Council archive · source document
Minor Change Existing Approval - 132000.200176.1 (As Published)
Officer: Matthew Pinese
Direct Telephone: 07 5329 6245
Our Reference: 132000.200176.1
Your Reference: n/a
27 October 2026
M Design
C/- M Design
PO Box 1702
NOOSA HEADS QLD 4567
[email protected]
Dear Michael,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 18 August 2026, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132000.200176.1
Street address: Hale Lani Three 2/31 The Esplanade, Sunshine Beach Qld 4567
Real property description: Lot 2 on SP148682
Planning Scheme: Noosa Plan 2020 (Amendment 3 - 20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 24 August 2000.
• Development Permit for Material Change of Use of Premises – 3 Duplex Dwellings
• Reconfiguration of a Lot – Total 3
In relation to the request to make a minor change to the existing approval, Council on 20 October
2026, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional Condition 19 of Material Change of Use.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE CONDITIONS
Building
1. The plans submitted for a Development Permit for building works are to comply with the
approved plans and the following requirements: -
1.1 Provide additional architectural elements to the western façade of the dwelling on Lot
187
1.2 Duplex dwellings are not to exceed 8 metres in height from natural and finished ground
level in accordance with Planning Scheme requirements.
Land Development
2. Prior to undertaking any excavation, the person acting on this permit shall contact public
utility service providers to ascertain the location of their underground services.
3. Prior to commencement of work relating to a Development Permit for Operational Works, the
Applicant shall sign a written undertaking to be responsible for the full cost of repairs to road
pavement, footpath, kerb and gutter, or other Council property damaged as a result of
construction of the proposed development.
If any person acting under this permit damages any Council property or facilities (such as
underground drainage, water supply and sewerage) , through any cause whatsoever in the
course of, directly or indirectly carrying out development, that person shall forthwith notify the
Manager - Land Development and shall forthwith rectify that damage at its cost and to the
satisfaction of the Manager - Land Development. Alternatively, the Applicant may request
the Council to carry out the rectification works.
Any damage to a water main shall be rectified by Council. Any damage to a sewer main shall
be undertaken by either Council or a Council approved contractor.
In all cases, Council reserves the right to carry out rectification works in an emergency and
where no reasonable attempt has been made to complete the rectification works as part of
the development.
All costs incurred by Council in any rectification works shall be repaid to Council prior to the
endorsement of the Plan of Survey.
4. Car parking shall be provided within the site as shown on plan A001 dated 21.12.99 as
submitted by Bennett Architects except as modified herein for at least 12 spaces including a
minimum of 12 covered spaces shall be included on site. The car parking area shall be
designed to comply with the provisions of AS 2890.1-1993 for user class 1. The minimum
head clearance (headroom) at any point shall be 2.2m.
5. Easements for access (volumetric where necessary) shall be created over the driveway and
garage areas. Easements for services (volumetric where necessary) shall be created to
contain stormwater drainage, water and sewerage.
6. A new 1.2 metre wide concrete footpath to Council’s design standards shall be constructed
across the total frontage of the site.
A Development Permit for Operational Works shall be obtained prior to the commencement
of any works. Footpath and property alignment levels maybe obtained from the Works
Inspector-Development upon request.
Prior to works being taken on maintenance, the remainder of the footpath area shall be
topsoiled and established with couch or buffalo turf, free of weeds.
7. All redundant vehicular crossings to the site shall be removed and replaced by kerb and
channel and footpath paving in accordance with Council’s Standard specifications prior to
Council endorsement of the Plan of Survey.
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8. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particulate 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.
9. Roof and surface water is to be collected on site and is to be discharged through a single
underground drain line into existing drainage in The Esplanade. A Development Permit for
building works shall not be granted until a Development Permit for Operational Works has
been issued in regard to the drainage scheme. In this regard, a grease/oil arrestor is to be
provided on site to ensure that polluted runoff does not enter Council's stormwater drainage
system.
Land Use
10. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered DA01C, DA02B, DA03B
to DA06V, DA07C, DA08B prepared by Bennet Architects and Associates and dated 12 April
2000 and those numbered 1, 2 and 3 and as may be amended by these conditions.
11. 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.
12. 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.
The landscape plan is to indicate:
a. mounding and associated landscaped works to soften the impact of the upper portion
of the basement carpark level.
b. large species are to be planted wherever possible, particularly between the buildings
and over the basement carparking levels and the retained pine tree vegetation on the
corner.
c. provide additional substantial plantings on the road reserve frontage.
13. Any fencing provided in conjunction with the development is to be setback an average of two
(2) metres to any road frontage pursuant to clause 36 (6) (c) of the Schedule to the Planning
Scheme.
14. 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.
15. Security in the form of a cash bond or trading bank guarantee to the sum of $8000.00 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.
16. 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.
17. This Development Permit for a material change of use of premises lapses if:-
17.1. the use or erection of a building or other structure associated with the use, has not
been commenced within four (4) years of the date of issue of the Development Permit,
unless application is made and approved by Council for an extension; or
17.2. the use of any premises pursuant to the Development Permit ceases.
18. 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.
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Additional Condition – 20 October 2026 – 132000.200176.1
Approved Plans
19. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
20. Plan No. Rev. Plan/Document Name Date
2/31 The Esplanade, - Demolition Plan 14/07/2026
Sunshine Beach
2/31 The Esplanade, - Proposed Plan Option B 14/07/2026
Sunshine Beach
2/31 The Esplanade, - Proposed Roof Plan 14/07/2026
Sunshine Beach
2/31 The Esplanade, - Existing West Elevation (From Stevens -
Sunshine Beach Street)
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RECONFIGURATION OF A LOT CONDITIONS
1. The lot reconfiguration shall generally be in accordance with Lawrence & Partners Consulting
Surveyors plan number 5696-S1 except as modified herein.
2. Pursuant to Section 3.5.21(6) of the Integrated Planning Act 1997, the currency period is four
(4) years from the day this permit takes effect during which time all conditions must have
been complied with, operational works completed, and the Plan of Survey lodged with the
Council for endorsement.
3. In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal
documentation shall be presented to Council and shall be submitted in the correct form with
the fees prescribed in Council's adopted fee schedule.
4. Pursuant to Section 3.7.3(c) of the Integrated Planning Act, all outstanding rates and charges
due and payable to Noosa Council in respect of the lots being reconfigured shall be paid prior
to endorsement of the Plan of Survey.
5. A contribution toward the provision of beach access shall be paid in accordance with
Council’s Planning Scheme Policy PSP 4 on Beach Access Contributions prior the issue of
a Development Permit for Building Works. The amount of the contribution shall be calculated
at the rate current at the date of payment. An estimate only of the contribution rate as of July
94 was $65 per unit.
6. A contribution in accordance with Planning Scheme Policy PSP 24 for Park Requirements
on Subdivision Applications in lieu of dedication of land shall be paid to Council prior to its
endorsement of the Plan of Survey. The amount of the contribution shall be calculated at the
rate current at the date of payment. An estimate only of the contribution rate as of August
2000 was $2,700 per additional lot. Contributions will be used for providing park facilities in
the nearest town.
7. Prior to Council endorsement of the Plan of Survey, a duly executed copy of any required
Grant of Easement shall be submitted to Council for perusal.
Any changes required by Council’s Solicitor shall be attended to prior to endorsing the Plan
of Survey.
Any necessary Titles Office forms requiring the consent of Council is to be submitted prior to
the endorsing of the Plan of Survey.
8. The site shall be connected to Council’s Water Supply and Sewerage reticulation systems in
accordance with the Water and Sewerage design guidelines at no cost to Council.
9. A programme of works is to be submitted with any application for any Development Permit
for Operational Works detailing the construction schedule and proposed environmental
protection measures.
Where the program is changed for any reason whatsoever, a copy of the revised program
shall be submitted to Council’s Works Inspector within seven (7) days.
10. Operational works shall be carried out in a manner that prevents:-
Pollution of a waterway.
Dust/sand nuisance to residents in the vicinity.
Transfer of dirt and debris onto a public road
Excessive noise (less than 1.5 Dba above ambient measured at the lot boundaries).
Excessive traffic delays (less than 5 minute delays).
Diminution of neighbourhood amenity (long term parking of employees vehicles, parking of
construction equipment etc.).
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11. All designs for engineering works involving the construction of pavements, kerb and channel,
vehicular access, footpaths, turnouts, stormwater drainage, water supply or sewerage
reticulation shall be prepared in accordance with the requirements of Council's Engineering
Design Standards, shall reference where applicable to Council’s Standard Drawings and
shall incorporate best engineering practice.
12. A suitably qualified Registered Professional Engineer shall prepare engineering drawings
and specifications for all engineering works, which shall be submitted in conjunction with an
application for a Development Permit for Operational Works.
13. To protect the environment against siltation/sediment export or soil erosion as a result of this
development, an erosion and sediment control plan shall be submitted in conjunction with
any Development Permit for Operational Works. Site control measures such as silt fencing,
controlled gravel access to the site and controlled disposal of waste, may be necessary.
All physical site control measures shall be installed and maintained until all operational works
have been completed and accepted on maintenance. The erosion and sediment control plan
must be adhered to at all times.
Prior to commencement of operational works a $2000 site control bond is required to be
lodged with Council to ensure compliance with this condition. The bond will be refunded less
any costs incurred by Council in ensuring compliance with this condition or any additional
inspections incurred for substandard work or work undertaken not in accordance with this
permit. The security will be returned upon satisfactory performance of all the conditions of
this permit and any other related development permits for operational works, less any costs
incurred by Council in ensuring compliance with these conditions or for any additional
inspections incurred for substandard work or work undertaken not in accordance with this
permit.
14. Each water connection to the water reticulation system shall extend to the property boundary
and be metered. Where multiple units including leased buildings are served by a single
service, multiple water meters to each individual unit or leased building shall be installed. All
fees for the supply of water meters shall be paid to the Council.
15. An application for a Development Permit for Operational Works for services shall be obtained
prior to commencement of works.
16. All connections to sewer system shall be carried out either by Council or by a Council
approved Contractor and at no cost to Council. Any connection to a water main shall be
undertaken by Council.
17. An electricity service shall be provided to each lot. Full details of the proposal forwarded to
ENERGEX for its approval shall be submitted to Council.
The approval of ENERGEX and a “Certificate for Electricity Supply to Subdividers” will be
required to be submitted by Council prior to endorsing the Plan of Survey.
Any agreement with ENERGEX shall be wholly at the applicant's expense, and shall not
entail a financial encumbrance on future purchasers of the proposed lots.
The design is to be carried out by an Electrical Design Consultant approved by ENERGEX.
The consultant shall liaise with Council’s Manager - Works Support during preparation of the
design.
18. All site drainage shall be by means of gravity systems.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
Not applicable.
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7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Development Permit for Building All Building Works
Works
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
Matthew Pinese
Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 24 August 2000.
• Decision Notice - Minor – 132000.200176 – 19 October 2001, with an amendment to condition 10.
• Decision Notice – Minor – 132000.200176.1 – 20 October 2026
o Material Change of Use – include additional condition 19.
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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.
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