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SUPERSEDED Early Referral Agency Response - Planning RAP25 0026 (As Published)

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                                                                                    Officer:          Andrew Gaffney
                                                                                    Direct Telephone: 07 5329 6245
                                                                                    Our Reference:    RAP25/0026
                                                                                                      DBW25/0057
                                                                                                      OPW25/0054
                                                                                    Your Reference:   0749

                 10 July 2025


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



                 Dear Sir/Madam,
                                          Early Referral Agency Response
                                                      Planning Act 2016

                 I refer to your application and advise that Council, as a referral agency for the application,
                 completed its assessment of the application on 3 July 2025. You are advised that Council
                 requires conditions to be attached to any development approval. The conditions are listed
                 below.
                 1. APPLICATION DETAILS

                  Application No:               RAP25/0026

                  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. REFERRAL AGENCY RESPONSE
                 The applicant seeks an early Referral Agency Response for a Dwelling House (Setbacks)
                 3. TIME LIMIT FOR MAKING FURTHER APPLICATION

                 Not applicable
                 4. REFERRAL AGENCY CONDITIONS

                        When Conditions must be Complied With
                 1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with
                        prior to the use of the building commencing, and then compliance maintained at all times
                        while the use continues.




                 ABN 97.969.214.121                                                              PO Box 141
                 noosa.qld.gov.au                                                         Tewantin QLD 4565
                 [email protected]                                                         07 5329 6500
                                                                                                        Page 1 of 4
Document Set ID: 23877710
Version: 4, Version Date: 10/07/2025
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Page 2

                        Approved Plans
                 2.     Development authorised by this approval must be undertaken generally in accordance
                        with the Approved Plans listed in the tables below. The plans must be amended to
                        incorporate the amendments listed within the table below and resubmitted to Council
                        prior to the issue of any Development Permit for Building Works*

                          Plan No.           Rev.       Plan/Document Name                            Date

                          -                  -          -                                             -

                        The following plans require amendment.

                          Plan No.            Rev.      Plan/Document Name                            Date

                          3/14                A         Floor Plan – Ground, prepared by 25/06/2025
                                                        Reitsma

                          4/14                A         Floor Plan – First, prepared by Reitsma       25/06/2025

                          5/14                A         Roof Plan, prepared by Reitsma                25/06/2025

                          10/14               A         Elevations 1 & 2, prepared by Reitsma         25/06/2025

                          11/14               A         Roof Plan, prepared by Reitsma                25/06/2025

                          Amendments          Provide amended plans and:
                                                    -       Demonstrate the site achieves 20% of soft landscaping;
                                                    -       Reduce the extent of hardstand adjacent to the “refuse”
                                                            and remove “shower” adjacent to the Oriole Avenue
                                                            vehicle crossover. Increase the area of soft landscape to
                                                            these areas and to the northern side boundary to soften
                                                            and screen the presentation of the “outdoor dining” area
                                                            and dwelling;
                                                    -       Remove the extended blade wall beside the “refuse”
                                                            area;
                                                    -       Relocate the “pool heater and pump filter” outside of the
                                                            prescribed building setbacks and reinstate landscaping
                                                            within this area of the site;
                                                    -       Reduce the height of the “outdoor dining” gazebo to
                                                            2.2 metres.

                        *(Refer to Advisory Note)
                        Building Height
                 3.     The maximum height of the development must not exceed 8.0 metres above the ground
                        level.
                 4.     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.




                                                                                                              Page 2 of 4
Document Set ID: 23877710
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Page 3

                        Car Parking
                 5.     A minimum of two covered car parking spaces must be provided on site and made
                        available and accessible at all times for residents.
                        Landscaping Works
                 6.     A minimum of 20% of the site must be retained as soft landscaping.
                 7.     Existing vegetation in the road reserve must be retained, unless written authorisation
                        from Council is granted for the clearing.
                 8.     All landscape works must be established and maintained for the life of the development,
                        and in a manner that ensures healthy, sustained and vigorous plant growth. All plant
                        material must be allowed to grow to full form and be refurbished when its life expectancy
                        is reached.
                 5. REASONS FOR REFERRAL AGENCY’S DECISION

                 The proposal is subject to specific built form parameters outlined in Noosa Plan 2020 (25
                 September 2020).
                 6. REFERENCE DOCUMENT

                 Nil.
                 7. ADVISORY NOTES

                 The following notes are included for guidance and information purposes only and do not form
                 part of the referral agency 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.




                                                                                                            Page 3 of 4
Document Set ID: 23877710
Version: 4, Version Date: 10/07/2025

Page 4

                        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.
                        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.
                        Fires in Urban Areas
                 5.     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
                        Infrastructure Charges
                 6.     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.
                 8. REPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE

                 Not applicable.


                 Yours faithfully,




                 Andrew Gaffney
                 Senior Development Planner


                 Enc:   Approved Plans/Documents




                                                                                                         Page 4 of 4
Document Set ID: 23877710
Version: 4, Version Date: 10/07/2025

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