Skip to the record
The gold standard in government transparency.

Council archive · source document

Decision Notice - Council Meeting Decision - MCU25 0119 (As Published) · MCU25/0119

of 6

Text shows just the words. Original shows the document exactly as it was published.

                                                             Officer:                           Georgina Schramm
                                                             Direct Telephone:                  07 5329 6245
                                                             Our Reference:                     MCU25/0119
                                                             Your Reference:                    n/a

               23 July 2026


               Stockwell Development Group Pty Ltd
               PO Box 3144
               SOUTH BRISBANE QLD 4101
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 16 July 2026, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:            MCU25/0119

                   Street address:            26 Eenie Creek Rd, Noosaville Qld 4566

                   Real property description: Lot 22 SP 322201

                   Planning Scheme:           Noosa Plan 2020 (26 September 2025)

               2.      DECISION DETAILS

               The following type of approval has been issued:
               •       Material Change of Use - Indoor sport and recreation
               3.      CURRENCY PERIOD OF APPROVAL

               The Currency Period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER 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 commencing, and then compliance maintained at all times while the use continues.




                                                                                                        Page 1 of 6

Document Set ID: 24994038
Version: 8, Version Date: 23/07/2026
Full text of the other 5 pages

Page 2

                      Currency Period
               2.     This development approval lapses if the use has not happened by 16 July 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

                        T-L001              2       Level 01 Leasing Plan prepared by 30/04/2024
                                                    Buchan

                      Nature and Extent of Approved Use
               4.     The approved Indoor Sport and Recreation use/s are permitted to be located within Tenancy
                      CC12, CC16, CC18, CC19 & CC20 as shown on the approved plan.
               5.     The approved Indoor Sport and Recreation use(s) within Tenancy CC12, CC16, CC19 &
                      CC20 on the site are limited to low-intensity style fitness classes only. For the purposes of
                      this approval, low-intensity style fitness classes include the following activities, unless
                      otherwise approved in writing by Council:
                      •       Yoga (including hot yoga, yin yoga and vinyasa yoga)
                      •       Pilates (including reformer Pilates)
                      •       Strength and toning classes
                      •       Mobility classes
                      •       Low-intensity cardio classes
                      •       Stretch and flexibility classes
                      Amenity
               6.     The operation of the approved use must not detrimentally affect the amenity (including but
                      not limited to noise, overlooking, light spill or odour) enjoyed by surrounding residents or
                      cause a nuisance, including a noise nuisance.
               7.     The operation of the approved use must not detrimentally affect the residential amenity
                      (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding
                      residents or cause a nuisance, including a noise nuisance.
               8.     Background pre-recorded amplified music (e.g. music played through a domestic stereo) that
                      does not emit audible noise beyond the boundary of each tenancy at any time is permitted.
               9.     All doors and/or windows must be closed at all times whilst amplified music is being played;
                      Class instructors are not permitted to use any equipment to amplify their voice.
                      Building Appearance
               10.    The glazing must be fully transparent to a minimum of 50% of the tenancy front to maintain
                      an active frontage.
                      Car Parking
               11.    The on-site car parking spaces must be made available at all times to staff and patrons
                      attending the use.
               12.    End of trip facilities for the development are to be readily accessible for staff.




                                                                                                           Page 2 of 6

Document Set ID: 24994038
Version: 8, Version Date: 23/07/2026

Page 3

                      Waste Management
               13.    Waste storage and disposal facilities must be provided in accordance with Planning Scheme
                      Policy 9, Waste Management and the Noosa Plan’s Waste Management Code, including an
                      external imperviously paved area correctly sized for all refuse and recycling containers and
                      suitably screened from public places and neighbouring properties.
                      Community Management Statement
               14.    Any proposed Community Management Statement required for the development pursuant to
                      the Body Corporate and Community Management Act 1997 must be submitted to Council for
                      endorsement at the same time as submission of the Building Format Plan (or similar) to
                      Council for compliance assessment.
               15.    All clauses and by-laws of the proposed Community Management Statement must accord
                      with the requirements of this Decision Notice and, in particular, must include the following
                      additional clauses:
                      a.      Tenancy CC12, CC16, CC18, CC19, CC20 are approved for the purpose of Indoor
                              Sport and Recreation uses.
                      Damage to Services and Assets
               16.    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:
                      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.
               5.     REASONS FOR APPROVAL

               While the application is an inconsistent use in this zone and subject to an impact assessment
               process, the proposed development is considered to uphold the Strategic Framework and overall
               intent of the Noosa Plan 2020.

               The application proposes to retain the existing built form while changing the use of five (5)
               tenancies to Indoor Sport and Recreation. The applicant seeks greater leasing flexibility and
               therefore proposes a land use that will complement the existing primary tenants of the building,
               being medical uses.
               Each tenancy was originally developed in accordance with an approval assessed under the Noosa
               Plan 2006, thus allowing for tenancies which have an area less than the 400m² sought under the
               current scheme. This means the existing tenancy layout does not align with the intended function
               of the Showroom Precinct, which is to accommodate large-format tenancies which can be used for
               a range of uses including Indoor Sport and Recreation where the tenancy is greater than 400m2 of
               gross floor area.

               Importantly, the subject tenancies form part of an already approved and established development
               and are of a scale and nature that complements the primary medical uses on the site. In this
               context, the tenancies operate as ancillary components of the broader development, rather than
               as standalone large-format indoor recreation facilities.

               On balance, the proposed development is considered appropriate and is therefore recommended
               for approval.




                                                                                                       Page 3 of 6

Document Set ID: 24994038
Version: 8, Version Date: 23/07/2026

Page 4

               6.     REFERENCE DOCUMENTS

               Not applicable.
               7.     REFERRAL AGENCIES

               Not applicable.
               8.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager 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.
                      Advertising Devices
               3.     All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
                      (Administration) 2015 including both temporary and permanent signage. All freestanding,
                      pylon or pole signs or signage that is illuminated requires approval from Council prior to being
                      installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
                      prohibited from being erected in the Shire.
                      Infrastructure Charges
               4.     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
               9.     PROPERTY NOTES

               Not applicable.
               10.    VARIATION APPROVAL DETAILS

               Not applicable.


                                                                                                             Page 4 of 6

Document Set ID: 24994038
Version: 8, Version Date: 23/07/2026

Page 5

               11.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required          Subject of the required Development Permit

                Development Permit for Building Works        Building Works.

               12.    SUBMISSIONS

               No submissions were received about the application.
               13.    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.
               14.    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,

               Patrick Murphy
               Manager | Development Assessment
               Development & Regulation



               Enc:   Appeal Rights
                      Approved Plans/Documents




                                                                                                      Page 5 of 6

Document Set ID: 24994038
Version: 8, Version Date: 23/07/2026

Page 6

                                                                              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
               (2) The notice of appeal must be accompanied by the required fee.                  the person has not complied with the rules of the P&E Court




                                                                                                                                                    Page 6 of 6
Document Set ID: 24994038
Version: 8, Version Date: 23/07/2026

Used in these records

About this file

File size
150 KB (small file)
File type
PDF

No other editions are linked here.

Original file

Log in to download the original file

Decision Notice - Council Meeting Decision - MCU25 0119 (As Published).pdf · 150 KB (small file)

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.