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Minor Change Existing Approval - 132000.200176.1 (As Published)

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                                                                                     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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Page 2

               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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Page 4

               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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Page 6

               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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Page 7

               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.




                                                                                                                     Page 7 of 8
Document Set ID: 25270716
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Page 8

                                                                              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 8 of 8
Document Set ID: 25270716
Version: 4, Version Date: 27/10/2026

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