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Minor Change Existing Approval - MCU21 0158 02 (As Published)

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                                                                                      Officer:            Tiani Bird
                                                                                      Direct Telephone:   07 5329 6245
                                                                                      Our Reference:      MCU21/0158.02
                                                                                      Your Reference:     n/a

               14 July 2025


               Ashburton Pastoral Company P/L TTE
               C/- R Anderson
               PO Box 549
               TEWANTIN QLD 4565
               [email protected]



               Dear Sir/Madam,




                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 2 July 2025, requesting a minor change to an existing
               development approval. Council decided your requested changes.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              MCU21/0158.02

                   Street address:              53 Doonella St, Tewantin Qld 4565

                   Real property description:   Lot 4 T 16337

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 6 June 2022.
               •       Development Permit for Material Change of Use - Dual Occupancy
               In relation to the request to make a minor change to the existing approval, Council on 8 July 2025,
               decided to approve the requested changes. The changes are detailed below.
                     A.    Approve the change.
                     B.    Amend condition 2 and 8.
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.




               ABN 97.969.214.121                                                             PO Box 141
               noosa.qld.gov.au                                                        Tewantin QLD 4565
               [email protected]                                                        07 5329 6500
                                                                                                          Page 1 of 8
Document Set ID: 23927329
Version: 4, Version Date: 14/07/2025
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               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.
                      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

                        BA5302                 A      Site Plan/Roof Plan, prepared by Arco Eco    -

                        BA5303                 A      Proposed Lower Floor Plan, prepared by -
                                                      Arco Eco

                        BA5304                 A      Proposed Upper Floor Plan, prepared by -
                                                      Arco Eco

                        BA5305                 A      Elevations 1/2, prepared by Arco Eco         -

                        BA5306                 A      Elevations 2/2, prepared by Arco Eco         -

                        BA5307                 A      Section and Height, prepared by Arco Eco     -

               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed within this Decision Notice.
                      Currency Period
               4.     This development approval lapses if the use has not happened by 6 June 2028, unless an
                      application to extend the currency period is approved by Council.
                      Building Appearance
               5.     All air conditioning units or other mechanical equipment must be located at ground level, or
                      otherwise fully enclosed or screened such that they are not visible from the street frontages
                      nor adjoining properties.
               6.     All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
                      such as shutters, louvres, glass panelling or the like, except where required to satisfy any
                      privacy condition of this Decision Notice.
                      Materials and Finishes
               7.     Buildings and structures must use:
                      a.      natural finishes wherever possible;
                      b.      a mix of lightweight and textured external finishes;
                      c.      masonry construction where variation is provided in texture and the façade uses a
                              variety of finishes to break up the surface; and
                      d.      open or transparent balustrades.




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                      Fencing and Walls
               8.     Any street fencing must be set back an average of 50mm from the front property boundary.
                      Any fencing on the front boundary must either:
                      a.      not exceed a maximum height of 2m
                      b.      be of open construction.
               9.     The area of land between the fence and the front property boundary must be densely
                      landscaped to screen any fencing from the stree.t
                      Clothes Drying Areas
               10.    Each dwelling unit must be provided with access to an outdoor clothesline which is screened
                      from public view.
                      Building Height
               11.    The maximum height of the development must not exceed 8.7 meters (RL 10.07 AHD) above
                      the finished ground level and the natural ground level as detailed on Plan DA5307 Rev D.
               12.    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.
                      Performance Bond
               13.    Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
                      be submitted to Council, to secure performance of all conditions of this approval, prior to the
                      issue of a Development Permit for Operational Works. 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.
                      Landscaping Works
               14.    The development site must be landscaped. The works must be undertaken in accordance
                      with an Operational Works approval and the Noosa Plan 2020 in particular PSP2 -
                      Landscaping for that specific area and must include in particular:
                      14.1. the works shown on the Approved Plans;
                      14.2. landscape plantings along the rear boundary of the site
                      14.3. a 500mm landscaping buffer strip along side boundaries of the subject site adjacent to
                            the entrance deck and entry walkway in accordance with the approved plans and
                            conditions of approval for the duration of the use;
                              i. The buffer strip should include species that will provide an effective buffer for
                                 maintaining privacy of adjoining uses.
               15.    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.
               16.    All landscape works must be maintained generally in accordance with the approved design
                      for the life of the development.
                      Water & Sewer Connections
               17.    An underground connection to reticulated water and sewerage must be provided to the
                      ddevelopment site in accordance with the standards and requirements of Northern SEQ
                      Distributor–Retailer Authority (Unitywater).
               18.    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.



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                      Site Access and Driveways
               19.    A sealed access driveway must be provided from Doonella Street 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 any
                      improvements/modifications to the existing access driveway to achieve compliance with
                      Council’s Standard Drawings RS-049 and RS-050 and any associated addendum
                      Car Parking
               20.    A minimum of 4 car parking spaces must be provided on the site and made available and
                      accessible at all times. The works must be undertaken in accordance with an Operational
                      Works approval and must include in particular dimensions, crossfalls and gradients in
                      accordance with Australian Standard AS/NZS2890.1:2004 Parking Facilities
               21.    All vehicles must enter and exit the site in a forward gear. The access driveway must provide
                      sufficient area for vehicles to access the site and space in a forward gear, manoeuvre on site
                      and exit the site in a forward gear in a total of 3 movements.
                      Stormwater Drainage
               22.    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 be generally in accordance with:
                      a.      drawing number 20210038, issue B prepared by Recor dated 8 November 2021, and
                      b.      The Stormwater Management Report Project No: 20210038, version 2 prepared by
                              Recor dated 9 November 2021
                      This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
                      infrastructure.
               23.    Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property.
                      Services
               24.    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.
               25.    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
               26.    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.
               27.    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.
               28.    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
               29.    All earthworks 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.




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                      Damage to Services and Assets
               30.    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.
                      Stormwater Drainage
               31.    Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property.
                      Stormwater Quality
               32.    A stormwater quality treatment system must be provided for the development. The works
                      must be undertaken in accordance with an Operational Works approval and must include in
                      particular stormwater quality treatment devices of a size and location generally in accordance
                      with those shown in drawing Drawing Number C10, titled ‘Stormwater Drainage Plan’,
                      prepared by RECOR dated 08/11/2021.
               33.    All primary stormwater quality treatment devices must be routinely checked, serviced and
                      cleaned in accordance with the manufacturer’s recommendations. Records of all
                      maintenance activities undertaken must be kept and made available to Council upon request.
                      Flood Immunity
               34.    The minimum finished floor level of all buildings constructed on the site must be in
                      accordance with the Approved Plans.
                      Flood Resilience and Flood Storage
               35.    The building structures (apart from the carports) are to be provided as pole construction, with
                      the underside of the building set above the 1%AEP flood level at year 2100 (the DFE). The
                      building undercroft is to remain open and able to function to provide floodplain storage during
                      a flood event. All building components located below the DFE, such as the building piers and
                      stairs, are to be designed and constructed to be resilient to the effects of flood water and
                      minimise loss of floodplain storage. Fencing located below the DFE is to be designed to allow
                      the free passage of flood waters, with the design details provided with the development
                      application for Operational Works (Landscaping).
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     ADVISORY NOTES

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


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                      that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
                      of Aboriginal cultural heritage.
                      You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
                      Equitable Access and Facilities
               2.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.
                      Development Compliance Inspection
               3.     Prior to the commencement of the use, please contact Council's Development Assessment
                      Branch to arrange a Development Compliance Inspection.
                      Sustainability
               4.     In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building
                      design for residential and commercial development. Council encourages the use of
                      sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems
                      (including the use of inverter/charges), water saving devices and rainwater harvesting. For
                      further information go to http://www.noosa.qld.gov.au/sustainable-homes
                      Infrastructure Charges
               5.     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
                      Qualified Person
               6.     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.
                      Co-ordination of Operational Works Assessment
               7.     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.
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.




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               9.       FURTHER DEVELOPMENT PERMITS REQUIRED

                   Type of Development Permit Required                         Subject of the required Development Permit

                   Development Permit for Operational Works                    Stormwater,    Earthworks,   Landscaping     and
                                                                               Access

                   Development Permit for Building Works                       All building work.

               10.      SUBMISSIONS

               Not applicable.
               11.      RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               12.      OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available on line at
               www.noosa.qld.gov.au or at Council Offices.


               Yours faithfully,


               Tiani Bird
               Development Planner



               Enc:     Appeal Rights
                        Approved Plans/Documents


               DECISION NOTICE HISTORY
               •     Original Decision Notice – 6 June 2022.

               •     Decision Notice - Minor – MCU21/0158.02 – 8 July 2025, with an
                     amendment to conditions 2 & 8.




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Page 8

                                                                              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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