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Negotiated Decision Notice DBW25 0051 & OPW25 0054 · OPW25/0054

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                                                                                Officer:          Andrew Gaffney
                                                                                Direct Telephone: 07 53296284
                                                                                Our Reference:    DBW25/0051
                                                                                                  OPW25/0054
                                                                                                  RAP25/0026
                                                                                Your Reference:   0749

               29 August 2025


               Mr A Coulthard
               C/- Pivotal Perspective Pty Ltd
               3/93 Hilton Tce
               TEWANTIN QLD 4565


               [email protected]



               Dear Sir/Madam,
                                              Negotiated Decision Notice
                                                      Planning Act 2016

               I refer to your application and the representations you made in respect to the decision notice. On
               29 August 2025, Council decided your representations. This negotiated decision notice replaces
               the decision notice of 3 July 2025.
               Details of the negotiated decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:           DBW25/0051 & OPW25/0054

                   Street address:           12 Landrail St Peregian Beach Qld 4573

                   Real property description: Lot 903 P 93121

                   Planning Scheme:          Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council on 3 July 2025, decided to issue the following type of approval:
               •       Building Work Assessable Against the Planning Scheme - Dwelling House
               •       Development Permit for Operational Works – Vehicle Crossovers
               In relation to representations, Council on 29 August 2025 decided to:
                       Agree to amend condition 3 of DBW25/0051.
                       Include additional Conditions 28 and 29 for DBW25/0051
               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

                    DEVELOPMENT PERMIT FOR BUILDING WORK ASSESSABLE AGAINST THE
                           PLANNING SCHEME - DWELLING HOUSE (DBW25/0051)
                      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.
                      Currency Period
               2.     This development approval lapses if the works have not substantially started by 3 July 2027,
                      unless an application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                        Plan No.       Rev.    Plan/Document Name                                  Date

                        4/15           A       Floor Plan – Ground, prepared by Reitsma            29/07/2025
                                               Annotated by Council

                        5/15           A       Floor Plan – First, prepared by Reitsma             29/07/2025

                        6/15           A       Roof Plan, prepared by Reitsma                      29/07/2025

                        11/15          A       Elevations 1+2, prepared by Reitsma                 29/07/2025

                        12/15          A       Elevations 3+4, prepared by Reitsma                 29/07/2025
                                               Annotated by Council

                      Building Height
               4.     The maximum height of the development must not exceed 8.0 metres above the ground
                      level.
               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.
                      External Colours & Finishes
               6.     External colours and finishes must be of muted environmental tones that blend with the
                      surrounding vegetation and landscape, with broad expanses of a single colour or reflective
                      surfaces not permitted.
                      Car Parking
               7.     A minimum of 2 car parking spaces must be provided on site and made available and
                      accessible at all times for residents.
                      Environment
               8.     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
               9.     A minimum of 20% of the site must be retained as soft landscaping.




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                      Site Access and Driveways
               10.    A sealed access driveway must be provided from Landrail Street to the parking and
                      manoeuvring areas of the development. The works must be generally in accordance with the
                      approved plan.
               11.    The proposed access driveway to Oriole Avenue must be construction in accordance with
                      an Operational Works approval and be generally in accordance with the approved plan and
                      Council’s Standard drawings RS-049 and RS-050 and any associated addendum.
                      Stormwater Drainage
               12.    The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge.
                      Condition 12 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
                      infrastructure.
                      Earthworks
               13.    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.
               14.    Where the development involves excavation or filling over, or adjacent to, drainage, water
                      supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
                      provide a freeboard of 100mm above the finished ground surface level.
                      Damage to Services and Assets
               15.    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.
               DEMOLITION WORKS - CODES OF DEVELOPMENT
               16.    Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
                      solutions as contained in the Waste Management Code and Water Quality and Drainage
                      Code of the Noosa Plan 2020.
                      Works
               17.    Demolition must be undertaken in a manner that causes no detrimental effect upon the
                      amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
                      hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
                      in accordance with the nuisance provisions of the Environmental Protection Act 1994.
                      Waste Management
               18.    Adequate area must be provided on-site for the collection and separate storage of recyclable,
                      non-recyclable, vegetative and hazardous materials in their specific waste streams during
                      removal or demolition works.
               19.    All waste materials must be removed from the site to avoid causing unhealthy conditions,
                      with the site left clean, tidy and free from any debris.




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               20.    Where a development permit has not been issued for the future use of the site, hard surfaced
                      areas including concrete slabs must be removed and disturbed areas must be revegetated
                      in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
                      be turfed within 20 business days of completing the removal or demolition work. Health and
                      Safety
               21.    All building materials containing asbestos, including asbestos cement sheeting or roofing and
                      lagging, are removed from the building prior to demolition or relocation.
               22.    Removal of building materials containing asbestos must be undertaken by a licensed
                      asbestos removalist.
               23.    Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
                      requires a licensed asbestos removalist to give notice to Workplace Health and Safety
                      Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
                      commences. Notification must be made using Form 65: Notification of licensed asbestos
                      removal work, demolition work or emergency demolition.
               24.    All building materials containing asbestos products are wrapped and disposed of in
                      accordance with the Public Health Regulation 2006 and the Environmental Protection
                      Regulation 2008. Note: Asbestos is a Regulated Waste. The Department of Environment &
                      Science licenses businesses that transport asbestos waste, and landfills that accept this
                      waste.
                      General
               25.    Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
                      protected from damage and made safe to the standard required by the regulatory authority.
               26.    Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
                      bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
                      pre-existing conditions.
                      Plumbing and Drainage
               27.    It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
                      demolition of a building, the existing sanitary drain upstream from the connection point for a
                      service provider’s sewerage system must be sealed water tight. This work is deemed as
                      notifiable Work and must be carried out by a suitably licenced plumber who must submit an
                      As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
                      Construction Commission) within 10 days of completing the work.
               28.    Landscape screening is to be included along the northern side boundary as shown on Plan
                      no. 4/15 Floor Plan – Ground, prepared by Reitsma dated 29 July 2025 to soften and screen
                      the presentation of the “outdoor dining” area and dwelling. The northern landscape bed is to
                      be a minimum of 0.5 metre wide and 4.0 metres long to allow for screening planting. This
                      area and the planter to the west of the outdoor dining space is to include Syzygium australe
                      and Callistemon viminalis 'slim'.
                      The landscaped area adjacent to the Oriole Avenue frontage is to include Banksia integrifolia.
                      Screening planting is to be sufficient to enable visual screening of the Outdoor Dining room
                      when viewed from the street. The plants are to be maintained for the life of the use at the
                      site.
               29.    As shown on approved Plan no 12/15 - Elevations 3+4, prepared by Reitsma dated 29 July
                      2025 the height of the “outdoor dining” gazebo and supporting posts and joists must be
                      reduced in height by 0.5 metre to a maximum of RL9.5.




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                DEVELOPMENT PERMIT FOR OPERATIONAL WORKS – VEHICLE CROSSOVERS
                                         (OPW25/0054)
                      Approved Plans
               1.     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

                        4868 Sheet 2/14       A        Site Plan Proposed prepared by Reitsma      19 May 2025
                                                       (Annotated by Council)

                      Currency Period
               2.     The Currency Period for this development approval lapses if the development has not
                      substantially started by 3 July 2027, unless an application to extend the currency period is
                      approved by Council.
                      Site Specific Conditions
               3.     The driveway in the Landrail Street frontage must be setback a minimum of 6 metres from
                      the end of the existing kerb at the intersection of Landrail Street with Oriole Avenue.
               4.     The works must include kerb and channel in Landrail Street extending between the proposed
                      driveway and the existing kerb and channel at the intersection with Oriole Avenue.
               5.     A site control and/or compliance bond of $2000 is to be submitted to Council prior to the pre-
                      start meeting. The pre-start meeting will only be held once Council's Construction
                      Engineering Officer has confirmation that the bond monies have been received by Council.
                      The bond will be refunded less any costs incurred by Council in ensuring compliance with
                      these conditions or any additional inspections incurred for substandard work or work
                      undertaken not in accordance with this permit.
               PRIOR TO COMMENCEMENT OF WORKS
                      Engineering
               6.     All necessary approvals from external service providers (eg Unitywater) and external parties
                      on which the development works are proposed have been obtained and a copy supplied to
                      Council.
               7.     A condition report including photographs of the frontages of the site to Landrail Street and
                      Oriole Avenue must be completed and submitted to Council at the prestart meeting / prior to
                      any works commencing.
               8.     Certificates demonstrating currency of public liability insurance and works insurance covering
                      the works must be submitted to Council prior to the prestart meeting.
               9.     Council must be contacted at least 5 working days prior to any works commencing to
                      organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
                      pre-start meeting must include the relevant parties for the following aspects of the works:
                      a.      Civil engineering works;
                      b.      Erosion and sediment control works;
                      c.      Other relevant parties
               10.    A Construction Management Plan must be submitted to Council at least 5 working days prior
                      to any works commencing. The Construction Management Plan must address the following:
                      a.      appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                              Devices (MUTCD)



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                      b.      provision for safe pedestrian and vehicle access across the frontage of the site both
                              during daily construction and after daily construction has ceased.
               11.    Any changes to the details associated with the Principal Contractor during construction, must
                      be notified to council in writing within five business days of the change occurring.
               12.    Any conflict between the development and an existing or proposed service must be referred
                      to the relevant service authority for determination prior to commencement of works.
               DURING CONSTRUCTION
                      Engineering
               13.    The developer must meet any costs to repair damage to any Council asset during
                      construction, where damage is a result of the development works. Damage to assets must
                      be repaired immediately where it creates a hazard to the community. In circumstances where
                      the damage does not create a hazard to the community, it must be repaired immediately on
                      completion of the works associated with the development.
               14.    All works must be constructed and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice
                      b.      All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines
                      c.      The latest version of the Healthy Waterways document “Water Sensitive Urban Design
                              Technical Design Guidelines for South East Queensland” for all water quality devices
                              to be constructed on site
                      Pavement Design and Construction
               15.    Pavement design for privately owned works must be undertaken in accordance with the
                      relevant standards. Structural integrity of the driveway and car park areas will remain the
                      responsibility of the property owner/developer.
                      Works within Road Reserve/Reinstatement
               16.    Safe pedestrian and vehicle access on all streets in the vicinity of the development must be
                      maintained at all times. Should footpath/road closures be necessary to carry out construction
                      works, Council’s Engineering Officer must be notified prior to the proposed closure and all
                      requirements complied with.
               17.    All frontage works must match neatly with existing road and verge/footpath features.
                      Additional works beyond the frontage may be required to provide an acceptable transition to
                      existing road and verge/footpath profiles.
               18.    Electrical conduits or other services proposed to be installed within existing and proposed
                      road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
                      driveways or significant vegetation must be installed by boring. Trenching is not permitted,
                      unless specifically approved by Council.
                      Driveways
               19.    Driveway crossovers must be constructed generally in accordance with Council’s Standard
                      Drawings RS-049 and RS-050 and any associated addendum.
               20.    Any existing unnecessary or redundant property accesses must be removed, and the kerb,
                      footpath and verge area reinstated to match the existing footpath and/or verge treatments.
                      Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
                      or turf, and must be maintained by the developer until established.
               21.    The following must be complied with during the construction of the required
                      crossover/driveway:
                      a.      The driveway surfacing must consist of either an approved hot mixed asphaltic
                              concrete or patterned/plain concrete.



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                      b.      The driveway must be constructed so as not to concentrate stormwater runoff onto
                              neighbouring properties or pond stormwater in the road reserve
                      Erosion and Sediment Control
               22.    Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
                      Regulation 2019) must not be released from the site or to waters within the site, or be likely
                      to be released should rainfall occur, unless all reasonable and practicable measures are
                      taken to prevent or minimise the release and concentration of contamination.
               23.    Sediment and erosion control measures must be in place prior to works commencing. If such
                      measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
                      fines can be issued if sediments from the site are found to enter or have the potential to enter
                      Council’s stormwater system, natural waterways, any downstream stormwater filtration
                      system or adversely impacting on other properties. It is the site's Principal Contractor who is
                      responsible for ensuring that the sediment and erosion control measures have:
                      a.      Been installed in accordance with "best practise" methods,
                      b.      Been revised by issues raised by changes in the projected construction schedule
                              and/or methods,
                      c.      Been revised to address predicted rainfall events, and
                      d.      Achieve the desired environmental outcomes.
                      Council may request further controls to be installed should the implemented measures be
                      found inefficient.
               24.    The erosion and sediment control measures must be designed, installed and maintained in
                      accordance the current best practice standards * (Refer to Advisory Note).
               25.    The developer must ensure non-essential exposure of soil is prevented by restricting the
                      extent of disturbance and minimising the duration of soil exposure to adverse weather
                      conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
                      to rainfall occurring.
               26.    The developer must ensure sediment does not leave the site or enter onto adjoining
                      properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
                      machinery. It is essential to implement appropriate approved erosion and sediment control
                      measures throughout the site during all phases of construction including vehicle shakedown
                      pad/grid (or similar) at the access to the construction site. Where sediments or other
                      contaminants are deposited on a road, they must be removed so as not to enter Council’s
                      drainage system or waterways.
               27.    Prior to the completion of the development and commencement of use, all site surfaces must
                      be effectively stabilised using methods which have achieved effective short-term stabilisation
                      and which will continue to achieve effective stabilisation in the medium to long-term. For the
                      purpose of this condition, an effectively stabilised surface is defined as one that does not, or
                      is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or
                      lead to sedimentation, or lead to water contamination.
                      Damage to Services and Assets
               28.    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.




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               FOLLOWING CONSTRUCTION / PRIOR TO THE COMMENCEMENT OF THE USE
                      Bonds
               29.    Bonds must:
                      a.      meet the requirements of Council’s relevant Planning Scheme Policy for performance
                              and uncompleted works.
                      b.      be calculated using a schedule of works and relevant bond equation.
                      c.      Include GST
                      d.      have approval of the bond calculations and amount from Council prior to lodgement
                      e.      be lodged with Council and accompanied by the Bond Administration Fee/s.
                      f.      be requested for release by writing to Council, when relevant approval requirements
                              have been met.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Aboriginal Cultural Heritage Act 2003
               1.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
                      approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
                      The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
                      carries out an activity must take all reasonable and practicable measures to ensure the
                      activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
                      duty of care. Substantial monetary penalties may apply to individuals or corporations
                      breaching this duty of care. Injunctions may also be issued by the Land and Resources
                      Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
                      that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
                      of Aboriginal cultural heritage.
                      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.
                      Performance Bond
               3.     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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                      Submission of Amended Plans Required
               4.     The conditions of this Decision Notice require resubmission of plans to Council with
                      amendments. Please address the amended plan/s to Council’s Development Assessment
                      Branch with the Reference No. DBW25/0051, OPW25/0054, RAP25/0026. To avoid delays
                      and assessment issues with the Operational Works application, it is recommended the plan/s
                      be resubmitted prior to lodgement of any Operational Works application. However, should
                      the plans not be submitted, the applicant is advised that a Preliminary Approval may be
                      issued in lieu of a Development Permit.
                      Building and Construction Industry (Portable Long Service Leave) Levy
               5.     The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Private Infrastructure
               6.     All private infrastructure for the development must be designed to meet the planning scheme
                      requirements unless otherwise agreed by the relevant authority
                      Road Reserve Permit
               7.     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
               8.     Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
                      individuals and businesses are responsible for ensuring that they follow the movement
                      controls for specific organic materials to help prevent the spread of fire ants within South
                      East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
                      ant biosecurity zone may need a biosecurity instrument permit. More information is available
                      on https://www.fireants.org.au/treat/business-andindustry/movement-controls
                      General Advisory Notes
               9.     As this driveway is a private structure, the owner bears full responsibly for the standard of its
                      construction, maintenance and any liabilities associated with its construction. It is
                      recommended that professional advice be sought for the construction of the driveway to
                      ensure that the driveway is constructed in accordance with standard drawings RS-049, RS-
                      050 and RS-056 (a copy is attached).
               10.    Council reserves the right to call up any performance bond held or levy charges against the
                      property, should emergency works be required to be undertaken by Council to make the site
                      safe due to inactivity on the development site for extended periods of time.
               11.    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.
                      Prestart, On and Off Maintenance Inspections Request
               12.    Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days notice of preferred inspection time.
               13.    If Council officers are required to undertake additional inspections of the same works, a
                      reinspection fee will be applicable in accordance with Council’s Fees and Charges register
                      applicable at the time.



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                      Environmental Advisory Notes
               14.    The Environmental Protection Act 1994 states that a person must not carry out any activity
                      that causes, or is likely to cause, environmental harm unless the person takes all reasonable
                      and practicable measures to prevent or minimise the harm. Environmental harm includes
                      environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
                      construction and landscaping phases of this development are to adhere to their ‘general
                      environmental duty’ to minimise the risk of causing environmental harm.
                      Erosion and Sediment Control
               15.    Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control.
               16.    As a general rule, a site is determined to have achieved effective short-term stabilisation if
                      at the time of the final inspection:
                      a.      Methods of stabilisation are:
                              •    appropriate for slopes and slope lengths; and
                              •    are consistent with best practice environmental management practices such as in
                                   the Manual for Erosion and Sediment Control or the IECA Manual; and
                      b.      Stormwater runoff from the site is not currently, and is not likely to result in visible
                              evidence of sedimentation or erosion, or lead to water contamination.
                      Road Reserve Permit
               17.    This development permit provides the applicant with written authority to undertake the
                      prescribed works. 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] in Urban Areas
               18.    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
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required                Subject of the required Development Permit

                Development Permit for Building Works              All building work

               11.    SUBMISSIONS

               Not applicable.
               12.    RIGHTS OF APPEAL

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



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               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

               Enc:      Appeal Rights
                         Approved Plans/Documents
                         Notice about Decision - Statement of Reasons




               DECISION NOTICE HISTORY
               •     Original Decision Notice – 3 July 2025.
               •     Negotiated Decision Notice – 29 August 2025 with an amendment to conditions 3 and additional conditions 28 & 29.




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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.




                                                                                                                                                 Page 12 of 12
Document Set ID: 24087418
Version: 4, Version Date: 29/08/2025

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