Council archive · source document
Minor Change Existing Approval - 132002 220222 1 (As Published) · 132002.220222.1
Officer: Tess Henare
Direct Telephone: 07 5239 6245
Our Reference: 132002.220222.1
Your Reference: 2026-94
23 September 2026
DA McKenzie & LJ McKenzie & HM Maddern
C/- Danya Cook Town Planning
PO Box 9410
PACIFIC PARADISE QLD 4564
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 21 July 2026, requesting a minor change to an existing
development approval. Council on 18 September 2026 decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132002.220222.1
Street address: Molinara 1 & 2/35 Katharina St Noosa Heads Qld 4567
Real property description: Lot 1 & 2 SP 167222
Planning Scheme: Noosa Plan 2020 (amendment 3 – 20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 7 November 2002.
• Development Permit for Material Change of Use of Premises – Duplex Dwelling x 3
• Development Permit for Operational Works – Landscaping, Car Parking, Access, Site Civil
Works, Stormwater Drainage, Frontage Works, Site Filling
In relation to the request to make a minor change to the existing approval, Council on 18 September
2026, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 1.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 9
Document Set ID: 25189544
Version: 6, Version Date: 23/09/2026
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 8 pages
Page 2
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
Land Use
1. 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
Original Approval: Material Change of Use of Premises (Duplex Dwelling x 3) – 22783 DA
871-SW-1 - Proposed Storm Water Drainage 13-9-02
prepared by Construction Hydraulics
Building Service Engineers
0239 SK 01 B - Site Plan prepared by Greg Gibbs -
Architects
0236 SK 01 A1 - Site Plan prepared by Greg Gibbs -
Architects
0239 SK 01 A2 - Site Plan prepared by Greg Gibbs -
Architects
0240 SK 01 A2 - Site Plan prepared by Greg Gibbs -
Architects
0239 SK 02 A1 - Level 1 Plan prepared by Greg Gibbs -
Architects
0240 SK 02 A2 - Level 1 Plan prepared by Greg Gibbs -
Architects
0236 SK 02 - Level 1 Plan prepared by Greg Gibbs -
Architects
0236 SK 03 A1 - Level 2 Plan prepared by Greg Gibbs -
Architects
0240 SK 03 A3 - Level 2 Plan prepared by Greg Gibbs -
Architects
0240 SK 04 C - Elevations prepared by Greg Gibbs -
Architects
0239 SK 04 BB - Elevations prepared by Greg Gibbs -
Architects
0236 SK 04 C - Elevations prepared by Greg Gibbs -
Architects
Page 2 of 9
Document Set ID: 25189544
Version: 6, Version Date: 23/09/2026
Page 3
Additional Approved Plans – 132002.220222.1
Sheet 1 of 6 HM-2026-D Site Plan prepared by Mandy’s Design 31 August 2026
+ Drafting
Sheet 2 of 6 HM-2026-D Existing Floor prepared by Mandy’s 31 August 2026
Design + Drafting
Sheet 3 of 6 HM-2026-D Existing Elevations prepared by 31 August 2026
Mandy’s Design + Drafting
Sheet 4 of 6 HM-2026-D Existing Elevations Two prepared by 31 August 2026
Mandy’s Design + Drafting
Sheet 5 of 6 HM-2026-D Proposed Floor Plan prepared by 31 August 2026
Mandy’s Design + Drafting
Sheet 6 of 6 HM-2026-D Proposed Elevations prepared by 31 August 2026
Mandy’s Design + Drafting
2. Colourbond custom orb roofing, window hoods and timber features are commensurate with
the Noosa Heads/Noosaville character and are to be incorporated across all three duplex
dwellings.
3. The duplex dwellings are not to exceed 8 metres above both natural and finished ground
levels.
4. The access gates are not to be solid in form, but are to be constructed utilising transparent
materials.
5. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
6. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to
be completed prior to the premises being occupied and maintained at all times thereafter and
is to include the establishment of dense vegetation within the front 2 metre setback of the
road frontage property boundary for the length of the development.
7. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use. The landscape
plans referred to above are to denote areas of existing vegetation or existing trees proposed
to be retained.
8. Security in the form of a cash bond or trading bank guarantee to the sum of $30000 must be
submitted, 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.
9. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
Page 3 of 9
Document Set ID: 25189544
Version: 6, Version Date: 23/09/2026
Page 4
10. This Development Permit for a material change of use of premises lapses if:-
10.1. the use or erection of a building or other structure associated with the use, has not
been commenced by 7 November 2006, unless application is made and approved by
Council for an extension; or
10.2. the use of any premises pursuant to the Development Permit ceases.
11. The developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for building works.
Land Development
Vehicle Access
12. A 5.5 metre wide vehicular access driveway shall be constructed from Katharina Street. This
driveway shall extend for a distance of 6 metres measured from the kerb & channel into the
property, where it shall then taper to the proposed driveway width of 3.5 metres.
The driveway shall be designed and constructed to Council’s design standards and to grades
that prevent vehicles from scraping and/or bottoming. Should any driveways be constructed
to grades that do not comply with AS2890.1-1993, Council will require that the driveway be
removed and reconstructed to levels that do comply.
13. All vehicles shall enter and leave the site in a forward direction.
Vehicle Access Easement
14. Vehicle access easements shall be created over the proposed driveway. To this end, the
easements shall:-
14.1. Burden Lot 125 on RP 92518 and Benefit Lots 124 & 126 on RP 92518, and
14.2. Burden Lot 126 on RP 92518 and Benefit Lots 124 & 125 on RP 92518.
In this regard a duly executed copy of the access easements shall be submitted to Council
for perusal prior to obtaining a Development Permit for Operational Works.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the access easement documents will be lodged
at the Land Titles Office and any additional Titles Office forms or requisitions requiring the
consent of Council will be attended to promptly.
Any changes required by Council’s Solicitor must be corrected immediately.
Carparking
15. Carparking shall be provided within the site as shown on the approved plans (drawing
numbers; 0236-SK-02, undated; 0239-SK-02-A, dated April 2002; and 0240-SK02-A dated
April 2002; all by Greg Gibbs Architects), except as modified herein.
16. The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for
user class 1, and the minimum head clearance (headroom) at any point shall be 2.2 metres.
Frontage Works
17. A new 1.2 metre wide concrete path shall be constructed along the frontage of the site in
accordance with Council’s design standards. Care shall be taken to protect any significant
vegetation or any underground services.
18. The path shall be designed and constructed to ensure pedestrian safety using non-slip
materials and to produce an evenly graded surface finish.
19. All redundant vehicular crossings to the site shall be removed and replaced by kerb &
channel and footpath paving in accordance with Council’s Standard specifications prior to
commencement of the use permitted by this permit.
Page 4 of 9
Document Set ID: 25189544
Version: 6, Version Date: 23/09/2026
Page 5
20. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
frontage of the site in accordance with Planning Scheme Policy PSP1 Landscaping
Guidelines. Grass shall be couch, free of weeds.
Stormwater Drainage
21. Stormwater drainage shall be collected on site and discharged generally in accordance with:-
21.1. Drawing number 871-SW-1, dated 13/09/02, by Construction Hydraulic Building
Services Engineers, and
21.2. The two single page reports headed Calculation of Stormwater Runoff and Rainfall
Absorption Pit Design, both prepared by Construction Hydraulic Building Services
Engineers (Job No 871).
Detailed plans however shall be prepared by a Registered Professional Civil Engineer and
submitted to Council prior to obtaining a Development Permit for Operational Works.
22. The maximum discharge of stormwater drainage allowable to Council’s street drainage
system at any one location is 25 litres/second.
23. All site stormwater drainage shall be by means of a gravity system.
24. Registered easements shall be created over the stormwater pipe proposed to run along the
northern boundary of the site, as this pipe benefits and burdens the individual lots.
The easements shall generally be parallel to and centred over the pipe and be at least 1.5
metres wide.
In this regard a duly executed copy of the easement shall be submitted to Council for perusal
prior to obtaining a Development Permit for Operational Works.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the
Land Titles Office and any additional Titles Office forms or requisitions requiring the consent
of Council will be attended to promptly.
Any changes required by Council’s Solicitor must be corrected immediately.
Sewer Mains
25. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
26. A registered easement shall be created over the existing sewer main that runs along the rear
boundary of the site. The easements shall generally be parallel to and centred over the
sewer main and be equivalent in width to twice the depth to invert level of the sewer at the
deepest point within the allotment (measured from the finished surface) and be no less than
3.0 metres wide.
In this regard a duly executed copy of the easement shall be submitted to Council for perusal
prior to obtaining a Development Permit for Operational Works.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the
Land Titles Office and any additional Titles Office forms or requisitions requiring the consent
of Council will be attended to promptly.
Any changes required by Council’s Solicitor must be corrected immediately.
27. No building or other structure shall be constructed or encroach over an easement. Any
building or structure within proximity of an easement or any other public utility’s underground
must have its foundations designed so that no surcharge loads are imposed upon such
underground infrastructure. Foundations must be taken down a minimum of 1 metre below
a line of influence measured 1 metre in the direction of the foundation from the centreline of
the closest underground service and along the natural angle of repose of the foundation soil
type(s).
Page 5 of 9
Document Set ID: 25189544
Version: 6, Version Date: 23/09/2026
Page 6
Plans, and supportive documents, detailing these proposed foundations shall be designed
by a registered practicing Geotechnical Engineer and submitted with the application for a
Development Permit for Operational Works.
Town Water Supply
28. The site shall be connected to Council’s existing town water supply and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
29. Each water connection to the water reticulation system shall extend to the property boundary
and be metered. Where multiple units are served by a single service, multiple water meters
to each individual unit shall be installed. All fees for the supply of water meters shall be paid
to the Council.
Earthworks
30. Any earthworks required on site shall be carried out in a manner that does not affect any of
the neighbouring properties. To this end, earthworks shall be in accordance with Section 3.8
of Council’s Engineering Design Standards Manual and carried out so as not to cause the
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses.
Erosion and Sediment Control
31. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required
to be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
Headworks
32. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28
and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks
Contributions respectively and at the rates applicable at the time of payment. An estimate
only of the contribution rates as of March 2002 under the current policies is as follows:
Water Supply $ 4,497
Sewerage $ 3,228
TOTAL $ 7,725
All headworks contributions must be paid prior to the issue of a Development Permit for
Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
headworks contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or
is cancelled, the contribution or trading bank guarantee will be returned.
General
33. Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
34. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
Page 6 of 9
Document Set ID: 25189544
Version: 6, Version Date: 23/09/2026
Page 7
35. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to
or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
Environmental Health
36. The developer must provide a suitably screened imperviously paved area large enough for
all refuse and recycling containers.
37. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting, dust or odour nuisance or any other emissions in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such
offences.
38. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or
located in a manner which prevents a noise nuisance beyond the subject land in accordance
with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot
fines apply for such offences.
39. Air conditioning units shall be located in a manner which prevents noise nuisance beyond
the subject land in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances. On the spot fines
apply for such offences.
An occupier of premises where there is air-conditioning equipment must not use or allow the
use of the equipment -
(a) Before 7am or after 10pm on any day if it makes noise or causes noise to be made of
more than the higher of the following -
(i) 40 dB(A);
(ii) 3 dB(A) above the background noise level
(b) From 7am to 7pm on any day if it makes noise or causes noise to be made of more than
the lower of either of the following:
(iii) 50 dB(A);
(iv) 5 dB(A) above the background noise level
(c) From 7pm to 10pm on any day if it makes noise or causes noise to be made of more than
3 dB(A) above the background noise levels.
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:
Infrastructure Charges
1. 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
Page 7 of 9
Document Set ID: 25189544
Version: 6, Version Date: 23/09/2026
Page 8
2. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of
disabled access and the provision of disabled facilities, and that access to this building and
the provision of sanitary facilities may need to comply with the requirements of Section D
Part D3 and Section F Clause F2.4 of the Building Code of Australia.
3. The Environmental Protection Regulation 1998 and Local Law No.12 prevents a builder or
building contractor carrying out building work on a building site in a way that makes or causes
audible noise to be made from the building work on:-
(a) Monday to Saturday, before 7:00am or after 6:30pm
(b) Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under this legislation.
4. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed
where it could reasonably be expected to move into a roadside gutter, stormwater drain or a
water course. On the spot fines apply for such offences.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
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 online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Tess Henare
Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 7 November 2002.
• Decision Notice – Minor – 18 September 2026, with an amendment to condition 1.
Page 8 of 9
Document Set ID: 25189544
Version: 6, Version Date: 23/09/2026
Page 9
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 9 of 9
Document Set ID: 25189544
Version: 6, Version Date: 23/09/2026
Used in these records
Minor Change Existing Approval - 132002 220222 1 (As Published).pdfRelated documentApplication case desk ↗
About this file
- File size
- 167 KB (small file)
- File type
No other editions are linked here.