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Amended Early Referral Agency Response - Planning RAP25/0026

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

                 26 August 2025


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

                 [email protected]


                 Dear Sir/Madam,


                                       Amended Early Referral Agency Response
                                                      Planning Act 2016

                 I refer to your representations dated 30 July 2025 and advise that Council, as a referral agency
                 for the application, completed its assessment of the representations on 26 August 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)
                 In relation to representations, Council on 26 August 2025 decided to:
                 A.     Agree to amend condition 2.
                 3. TIME LIMIT FOR MAKING FURTHER APPLICATION

                 Pursuant to section 54(4) of the Planning Act 2016, you will not be required to refer your
                 building works application to council for a further Referral Agency Response if:
                 a.     you submit this Referral Agency Response in its entirety, including all referenced plans
                        and documents, when making the application to the Assessment Manager; and
                 b.     There are no changes to the proposal that was presented to council with this referral;
                        and

                 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: 24060358
Version: 4, Version Date: 29/08/2025
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                 c.     The development application to the assessment manager is made within 2 years of the
                        date of this referral agency response.
                 4. REFERRAL AGENCY CONDITIONS

                 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.
                        Approved Plans
                 2.     Development authorised by this approval must be undertaken generally in accordance
                        with the Approved Plans listed in the tables below.

                          Plan No.           Rev.   Plan/Document Name                          Date

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




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Document Set ID: 24060358
Version: 4, Version Date: 29/08/2025

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                 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.
                        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.
                        Fires in Urban Areas
                 4.     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




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Document Set ID: 24060358
Version: 4, Version Date: 29/08/2025

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                        Infrastructure Charges
                 5.     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: 24060358
Version: 4, Version Date: 29/08/2025

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