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Apdx 3 - Show Cause Notice
Officer: Jamie Gordon
Direct Telephone: 07 53296151
Our Reference: COM25/0352
Email: [email protected]
7 November 2025
Trillium Apperceived P/L TTE
64 Main St Kin Kin,
QLD 4571
Dear David
Show Cause Notice
Planning Act 2016
Council has previously written to you and communicated verbally with you concerning earthworks at 64
Main Street, Kin Kin (the site). The earthworks have been undertaken without a development approval.
I have formed the opinion that the earthworks require a Development Approval as they do not comply
with the Acceptable Outcomes of the Earthworks Code and the Water Quality and Drainage Code of
the Noosa Plan 2020.
The earthworks have continued despite a Stop Work notice being on the 4 November 2025.
Council proposes to issue an Enforcement Notice to you under the Act for the reasons outlined in
Section 3 of this Show Cause Notice, unless sufficient cause is shown by the time stated in Section 4
of this Show Cause Notice, as to why that action should not be taken.
1. THIS SHOW CAUSE NOTICE IS ISSUED TO
Name: David Ezrine
Address: 64 Main Street Kin Kin QLD 4571
2. CONCERNING PREMISES AT
Street Address: 64 Main Street KIN KIN QLD 4571
Real Property Description: Lot 2 SP 226603
Property No. 154158
Owner/s: Trillium Apperceived P/L TTE
3. REASONS FOR AN ENFORCEMENT NOTICE
Council recently received complaints relating to earthworks taking place at 64 Main Street, Kin Kin.
Council Officers attended the site on the 29 October 2025 at which time it was observed that earthworks
were being carried out.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Pursuant to Table 5.8.3 of the Noosa Plan 2020, on lots exceeding 5 hectares within the Rural Zone,
the excavation or filling of land for the purpose of constructing a dam is classified as Accepted
Development, subject to strict compliance with all Acceptable Outcomes of the Earthworks Code and
the Water Quality and Drainage Code.
In this instance, the works fail to comply with Acceptable Outcome AO12.1(b) of the Earthworks Code,
which stipulates that:
“Earthworks, including cut and fill batters and retaining walls, must be setback a minimum of 50 metres
from any property boundary.”
The works observed on site do not meet this requirement and therefore do not qualify as Accepted
Development. As such, the activity constitutes assessable development requiring a code assessable
Operational Works approval.
Accordingly, a Stop Work Notice was issued on Tuesday 4 November 2025.
Despite this directive, at a further inspection conducted on 6 November 2025 by Council officer’s it was
observed that the earthworks had continued in breach of the Stop Work Notice. Notably, on 6 November
2025, Council officers observed an excavator actively engaged in earthworks on the property.
This conduct constitutes a development offence under section 163 of the Planning Act 2016, namely
carrying out assessable development without a development permit. The continuation of works after
the issuance of a Stop Work Notice may also be considered a breach of lawful direction and a failure
to comply with enforcement action.
Accordingly, Council contends that you have committed and continue to commit an offence for which it
may prosecute you. You are invited to show cause why an Enforcement Notice should not be issued
under Section 168 of the Act. The maximum penalty for such offences is 4,500 penalty units.
If you do not show cause, Council through an Enforcement Notice, may require you to take action set
out in Section 168(2) of the Act, including (but not limited to):
1. Cease all works other than to undertake erosion and sediment control to stabilise the site.
2. Apply for a Development Approval
If you wish to avoid immediate prosecution, or service of an Enforcement Notice you MUST make
representations as detailed in Part 4 of this Notice within the specified time.
4. REPRESENTATIONS CONCERNING THIS SHOW CAUSE NOTICE
You may make representations to show cause why an Enforcement Notice should not be given.
These representations should be made in writing and signed by the person to whom this Show Cause
Notice is issued.
The representations must be made by 5 December 2025 and sent to:
Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
Attention: Jamie Gordon ([email protected])
Should you have any further queries in relation to the above, please contact me on the above number.
Yours Faithfully
Jamie Gordon
Development Compliance Officer
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