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