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