Council archive · source document
Delegated Report - Code - Planning MCU26 0012 (As Published) · MCU26/0012
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior town planner, Andrew Gaffney
Development Assessment
APPLICATION DETAILS
Application No. MCU26/0012 and OPW26/0034
Applicant Jane Margaret Blake
Proposal Material Change of Use - Dwelling house
Properly Made Date 19 February 2026
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 1 May 2026
Report Reviewed & Nadine Gorton 27.04.2026
Finalised By
PROPERTY DETAILS
Property Address 111 Lukes Rd Cooroy Mountain Qld 4563
RP Description Lot 2 RP 214048
Land Area 36.8ha
Existing Use of Land Dwelling House in Rural zone.
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Zone Rural
Precinct Not applicable
Local Plan Area Not applicable
Overlays • Biodiversity, Waterways and Wetlands Overlay Code
• Bushfire Hazard Overlay Code
• Flood Hazard Overlay Code
• Landslide Hazard Overlay Code
• Agricultural Land Overlay Code
• Regional Infrastructure Overlay Code
Document Set ID: 24620687
Version: 4, Version Date: 28/04/2026
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Assessment Type Code
1. PROPOSAL
The application seeks approval for a Material Change of Use and Operational Works to establish
a single storey Dwelling house at 111 Lukes Road, Cooroy Mountain.
The proposal involves the construction of a large single‑storey dwelling and associated domestic
outbuildings including a private gym, stables and horse arena located in the south‑western portion
of the site.
Information provided by the Applicant indicates the development on the site will comprise a total of
876 m² gross floor area (GFA) for habitable buildings and 243 m² GFA (Stables) for non-habitable
class 10 buildings.
The existing dwelling, shed and swimming pool will be demolished, while the existing studio in the
north‑western extent of the site will be retained.
Vehicle access will be provided via Lukes Road (unformed road) and established upgraded internal
driveway.
The proposed development involves the following aspects:
Dwelling House - 779m²
The proposal includes a new single‑storey dwelling house to be used as a permanent residence.
The dwelling contains habitable living areas, 5 bedrooms, bathrooms and associated domestic
spaces, together with garages (5 cars) on the southern side of the dwelling.
Gym Building - 95m²
A separate private gym building is proposed to the east of the dwelling. The gym includes exercise
and wellness facilities and is intended for private use by the occupants of the dwelling only. The
applicant submits the building is not proposed to operate as a commercial or independent use.
Stables building - 243m² and Horse Arena (open area)
The stables and a horse arena are located to the west of the dwelling for domestic animal keeping.
The facilities are intended for private, non‑commercial use consistent with the Rural Zone.
Existing Studio (Retained)
An existing studio building is located in the north‑western portion of the site and is to be retained.
The studio is not approved as a separate dwelling and the applicant submits will remain ancillary
to the primary dwelling house.
The proposed dwelling house and associated outbuildings are located within a predominantly
cleared and previously disturbed portion of the site. As shown on the approved plans, the building
footprint, access driveway and associated works are largely confined to existing cleared areas.
Only minor vegetation removal is required to facilitate the development, primarily associated with
localised site works within the immediate building footprint and driveway alignment. No
development is proposed within mapped waterways, riparian buffer areas or areas identified as
containing significant ecological values under the Biodiversity, Waterways and Wetlands Overlay
Code.
The locality and proposal plan are included below.
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Figure 1 – Locality (approximate location of new dwelling in purple shade).
Figure 2 – Site Plan
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Figure 3 – Floor Plan
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Figure 4 – Elevations
2. SITE DETAILS
2.1. Site History
31/07/2007 - 112005.936 - Form 21 final inspection certificate was lodged with Noosa Council for
a single detached class 1A and 10A buildings or structures. The building description was for a
Studio Addition class 1A.
19 February 2026 – Development application for a Material Change of Use (Dwelling House) and
associated Operational Works.
5 March 2026 – Confirmation Notice issued by Council.
27 March 2026 – Further Advice issued by Council identifying concerns with the siting, scale and
separation of the proposed gym building, impacts on Agricultural Land Conservation Area values,
and insufficient information regarding the existing studio and compliance with the definition of a
Dwelling house.
2 April 2026 – Applicant response to Council’s Further Advice. The key amendment relates to the
relocation of the proposed gym building. The gym has been moved closer to the main dwelling,
reducing the separation distance from approximately 50 metres to around 20 metres and
repositioned into an area previously disturbed by the existing dwelling proposed to be demolished.
2.2. Site Description
The site has an area of approximately 36.8 hectares and is situated within the Cooroy hinterland
locality characterised by large allotments undulating topography and a mix of cleared grazing land
and vegetated areas.
The site has frontage to Lukes Road, an unformed rural road which extends along the site’s
western boundary to the south.
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The land is generally steep and undulating with development historically concentrated within
cleared and previously disturbed areas. The site is affected by a range of planning scheme
overlays typical of the locality, including Biodiversity, Bushfire, Flood hazard, Landslide hazard and
agricultural land overlays. The site is not connected to reticulated water or sewer services and is
serviced by on‑site water storage and wastewater treatment systems.
Studio building
An existing Studio is located in the north‑western portion of the site. Council’s records indicate it
was approved in 2007 as a Class 1A studio addition.
It is reasonable to impose a condition to ensure the existing studio building is used only as part of
the Dwelling house and cannot be rented, leased or occupied independently. The studio must not
be used or adapted as a Dual occupancy purpose, which would represent an inconsistent use
within the Rural Zone.
2.3. Surrounding Land Uses
Surrounding development is predominantly rural and rural‑residential in character, comprising
large allotments developed with a single dwelling and associated outbuildings. Adjoining properties
are generally well‑setback from boundaries and road frontages with substantial separation
distances between dwellings. The locality exhibits a low‑density development pattern consistent
with the Rural Zone and maintains a strong rural and landscape character.
Land to the southeast is located within the Sunshine Coast Council local government area and is
also characterised by rural and rural-residential development similar in scale and intensity to
surrounding land within Noosa Shire.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020 (25 September 2025).
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Rural Zone Code
• Low Density Housing Use Code
• Works, Services and Infrastructure Code
• Biodiversity, Waterways and Wetlands Overlay Code
• Bushfire Hazard Overlay Code
• Flood Hazard Overlay Code
• Landslide Hazard Overlay Code
• Agricultural Land Overlay Code
• Regional Infrastructure Overlay Code
The subject site is located in Cooroy and is zoned Rural. The proposed use is identified as a
consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
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Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max 1 storey
• metres 8 metres 7.8 metres
Gross floor area 500 m² max 1,117m² X
Plot ratio <:1 max. 0.003:1
Boundary setbacks
Ground Floor Plan / up to 4.5m
Frontage 20 metres min Approx. 235 metres from
the main entrances from
Lukes Road and 36 metres
from the Stables building
which is the closest point to
the non-formed portion of
Lukes road along the
western boundary.
Side (south) 10 metres min 12.7 metres (stables
building)
Approx. 150 metres from
Side (north) 10 metres min
proposed house site.
Rear (east) 10 metres min
Approx. 900 metres from
proposed house site.
Roof Form
• Pitch Max 15 degrees >15 degrees X
Landscaping
Landscaped open space min 20% of total >20%
Carparking 2 covered min 5 covered
Rural Zone Code - Built Form
AO7.3 With the exception of Class 10 buildings or structures used exclusively for a rural
activity, individual buildings or roofed structures do not exceed 500m² gross floor area.
Excluding the proposed class 10 structures the applicant is proposing a Dwelling house of 874m²
GFA and as such does not comply with AO7.3. of the Rural Zone Code. The proposal is therefore
required to comply with corresponding Performance Outcome PO7 of the Rural Zone Code, which
states:
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PO7 Buildings and other structures are low rise, minimise the appearance of bulk to
adjacent properties, roads or other areas in the vicinity of the site, and respect the scale
of surrounding vegetation while maximising opportunities to retain existing vegetation.
Assessment:
The applicant acknowledges that the proposed dwelling exceeds the 500 m² GFA and submits that
all buildings are single storey, below 8 metres in height and are located on a large 36.8 hectare
allotment with the combined built form occupying less than 1% of the site area.
When considered in the context of the overall site size, topography and rural character, the
applicant contends that the increased gross floor area does not result in unacceptable impacts and
remains consistent with the intent of PO7 to minimise bulk and respect the scale of the landscape
and surrounding vegetation.
It is agreed that the proposal is single storey and complies with has a building height of less than
8 metres. The proposed dwelling is sited in the south-western portion of the property, setback a
substantial distance from the unformed Lukes Road entry and adjoining property boundaries, which
limits the perception of bulk when viewed from public accessible roads or neighbouring premises.
In response to Council’s Further Issues the applicant amended the design to relocate the gym
building closer to the main dwelling, reducing the separation distance from approximately
50 metres to around 20 metres. This change was made to consolidate built form within an already
disturbed and cleared area associated with the existing dwelling proposed to be demolished.
Existing internal driveways will be used to access the intended house location and when
considered in the context of the overall site size, topography and setbacks, the increased gross
floor area does not result in an unacceptable visual or landscape impact and is consistent with the
intent of PO7.
Sloping Sites and Ridgelines – Roof Pitch
AO15.2 On sloping sites or on ridgelines at the uppermost edge of a hill slope, roofs do not
exceed a pitch of 15 degrees.
The applicant is proposing a roof pitch which exceeds 15 degrees and as such does not comply
with AO15.2 of the Rural Zone Code. The proposal is therefore required to comply with
corresponding Performance Outcome PO15 of the Rural Zone Code, which states:
PO15 The landscape character and visual amenity quality of hill slopes and ridgelines are
retained and buildings and structures are visually responsive to the natural topography of
the site, sit within the landscape rather than dominate it, and incorporate materials,
finishes and colours that complement the natural setting.
Assessment:
The increased roof pitch does not result in the building protruding above prevailing vegetation or
becoming visually dominant when viewed from surrounding properties or Lukes Road.
The amended layout consolidates built form by relocating the gym building closer to the main
dwelling, reducing linear spread along the slope, minimising additional earthworks and avoiding
visually prominent ridgeline locations. Building footprints mainly follow existing land contours,
limiting benching and cut and fill, and maintaining the natural topography.
Materials, colours and finishes are muted and non‑reflective, with an earthy palette that
complements the rural setting
It is agreed that the design incorporates roof forms and muted external finishes that reflect the rural
character of the locality. Given the siting, height, setbacks and landscape context, the proposal
maintains the scenic and landscape values of the site and satisfies the intent of PO15.
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Sloping Sites and Ridgelines – Earthworks
AO15.3 On sloping sites and ridgelines, cut or fill is less than 1.5 metres in depth relative to natural
ground level.
The applicant is proposing earthworks that exceeds 1.5 metres in depth and as such does not
comply with AO15.3 of the Rural Zone Code. The proposal is therefore required to comply with
corresponding Performance Outcome PO15 of the Rural Zone Code, which states:
PO15 Buildings and structures step down slopes or use appropriate construction techniques
to minimise cut and fill and avoid benching of the site, while retaining the natural
landform and landscape character.
Assessment:
The proposal involves areas of cut and fill exceeding 1.5 metres to establish the building platform
and internal access and therefore does not comply with AO15.3. The extent of earthworks is
acknowledged as relatively large due to the sloping nature of the proposed dwelling site and the
elongated form of the buildings along the southern boundary.
The extent and depth of earthworks have been informed by detailed engineering and slope stability
assessments. Earthworks (fill) is designed to step down the site toward the north. It is noted that
despite the extent of filling for the dwelling, building height does not exceed 8.0 metres above
ground levels.
Conditions can be imposed to require batters to be stabilised and revegetated to visually soften
the development and integrate it with the surrounding landscape. The proposal does not
compromise slope stability or scenic amenity and is considered to achieve the intent of PO15.
Biodiversity, Waterways and Wetlands Overlay Code
Assessment
The site is affected by the Biodiversity, Waterways and Wetlands Overlay Code due to the
presence of mapped Riparian Buffer areas within the central area of the site.
The proposed dwelling and associated outbuildings are sited within predominantly cleared areas
and are not located within mapped areas of ecological significance, waterways and riparian buffers.
The proposed development complies with the Biodiversity, Waterways and Wetlands Overlay
Code.
Bushfire Hazard Overlay Code
Assessment
The subject land is affected by mapped bushfire hazard areas (Potential Impact Buffer).
Under Table 5.9.3 of the Noosa Plan 2020, a Material Change of Use for a Dwelling House is
identified as accepted development where located within the Bushfire Hazard Overlay Code.
Accordingly, the proposed dwelling house does not trigger additional assessment under the
overlay.
Agricultural Land Overlay Code
Assessment
Specific areas of the site which contain the overlay relate to the upper ridge lines which extend
along the length of the southern side of the site.
These areas contain the established Dwelling house and outbuildings extending east towards the
existing studio, which is to be retained. Other areas of the site are substantially covered within
vegetation and within the Riparian buffer.
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While the proposal does not strictly comply with Acceptable Outcomes AO2.1 and AO2.2, which
seek to avoid incompatible development within agricultural land, the proposal is considered to
satisfy Performance Outcome PO2, which requires that development does not result in the loss or
diminished productive capacity of Agricultural Land Conservation Area.
The development involves the establishment of a large dwelling house located within a previously
disturbed and cleared portion of the site occupying a negligible proportion of the overall
landholding. The balance of the land remains available for ongoing rural and agricultural activities,
including grazing and domestic animal keeping.
The siting and scale of the dwelling avoids productive agricultural areas, does not fragment rural
land, and maintains substantial separation distances to adjoining properties, thereby minimising
potential land use conflict. Accordingly, the proposal does not result in an irreversible or material
loss of agricultural land and is consistent with the intent of PO2 and the broader purpose of the
Rural Zone.
Landslide Hazard Overlay Code
Assessment
A site‑specific Slope Stability Assessment has been prepared by a suitably qualified geotechnical
consultant to support the proposed development. The assessment identifies that while parts of the
site are mapped within landslide hazard areas, the proposed dwelling is located outside the most
constrained areas and within a previously disturbed portion of the site. The assessment concludes
that, subject to compliance with the recommended design parameters and construction controls,
the proposed development presents a low risk of slope instability and will not increase landslide
risk on the subject site or adjoining land. Earthworks have been designed to manage cut and fill
appropriately and to maintain long‑term site stability.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Development Engineer, Development Assessment
Access
An internal concrete driveway is proposed to service the amenities demonstrating appropriate
manoeuvring area. No upgrade to the existing crossover is proposed or considered necessary as
the driveway is located at the end of Lukes Rd, the driveway being a private continuation of the of
the public road with no intersection and appears in a suitable condition.
Earthworks
Engineering plans have been prepared supported by a Slope Stability Assessment, confirming a
low risk of slope instability. The proposal does not introduce any drainage issues.
Effluent Disposal
A Site and Soil Evaluation Report has been prepared. A nominated Land Application Area of 320m²
is required, a suitable location has been nominated.
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5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU26/0012 & OPW26/0034 for a Material Change of Use -
Dwelling house situated at 111 Lukes Rd Cooroy Mountain Qld 4563 and described as Lot 2 RP
214048, it is recommended the application be approved in accordance with the following details
for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU26/0012 & OPW26/0034
Street address: 111 Lukes Rd Cooroy Mountain Qld 4563
Real property description: Lot 2 RP 214048
Planning Scheme: Noosa Plan 2020 (26 September 2025)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Dwelling House; and
• Development Permit for Operational Works (driveway and earthworks).
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (MCU26/0012)
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the building commencing, and then compliance maintained at all times while the
use continues.
Currency Period
2. This development approval lapses if the use has not happened by 27 April 2032, 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
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DA02 02 Location plan 1/02/2026
DA02 03 Site plan 1/02/2026
DA02 04 Floor plan 1/02/2026
DA02 05 Floor plan 1/02/2026
DA02 06 Floor plan 1/02/2026
DA02 07 Floor plan 1/02/2026
DA02 08 Roof plan 1/02/2026
DA02 09 Roof plan 1/02/2026
DA02 10 Eastern Elevation 1/02/2026
DA02 11 Gym Elevation 1/02/2026
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. The existing Studio building shown on the approved Location Plan and located at the eastern
Kings Road South frontage of the site must only be used as part of the approved Dwelling
house and remains ancillary to the primary residence at all times.
5. The Studio must not be rented, leased or occupied independently and must not be used or
adapted for a Dual occupancy or Secondary dwelling as defined under the Noosa Plan 2020
unless the necessary development approvals are obtained from Noosa Shire Council or the
use is defined as accepted development under Noosa Plan 2020.
6. The approved Studio / Gym building must only be used as part of the approved Dwelling
house and is not be rented, leased or occupied independently and must not be used as an
Indoor Sport and recreation use as defined under the Noosa Plan 2020.
Building Height
7. The maximum height of the development must not exceed 8.0 metres above the ground level
including where excavation is undertaken the exposed portion of the external façade of the
building.
8. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the buildings do not exceed the maximum height requirement of this Decision
Notice.
External Colours & Finishes
9. 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
10. A minimum of 2 car parking spaces must be provided on site and made available and
accessible at all times for residents. Vehicle manoeuvring areas are provided on site in
accordance with the Australian Standards for Off-street car parking so vehicles enter and
leave the site in a forward gear.
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Lighting Amenity
11. No flood lighting must be used on site. Any vertical illumination resulting from direct, reflected
or other incidental external lighting emanating from the site must not exceed 8 lux when
measured at any point 1.5 metres outside the boundary and at any level from ground level
upward.
Environment
12. 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
13. A minimum of 20% of the site must be retained as soft landscaping.
14. Areas of the site proposed to be cut or filled to establish the approved development are
required to be landscaped and returned to a either a grassed or landscaped setting. Areas
of exposed earth hillside resulting from the development is not approved.
15. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
16. All excavation/fill and associated batters 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.
17. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height.
Water Supply
18. The approved dwelling must be serviced with a rainwater tank having a minimum storage
capacity of no less than 60,000 litres.
Site Access and Driveways
19. An access driveway must be provided from Lukes Rd to all parking and manoeuvring areas
of the development. The works must be undertaken in accordance with Driveway Levels Plan
Part 1 & 2 prepared by SCG Engineers (00577-OW4.1 & 00577-OW4.2) and dated February
2026.
Stormwater Drainage
20. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Easements
21. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
22. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
23. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
24. All works must be carried out in accordance with the recommendations contained in Slope
Stability Assessment (26020-001-Rev0), prepared by tectonic and dated 13 February 2026,
listed within this Decision Notice.
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Earthworks and Retaining Walls
25. All earthworks must be undertaken in accordance with the conditions of this Decision Notice,
be in accordance with Earthworks Plan Part 1 & 2 and Earthworks Sections prepared by
SCG Engineers (00577-OW3.1, 00577-OW3.2 & 00577-OW3.3) and dated February 2026.
26. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
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DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (OPW26/0034)
(Driveway & Earthworks)
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
0577-OW3.1 - Earthworks Plan Part 1, prepared by SCG Feb 2026
Engineers
0577-OW3.2 - Earthworks Plan Part 2, prepared by SCG Feb 2026
Engineers
0577-OW3.3 - Earthworks Sections, prepared by SCG Feb 2026
Engineers
0577-OW4.1 - Driveway Levels Plan Part 1, prepared by Feb 2026
SCG Engineers
0577-OW4.2 - Driveway Levels Plan Part 2, prepared by Feb 2026
SCG Engineers
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 27 April 2028, unless an application to extend the currency period is
approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
3. Copies of the approved plans, duly signed by the consultant Registered Professional
Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
Construction at the “pre start” meeting.
4. 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
5. A Construction Management Plan must be submitted with the Operational Works application
and must address the following:
a. Haulage routes and earthworks spoil disposal location
b. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
c. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
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6. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
7. 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
8. 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.
9. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
10. 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; and
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.
Earthworks and Retaining Walls
11. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council.
12. Fall protection must be provided to retaining walls that are over 1m high.
13. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas; and
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
14. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
15. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g., by blocking or interfering with natural overland flows).
16. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
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17. Prior to the completion of the development, 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 (refer to E&SC Advisory Notes).
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.
Erosion and Sediment Control
18. 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.
19. 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. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the 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.
20. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards * (Refer to Advisory Note).
21. 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.
22. 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.
23. 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
24. 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:
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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.
FOLLOWING CONSTRUCTION
Certification
25. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
26. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
26020-001 0 Slope Stability Assessment, prepared by tectonic 13 February 2026
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:
General Advisory Notes
1. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
2. 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.
3. 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 Request
4. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
5. 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.
Environmental Advisory Notes
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6. 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
7. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
8. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
9. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
c. 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
d. 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.
Infrastructure Charges
10. 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
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.
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.
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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.
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Document Set ID: 24620687
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