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Decision Notice - Approved by Delegation of Authority - DBW25 0062 (As Published) · DBW25/0062
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6245
Our Reference: DBW25/0062
RAP25/0030
Your Reference: 20240946
17 March 2026
Heath Group Pty Ltd Tte
C/- Adapt Development Management P/L
Level 1/103 Sippy Downs Dr
SIPPY DOWNS QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 10 March 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW25/0062
Street address: 17 Bayview Rd, NOOSA HEADS QLD 4567
Real property description: Lot 5 RP 193958
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Building Work Assessable Against the Planning Scheme - Dwelling
House (Garage Width, Driveway width, Excavation).
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the use has not happened by 10 March 2028, unless
an application to extend the currency period is approved by Council.
Approved Plans
3. 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
A1.101 7 GA Plan – Level 1 prepared by Myers Architecture 26.02.2026
A1.102 7 GA Plan – Ground prepared by Myers Architecture 26.02.2026
A1.103 7 GA Plan – Lower Ground prepared by Myers Architecture 26.02.2026
A1.108 7 GA Plan – Roof prepared by Myers Architecture 26.02.2026
A1.201 7 Elevation – Front (South West) prepared by Myers 26.02.2026
Architecture
A1.202 7 Elevation – Rear (North East) prepared by Myers 26.02.2026
Architecture
A1.203 6 Elevation – Rear (North East) (No Veg) prepared by 26.02.2026
Myers Architecture
A1.204 7 Elevation – North prepared by Myers Architecture 26.02.2026
A1.205 6 Elevation – North (No Veg) prepared by Myers 26.02.2026
Architecture
A1.206 7 Elevation – South East prepared by Myers Architecture 26.02.2026
A1.207 6 Elevation – South East (No Veg) prepared by Myers 26.02.2026
Architecture
A1.300 7 Section – 01 prepared by Myers Architecture 26.02.2026
A1.301 7 Section – 02 prepared by Myers Architecture 26.02.2026
A1.302 6 Section – 03 prepared by Myers Architecture 26.02.2026
A1.303 6 Section – 04 prepared by Myers Architecture 26.02.2026
Building Height
4. The maximum height of the development must not exceed 8.0 metres above the finished
ground level and the natural ground surface. Except for the northern and eastern edges of
the upper roof which must not exceed 8.6 metres above the finished ground level and the
natural ground surface, as shown on the approved plans.
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (QLD)
which certifies that the building does not exceed the maximum height requirement of this
Decision Notice.
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Car Parking
6. A minimum of 2 car parking spaces must be provided on site and made available and
accessible at all times for residents.
Environment
7. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, stormwater drain or adjacent properties.
Landscaping Works
8. A minimum of 20% of the site must be retained as soft landscaping.
9. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
10. All vegetation shown on reference Demolition Plan A0.106 Revision 7 is to be retained,
except were an arborist report demonstrates removal is essential for site works that cannot
be relocated or modified to accommodate the vegetation. Trees to be retained must be
protected from clearing or construction activities by:
(a) clearly marking vegetation to be retained with flagging tape
(b) installing protective fencing around the drip line of the vegetation
(c) restricting stockpiling, storage and vehicle parking to those areas which are already
cleared
(d) using low impact construction techniques around vegetation.
11. All container planting areas on the terraces must be planted and maintained at all times, with
replacement planting undertaken promptly where plants fail or do not have a healthy and
vigorous growth.
12. All landscape works must be established and maintained 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.
ENGINEERING
Site Access and Driveways
13. A sealed access driveway must be provided from Bayview 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 located generally in accordance with the approved plans
b. a driveway crossover generally in accordance with Council’s Standard Drawings RS-
049 and RS-050 and any associated addendum
Stormwater Drainage
14. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. Stormwater runoff from the development must be disposed of either on-site or
discharged to Bayview Road. Stormwater runoff must be disposed of and or discharged
without causing scour or damage to the subject site or any adjoining property.
Geotechnical Stability
15. All works must be carried out in accordance with the recommendations of a site specific
Geotechnical Report prepared by a qualified person* and endorsed through a building
approval.
*(Refer to Advisory Note)
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16. At the completion of the development works certification must be submitted to Council from
a qualified person* which certifies that the development has been constructed in accordance
with the recommendations contained in the site specific Geotechnical Report and that the
development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
17. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
18. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
5. REFERENCE DOCUMENTS
Doc No. Rev. Document Name Date
- S24- Stormwater Management Report prepared by Westera 17 April 2025
198 Partners Pty Ltd
- PG- Preliminary Geotechnical Investigation and Slope Stability December
12709 Assessment prepared by Pacific Geotech Consulting 2024
Geotechnical Engineers
A0.106 7 Demolition Site Plan prepared by Myers Architecture 26.02.2026
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
General Advisory Notes
1. Council has undertaken an audit check of the drawings in relations to the proposed works. A
detailed check of the calculations and drawings has not been undertaken. The RPEQ bears
full responsibility for all aspects of the engineering design. Council reserves the right to
require further amendments and/or additions at a later date should design errors become
apparent.
2. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
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Infrastructure Charges
3. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to: https://www.noosa.qld.gov.au/Planning-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
Fires in Urban Areas
4. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Equitable Access and Facilities
5. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards
ENGINEERING
Qualified Person
6. 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
7. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
(a) expected vehicle movements and the types of vehicle;
(b) appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
(c) provision for safe pedestrian and vehicle access across the frontage of the site both
during daily construction and after daily construction has ceased.
Private Infrastructure
8. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority
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Road Reserve Permit
9. This development permit provides the applicant with written authority to undertake the
development in accordance with the conditions. Any additional activities that are undertaken
inside Council’s road reserve for the purpose of acting on this development permit may
require a Road Reserve Permit. These additional activities may include, but are not limited
to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
Permit, or for more information, Contact Council’s Road Reserve Officer at
[email protected] Act 2014 – Fire Ant Control
10. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on Fire ant material movement advice tool | National Fire Ant Eradication Program
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Driveway access
Development Permit for Building Works All building work
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Andrew Gaffney
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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