO Box 962 Noosa
                                                                             Heads
                Graham Cooper             [email protected]        10 Hollyhock Cres Noosa
                                                                             Heads
                Angela Coorper            [email protected]        10 Hollyhock Cres Noosa
                                                                             Heads
                Mike Cowell               [email protected]               1421/75 Resort Dve
                                                                             Noosa Heads
                Rhonda Stringer           [email protected]
                Keith Calvert             [email protected]                  The Oasis Body
                                                                             Corporate Committee 25
                                                                             Springs Cres Noosa
                                                                             Springs
                Karen O'Brien                                                36/37-39 Noosa Drive
                                                                             Noosa Heads
                Michaela James                                               24 White Beech Rd
                                                                             Noosa Heads
                Alexander & Manuela                                          17 Honey Myrtle Rd
                Bannister                                                    Noosa Heads
                Mally Jane                                                   1/30 Ann St Noosaville
                Joanne Kay                                                   633/8 Sedgeland Dve
                                                                             Noosa Heads



                                                                                         Page 35 of 53

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Page 36

                Linda Clarkson                                25 Bumpy Ash Lane
                                                              Noosa Heads
                M Askew-Walinda & D                           12 Bennets Ash Rd
                Walinda                                       Noosa Heads
                Lyndal Elias                                  333/2 Sedgeland Dve
                                                              Noosa Heads
                Elizabeth Milne                               14 Smokebush Dve
                                                              Noosa Heads
                Hugh Bate               [email protected]
                Sean Carey                                    13 Columbus Crt Sunrise
                                                              Beach
                B & L Rudd                                    23 Smoke Bush Dve
                                                              Noosa Heads
                P & G Murray                                  8 Hollyhock Cres Noosa
                                                              Heads
                Terrence O'Brien                              36/37-39 Noosa Dve
                                                              Noosa Heads
                Kay & Tony Frost                              9 Sanctuary Ave Noosa
                                                              Heads
                Tiziama Turatello                             9 Lake Edge Dve Noosa
                                                              Heads
                Judy & Colin Williams                         13 Smoke Bush Dve
                                                              Noosa Heads
                Arvo Elias                                    333/2 Sedgeland Dve
                                                              Noosa Heads
                Jane Woodrow                                  6 Bennets Ash Rd Noosa
                                                              Heads
                Maxwell Gray                                  19 Honey Myrtle Rd
                                                              Noosa Heads
                Owen & Sue Curtis                             50 Honey Myrtle Rd
                                                              Noosa Heads
                Roy & Betsey Cornish                          21 Smoke Bush Dve
                                                              Noosa Heads
                David Starkey                                 8 Blue Gum Rd Noosa
                                                              Heads
                Ian Bell                                      4 Ironwood Lane Noosa
                                                              Heads
                Margaret Kline                                22 White Beech Rd
                                                              Noosa Heads
                Archie Murr                                   28 Cottonwood Crt
                                                              Noosa Heads
                John Betar                                    20 Coral Tree Ave Noosa
                                                              Heads

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                Teresa Willis               28 Cottonwood Crt
                                            Noosa Heads
                M Dill                      154/61 Noosa Springs
                                            Dve Noosa Heads
                Stanley & Anne Hayman       137/61 Noosa Springs
                                            Dve Noosa Heads
                Glenn Hunter                147/61 Noosa Springs
                                            Dve Noosa Heads
                James Fraser                140/61 Noosa Springs
                                            Dve Noosa Heads
                Elizabeth Russell           148/61 Noosa Springs Dr
                                            Noosa Heads
                Terry & Liz Cline           134/61 Noosa Springs Dr
                                            Noosa Heads
                Robert & Christine Hobart   139/61 Noosa Springs Dr
                                            Noosa Heads
                Philipa Bensley             2223/15 Lakeview Rise
                                            Noosa Heads
                U Schmetzer                 9 Lake Edge Drive Noosa
                                            Heads
                John Havilah                1711/3 Lakeview Rise
                                            Noosa Heads
                Sue & John Havilah          1711/5 Lakeview Rise
                                            Noosa Heads
                John & Janet Day            1422/75 Resort Dve
                                            Noosa Heads
                Erika Hackett               511/6 Sedgeland Dve
                                            Noosa Heads
                L Motley                    315/61 Noosa Springs
                                            Dve Noosa Heads
                Mary Davidson               315/61 Noosa Springs
                                            Dve Noosa Heads
                M Bunn                      223/61 Noosa Springs
                                            Dve Noosa Heads
                A Douglas                   217/61 Noosa Springs Dr
                                            Noosa Heads
                R Sharkey                   225/61 Noosa Springs Dr
                                            Noosa Heads
                Robert Kennedy              227 Noosa Springs Dr
                                            Noosa Heads
                D & M Mitchell              11 Lake Edge Drive
                                            Noosa Heads



                                                       Page 37 of 53

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Page 38

                T & R Scott            13 Honey Myrtle Rd
                                       Noosa Heads
                Judith Gosper          31 Mossman Court
                                       Noosa Heads
                Simon Smith            28 Cottonwood Court
                                       Noosa Heads
                R & J Watt             5 Smoke Bush Drive
                                       Noosa Heads
                R & N Rae              6 Honey Myrtle Rd
                                       Noosa Heads
                B & M Smythe           2 Black Beech Rd Noosa
                                       Heads
                Joanne Bell            4 Ironwood Lane Noosa
                                       Heads
                I & A MacDonald        7 Honey Myrtle Rd
                                       Noosa Heads
                Don Marshall           12 Honey Myrtle Rd
                                       Noosa Heads
                Lara Good              9 Blue Gum Rd Noosa
                                       Heads
                Greg Kline             22 White Beech Rd
                                       Noosa Heads
                M & J West             4 Smoke Bush Drive
                                       Noosa Heads
                J & A Sauvage          17 Hollyhock Crescent
                                       Noosa Heads
                Kevin Sargent          3 Ironwood Lane Noosa
                                       Heads
                Suzanne Grumley        534/6 Sedgeland Dr
                                       Noosa Heads
                Lynda Jedynak          9 Black Beech Rd Noosa
                                       Heads
                C & B Dean             16 Smoke Bush Drive
                                       Noosa Heads
                S & S Grandison        32 Smoke Bush Drive
                                       Noosa Heads
                Kerin Hill             9 Smoke Bush Drive
                                       Noosa Heads
                Hans Meyer             14 Sanctuary Ave Noosa
                                       Heads
                Robert Walters         9 Smoke Bush Drive
                                       Noosa Heads



                                                  Page 38 of 53

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Page 39

                Alison Calvert         14 Sanctuary Ave Noosa
                                       Heads
                Sandra Pompeuse        8 Bennets Ash Rd Noosa
                                       Heads
                Soren Anderson         522/6 Sedgeland Drive
                                       Noosa Heads
                Penelope Roberts       4 Wild Apple Court
                                       Noosa Heads
                Jan Osmond             5 Black Beech Rd Noosa
                                       Heads
                Vicki Grady            198 Sunrise Rd Doonan
                Paul & Dawn Campbell   4 Bennets Ash Rd Noosa
                                       Heads
                A & T Smith            11 Black Beech Rd
                                       Noosa Heads
                Chadamat Ion           6 Smoke Bush Drive
                                       Noosa Heads
                Marian Enticknap       19 Tuckeroo Lane
                                       Eumundi
                David Ray              525/6 Sedgeland Drive
                                       Noosa Heads
                M Van Eldren           542/61 Noosa Springs
                                       Drive Noosa Heads
                M Wooly                535/61 Noosa Springs Dr
                                       Noosa Heads
                D Dent                 515/61 Noosa Springs Dr
                                       Noosa Heads
                J Chandler             706A/61 Noosa Springs
                                       Drive Noosa Heads
                J Cairns               507/61 Noosa Springs Dr
                                       Noosa Heads
                Helen Mackenzie        501/61 Noosa Springs
                                       Drive Noosa Heads
                E Bailey               536/61 Noosa Springs Dr
                                       Noosa Heads
                K Moore                543/61 Noosa Springs
                                       Drive Noosa Heads
                K Woolley              535/61 Noosa Springs
                                       Drive Noosa Heads
                J Macpherson           527/61 Noosa Springs Dr
                                       Noosa Heads
                J Van Os               542/61 Noosa Springs Dr
                                       Noosa Heads

                                                   Page 39 of 53

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Page 40

                P Bailey                                                    536/61 Noosa Springs Dr
                                                                            Noosa Heads
                R Macpherson                                                527/61 Noosa Springs Dr
                                                                            Noosa Heads
                C Huban-Yancey                                              534/61 Noosa Springs
                                                                            Drive Noosa Heads
                J Yancey                                                    534/61 Noosa Springs
                                                                            Drive Noosa Heads
                Robyn Roberts                                               301/3 Robinson St
                                                                            Prahran Victoria 3181
                K Pike                                                      530/61 Noosa Springs
                                                                            Drive Noosa Heads
                B Farmer & M Cawsky                                         746/61 Noosa Springs
                                                                            Drive Noosa Heads
                Bronwyn Francis                                             708/61 Noosa Springs
                                                                            Drive Noosa Heads
                R Francis                                                   708/61 Noosa Springs
                                                                            Drive Noosa Heads
                R Weir                                                      8 Tangmere Ct Noosa
                                                                            Heads
                G Larkin                                                    708/61 Noosa Springs
                                                                            Drive Noosa Heads
                N Oliver                                                    751/61 Noosa Springs
                                                                            Drive Noosa Heads
                R Clements                                                  124/61 Noosa Springs Dr
                                                                            Noosa Heads
                B Sweeney                                                   710/61 Noosa Springs Dr
                                                                            Noosa Heads
                T McMinn                                                    733/61 Noosa Springs Dr
                                                                            Noosa Heads
                K & D Healy                                                 715/61 Noosa Springs
                                                                            Drive Noosa Heads
                P Naughton                                                  714/61 Noosa Springs Dr
                                                                            Noosa Heads
                G Maddern                                                   723/61 Noosa Springs Dr
                                                                            Noosa Heads
                C Pezzetta                                                  9 Springs Crescent
                                                                            Noosa Heads 4567
                Paul Matthews          [email protected]
                Peter Todd             [email protected]
                B Wehrenberg                                                735/61 Noosa Springs
                                                                            Drive Noosa Heads



                                                                                        Page 40 of 53

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Page 41

                Gail Thomas            34 The Quarterdeck
                                       Noosa Heads
                P Creswell             535/6 Sedgeland Drive
                                       Noosa Heads
                H & A Weiler           32 Oasis Drive Noosa
                                       Heads
                P & B Macdonald        28 Oasis Drive Noosa
                                       Heads
                P & T Lamattina        30 Oasis Drive Noosa
                                       Heads
                F & N Austin           26 Oasis Drive Noosa
                                       Heads
                R Nissen               34 Oasis Noosa Heads
                P & T Liddy            31 Oasis Drive Noosa
                                       Heads
                Marion Kelly           21 Springs Crescent
                                       Noosa Heads
                C & S Harrold          7 Springs Crescent
                                       Noosa Heads
                M Calvert              25 Springs Crescent
                                       Noosa Heads
                O & T Sykes            17 Springs Crescent
                                       Noosa Heads
                M Kerr                 806/100 Resort Drive
                                       Noosa Heads
                Robyn Hansen           8 Springs Crescent
                                       Noosa Heads
                Peter Hansen           8 Springs Crescent
                                       Noosa Heads
                S Tregaskis            22 Oasis Drive Noosa
                                       Heads
                B Medley               804/100 Resort Drive
                                       Noosa Heads
                M Kavanagh             835/100 Resort Drive
                                       Noosa Heads
                G Larkin               817/100 Resort Drive
                                       Noosa Heads
                G & R Medley           804/100 Resort Drive
                                       Noosa Heads
                Dr J Kavanagh          835/100 Resort Drive
                                       Noosa Heads
                J & L Mitchell         738/61 Noosa Springs
                                       Drive Noosa Heads

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                M & K Beaver           842/100 Resort Drive
                                       Noosa Heads
                M Dolby                802/100 Resort Drive
                                       Noosa Heads
                L Willamson            832/100 Resort Drive
                                       Noosa Heads
                R Sekzenian            834/100 Resort Drive
                                       Noosa Heads
                Nicola Lord            820/100 Resort Drive
                                       Noosa Heads
                G Ireland              829/100 Resort Drive
                                       Noosa Heads
                D Angus                120/11 Sedgeland Drive
                                       Noosa Heads
                D Broderick            801/100 Resort Drive
                                       Noosa Heads
                Boyd W                 1622/3 Lakeview Rise
                                       Noosa Heads
                R Holm                 1513/1 Lakeview Rise
                                       Noosa Heads
                L Dalzell              2311/17 Lakeview Rise
                                       Noosa Heads
                A Williams             1622/3 Lakeview Rise
                                       Noosa Heads
                A White                1633/3 Lakeview Rise
                                       Noosa Heads
                M Herbert              1631/3 Lakeview Rise
                                       Noosa Heads
                Gary Q                 1633/3 Lakeview Rise
                                       Noosa Heads
                C White                1633/3 Lakeview Rise
                                       Noosa Heads
                D Edgar                1621/3 Lakeview Rise
                                       Noosa Heads
                C Block                1723/5 Lakeview Rise
                                       Noosa Heads
                K Hawn                 1611/3 Lakeview Rise
                                       Noosa Heads
                G Kulesza              1523/1 Lakeview Rise
                                       Noosa Heads
                A Bradley              1722/5 Lakeview Rise
                                       Noosa Heads



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Page 43

                M Thornton                                                1522/1 Lakeview Rise
                                                                          Noosa Heads
                E Thornton                                                1522/1 Lakeview Rise
                                                                          Noosa Heads
                P Sprunt                                                  1721/5 Lakeview Rise
                                                                          Noosa Heads
                R Brooks                                                  1532/1 Lakeview Rise
                                                                          Noosa Heads
                M Angus                                                   1201/11 Sedgeland Drive
                                                                          Noosa Heads
                J Brooks                                                  1532/1 Lakeview Rise
                                                                          Noosa Heads
                L Atherton                                                1713/5 Lakeview Rise
                                                                          Noosa Heads
                J Mawson                                                  1511/1 Lakeview Rise
                                                                          Noosa Heads
                G Foskett                                                 221/1 Alba Close Noosa
                                                                          Heads
                M Mawson                                                  1511/1 Lakeview Rise
                                                                          Noosa Heads
                M Foskett                                                 221/1 Alba close Noosa
                                                                          Heads
                J Oleson                                                  1425/75 Resort Drive
                                                                          Noosa Heads
                M Hunter                                                  231/1 Alba Close Noosa
                                                                          Heads
                C Holland                                                 1531 Lakeview Rise
                                                                          Noosa Heads
                W Cattach                                                 1413/75 Resort Drive
                                                                          Noosa Heads
                A Martin                                                  1521/1 Lakeview Rise
                                                                          Noosa Heads
                S Green                                                   512/6 Sedgeland Drive
                                                                          Noosa Heads
                M Lee                                                     1425/75 Resort Drive
                                                                          Noosa Heads
                N Gibson                                                  512/6 Sedgeland Drive
                                                                          Noosa Heads
                C Hackett                                                 511/6 Sedgeland Drive
                                                                          Noosa Heads
                J & L Smith            [email protected]
                Dr J Loxton                                               319/61 Noosa Springs
                                                                          Drive Noosa Heads

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Page 44

                R & E Mayfield                                   320/61 Noosa Springs
                                                                 Drive Noosa Heads
                R & A Howick                                     322/61 Noosa Springs
                                                                 Drive Noosa Heads
                B & J Galvin                                     321/61 Noosa Springs
                                                                 Drive Noosa Heads
                T & D Gee                                        325/61 Noosa Springs
                                                                 Drive Noosa Heads
                L Wamsteeker                                     201/61 Noosa Springs
                                                                 Drive Noosa Heads
                L Stafford                                       202/61 Noosa Springs Dr
                                                                 Noosa Heads
                M Spencer                                        113/61 Noosa Springs
                                                                 Drive Noosa Heads
                E Pascoe                                         105/61 Noosa Springs
                                                                 Drive Noosa Heads
                P Lewis                                          302/61 Noosa Springs
                                                                 Drive Noosa Heads
                Peter Morton                                     102/61 Noosa Springs
                                                                 Drive Noosa Heads
                W Sheahan                                        127/61 Noosa Springs
                                                                 Drive Noosa Heads
                C Morton                                         102/61 Noosa Springs
                                                                 Drive Noosa Heads
                S Macleman                                       156/61 Noosa Springs Dr
                                                                 Noosa Heads
                D Cutler                                         152/61 Noosa Springs
                                                                 Drive Noosa Heads
                N Sheahan                                        127/61 Noosa Springs
                                                                 Drive Noosa Heads
                G Stevens                                        519/61 Noosa Springs
                                                                 Drive Noosa Heads
                N & W Magner                                     558/61 Noosa Springs
                                                                 Drive Noosa Heads
                B Mulligan                                       521/61 Noosa Springs
                                                                 Drive Noosa Heads
                Peter Macintosh                                  323/61 Noosa Springs Dr
                                                                 Noosa Heads
                J Macintosh                                      323/61 Noosa Springs Dr
                                                                 Noosa Heads
                W Stevens                                        519/61 Noosa Springs
                                                                 Drive Noosa Heads
                C Hampson              [email protected]

                                                                            Page 44 of 53

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Page 45

                H Ringrose             [email protected]
                S Erasmus                                        204 Noosa Springs Dr
                                                                 Noosa Heads
                A & M Douglas                                    7/10 Serenity Close
                                                                 Noosa Heads
                S Bosch                                          224/61 Noosa Springs Dr
                                                                 Noosa Heads
                B Douglas                                        217 Noosa Springs Dv
                                                                 Noosa Heads
                T & M Byrne                                      222/61 Noosa Springs
                                                                 Drive Noosa Heads
                R & C McGilvrey                                  219 Noosa Springs Dr
                                                                 Noosa Heads
                G Sunderland                                     218/61 Noosa Springs
                                                                 Drive Noosa Heads
                L Taylor                                         215/61 Noosa Springs
                                                                 Drive Noosa Heads
                V Dembo                                          211/61 Noosa Springs Dr
                                                                 Noosa Heads
                C & P Matthews                                   210/61 Noosa Springs
                                                                 Drive Noosa Heads
                G Taylor                                         216/61 Noosa Springs
                                                                 Drive Noosa Heads
                T Brown                                          215/61 Noosa Springs
                                                                 Drive Noosa Heads
                A Brown                                          215/61 Noosa Springs
                                                                 Drive Noosa Heads
                R & J Cooke                                      209/61 Noosa Springs
                                                                 Drive Noosa Heads
                J Richardson                                     208/61 Noosa Springs
                                                                 Drive Noosa Heads
                G Smith & K Spanner                              206/61 Noosa Springs
                                                                 Drive Noosa Heads
                M Wamsteeber                                     204/61 Noosa Springs Dr
                                                                 Noosa Heads
                C & E Coombe                                     203/61 Noosa Springs Dr
                                                                 Noosa Heads
                T Stafford                                       202/61 Noosa Springs
                                                                 Dve Noosa Heads
                J Wamsteeker                                     201/61 Noosa Springs
                                                                 Drive Noosa Heads
                L Gibson                                         516/61 Noosa Springs
                                                                 Drive Noosa Heads

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Page 46

                D Gibson               516/61 Noosa Springs
                                       Drive Noosa Heads
                Debbie Dodd            532/61 Noosa Springs Dr
                                       Noosa Heads
                S Burdekin             546/61 Noosa Springs
                                       Drive Noosa Heads
                S Bate                 508/61 Noosa Springs Dr
                                       Noosa Heads
                H Bate                 508/61 Noosa Springs Dr
                                       Noosa Heads
                J & S Gamble           308/61 Noosa Springs Dr
                                       Noosa Heads
                B Smith                520/61 Noosa Springs
                                       Drive Noosa Heads
                P Nettleton            523/61 Noosa Springs Dr
                                       Noosa Heads
                G Nettleton            527/61 Noosa Springs Dr
                                       Noosa Heads
                D O'Connor             525/61 Noosa Springs
                                       Drive Noosa Heads
                B O'Keefe              538/61 Noosa Springs
                                       Drive Noosa Heads
                A & R Lai              304/61 Noosa Springs
                                       Drive Noosa Heads
                C Garland              305/61 Noosa Springs
                                       Drive Noosa Heads
                M & D Greig            307/61 Noosa Springs
                                       Drive Noosa Heads
                F Rentoul              308/61 Noosa Springs Dr
                                       Noosa Heads
                G McPike               311/61 Noosa Springs
                                       Drive Noosa Heads
                D & L Hay              312/61 Noosa Springs Dr
                                       Noosa Heads
                P Mitchell             317/61 Noosa Springs Dr
                                       Noosa Heads
                D McGregor             314/61 Noosa Springs
                                       Drive Noosa Heads
                Sue Thynne             7 Stevens St Sunshine
                                       Beach
                Adam Williams          110/61 Noosa Springs
                                       Dve Noosa Heads



                                                  Page 46 of 53

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Page 47

                Bryan Cutter                                   134/61 Noosa Springs Dr
                                                               Noosa Heads
                Susie & Tony Lewis                             111/61 Noosa Springs
                                                               Dve Noosa Heads
                Valerie & Peter Todd                           136/61 Noosa Springs Dr
                                                               Noosa Heads
                C Williams                                     110/61 Noosa Springs Dr
                                                               Noosa Heads
                J Cutter                                       134/61 Noosa Springs Dr
                                                               Noosa Heads
                A & P Lindsay                                  135/61 Noosa Springs Dr
                                                               Noosa Heads
                Margot McGhie                                  133/61 Noosa Springs Dv
                                                               Noosa Heads
                Travis Young                                   115/61 Noosa Springs
                                                               Dve Noosa Heads
                Ernie Mason & Sue                              119/61 Noosa Springs
                Ballard                                        Dve Noosa Heads
                Julie Hamilton                                 107/61 Noosa Springs Dr
                                                               Noosa Heads
                Lindsay & Susan Short                          116/61 Noosa Springs
                                                               Dve Noosa Heads
                S Wallace                                      112/61 Noosa Springs
                                                               Dve Noosa Heads
                J Young                                        115/61 Noosa Springs
                                                               Dve Noosa Heads
                Graham Dill                                    154/61 Noosa Springs Dr
                                                               Noosa Heads
                Peter Smith                                    157/61 Noosa Springs
                                                               Dve Noosa Heads
                Eamonn & Ann Owens                             151/61 Noosa Springs
                                                               Dve Noosa Heads
                Tony Burgess                                   159/61 Noosa Springs
                                                               Dve Noosa Heads
                Robert Greve                                   514/6 Sedgeland Drive
                                                               Noosa Heads
                M & H Canning                                  14 Hollhock Crescent
                                                               Noosa Heads
                Lesley Anderson                                522/6 Sedgeland Ave
                                                               Noosa Heads
                Steve Osmond                                   5 Black Beech Rd Noosa
                                                               Heads
                Jo Baggett              [email protected]

                                                                          Page 47 of 53

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Page 48

                John Cochrane on behalf   [email protected]   C/o Body Corporate
                of The Palms Noosa                                  Services PO Box 450
                Springs                                             Noosa Heads
                Graham Johnson                                      502/61 Noosa Springs Dr
                                                                    Noosa Heads
                Daryl & Sandy Bates                                 546 Noosa Springs Drive
                                                                    Noosa Heads
                Wendy Moon                                          557/61 Noosa Springs
                                                                    Drive Noosa Heads
                Mike Weston                                         533/61 Noosa Springs
                                                                    Drive Noosa Heads
                Martin Thomas                                       537/61 Noosa Springs
                                                                    Drive Noosa Heads
                Alistair Stewart                                    728/61 Noosa Springs Dr
                                                                    Noosa Heads
                Annette Philip                                      512/61 Noosa Springs
                                                                    Drive Noosa Heads
                B Hobson                                            731/61 Noosa Springs Dr
                                                                    Noosa Heads
                Annette Weston                                      533/61 Noosa Springs
                                                                    Drive Noosa Heads
                R Hobson                                            731/61 Noosa Springs Dr
                                                                    Noosa Heads
                M & P Grant                                         550/61 Noosa Springs Dr
                                                                    Noosa Heads
                G Mackenzie                                         501/61 Noosa Springs Dr
                                                                    Noosa Heads
                J Lonie                                             326/61 Noosa Springs
                                                                    Drive Noosa Heads
                E Lonie                                             326/61 Noosa Springs
                                                                    Drive Noosa Heads
                E Glasby                                            327/61 Noosa Springs
                                                                    Drive Noosa Heads
                S McPherson                                         329/61 Noosa Springs Dr
                                                                    Noosa Heads
                P Lyons                                             330/61 Noosa Springs Dr
                                                                    Noosa Heads
                Roger Lyons                                         330/61 Noosa Springs
                                                                    Drive Noosa Heads
                J & J Langley                                       333/61 Noosa Springs
                                                                    Drive Noosa Heads
                M Frew & M Deeben                                   334/61 Noosa Springs
                                                                    Drive Noosa Heads


                                                                               Page 48 of 53

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Page 49

                S Webb                 336/61 Noosa Springs Dr
                                       Noosa Heads
                D Maloney              335/61 Noosa Springs
                                       Drive Noosa Heads
                D Banks                332/61 Noosa Springs Dr
                                       Noosa Heads
                S Lee                  342/61 Noosa Springs Dr
                                       Noosa Heads
                R & Y Rawlinson        346/61 Noosa Springs
                                       Drive Noosa Heads
                D Jones                342/61 Noosa Springs Dr
                                       Noosa Heads
                R & M Murtagh          309/61 Noosa Springs
                                       Drive Noosa Heads
                A Jarvis               347/61 Noosa Springs Dr
                                       Noosa Heads
                J Gavin                348/61 Noosa Springs
                                       Drive Noosa Heads
                G & M Martin           345/61 Noosa Springs Dr
                                       Noosa Heads
                A Speer                313/61 Noosa Springs
                                       Drive Noosa Heads
                S & J Reeve            316/61 Noosa Springs Dr
                                       Noosa Heads
                G Rothwell             129/61 Noosa Springs
                                       Drive Noosa Heads
                M & S Arundel          149/61 Noosa Springs
                                       Drive Noosa Heads
                Robert Swan            PO Box 811 Noosa
                                       Heads
                B & L McCulloch        237/61 Noosa Springs
                                       Drive Noosa Heads
                M & P Altmann          236/61 Noosa Springs
                                       Drive Noosa Heads
                Pamela Wilson          235/61 Noosa Springs
                                       Drive Noosa Heads
                J Turton               233/61 Noosa Springs
                                       Drive Noosa Heads
                F Turton               233/61 Noosa Springs
                                       Drive Noosa Heads
                J Wardle               230/61 Noosa Springs Dr
                                       Noosa Heads



                                                  Page 49 of 53

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Page 50

                D Wardle               230/61 Noosa Springs Dr
                                       Noosa Heads
                P Townsend             232/61 Noosa Springs
                                       Drive Noosa Heads
                J Terol                228/61 Noosa Springs
                                       Drive Noosa Heads
                D & S Bulmer           231/61/ Noosa Springs
                                       Drive Noosa Heads
                I Goodwin              226/61 Noosa Springs
                                       Drive Noosa Heads
                M Kennedy              227 Noosa Springs Dr
                                       Noosa Heads
                H Terol                228/61 Noosa Springs
                                       Drive Noosa Heads
                Stephen Pike           530/61 Noosa Springs
                                       Drive Noosa Heads
                C Burton               767/61 Noosa Springs Dr
                                       Noosa Heads
                T & N Ryan             768/61 Noosa Springs Dr
                                       Noosa Heads
                N & R Faerch           757/61 Noosa Springs
                                       Drive Noosa Heads
                M Petrovic             766/61 Noosa Springs
                                       Drive Noosa Heads
                J & J Barrett          762/61 Noosa Springs
                                       Drive Noosa Heads
                Kerry Williamson       754/61 Noosa Springs Dr
                                       Noosa Heads
                L & A Isaacs           756/61 Noosa Springs
                                       Drive Noosa Heads
                A & J Buss             753/61 Noosa Springs
                                       Drive Noosa Heads
                R Gillies              747/61 Noosa Springs
                                       Drive Noosa Springs
                M Kenny                743/61 Noosa Springs Dr
                                       Noosa Heads
                D Pugh                 748/61 Noosa Spring
                                       Drive Noosa Heads
                L Shanahan             747/61 Noosa Springs
                                       Drive Noosa Heads
                K Cotton               745/61 Noosa Springs
                                       Drive Noosa Heads



                                                  Page 50 of 53

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Page 51

                G Mudgway              727/61 Noosa Springs Dr
                                       Noosa Heads
                J Brock                732/61 Noosa Springs
                                       Drive Noosa Heads
                M & M Stowski          729/61 Noosa Springs
                                       Drive Noosa Heads
                Patricia Smith         734/61 Noosa Springs Dr
                                       Noosa Heads
                Wendy Brock            732/61 Noosa Springs
                                       Drive Noosa Heads
                Rand Alwamandi         1416/75 Resort Drive
                                       Noosa Heads
                J & D Grant            1411/75 Resort Drive
                                       Noosa Heads
                J Pardons              1425/75 Resort Drive
                                       Noosa Heads
                D Townsend             331/2 Sedgeland Drive
                                       Noosa Heads
                J Marlowe              1425/75 Resort Drive
                                       Noosa Heads
                B Smytz                10 Oceania Cres
                                       Sunshine Beach
                R Creswell             535/6 Sedgeland Drive
                                       Noosa Heads
                H Schlichting          735/61 Noosa Springs
                                       Drive Noosa Heads
                J Greve                514/6 Sedgeland Drive
                                       Noosa Heads
                C Robertson            740/61 Noosa Springs Dr
                                       Noosa Heads
                L Meldrum              737/61 Noosa Springs Dr
                                       Noosa Heads
                W Manning              741/61 Noosa Springs
                                       Drive Noosa Heads
                S Endrey               760/61 Noosa Springs
                                       Drive Noosa Heads
                R Rauch-Shaw           749/61 Noosa Springs Dr
                                       Noosa Heads
                S & D Gillich          763/61 Noosa Springs Dr
                                       Noosa Heads
                J Lawson               33 Oasis-Noosa Springs
                                       Drive Noosa Heads



                                                  Page 51 of 53

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Page 52

                D Rudajs               9 Springs Crescent
                                       Noosa Heads
                N Sultmann             15 Springs Crescent
                                       Noosa Heads




                                                  Page 52 of 53

Document Set ID: 23746767
Version: 6, Version Date: 22/05/2025

Page 53

                                                                              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
               (2) The notice of appeal must be accompanied by the required fee.                  the person has not complied with the rules of the P&E Court




                                                                                                                                                  Page 53 of 53
Document Set ID: 23746767
Version: 6, Version Date: 22/05/2025

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