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SUPERSEDED Minor Change Existing Approval 132004 240022 3 (As Published) · 132004.240022.3
Officer: Matthew Pinese
Direct Telephone: 07 53296316
Our Reference: 132004.240022.3
Your Reference: 24-418
10 October 2025
KL Noosa Properties P/L
C/- Plan A Town Planning Pty Ltd
PO Box 1661
MILTON QLD 4064
[email protected]
Dear Georgina
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 22 July 2025, 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: 132004.240022.3
Street address: Sofitel Noosa Pacific Resort 14 Hastings Street, Noosa Heads Qld
4567
Real property description: Lot 7 on RP802632
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 3 October 1996 -23693 DA
• Development Approval – Resort Hotel Complex
In relation to the request to make a minor change to the existing approval, Council on 10 October
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Agree to add additional Condition 27 and 28.
C. Correct the numbering of the conditions to ensure clarity and consistency.
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
1. The approved plans to comprise those numbered DA0302, DA03.05, DA03.06, DA03.07,
DA04.01, DA05.01, DA07.02 Revision B, DA05.02, Revision A prepared by DesignInc
Brisbane and dated 24 March 2004.
2. The plans submitted for Building Approval are to comply with the following requirements:
a. The higher level planter within the building is to have an internal width dimension of
400mm minimum.
3. Payment of a contribution to Council in lieu of 3 off-street car parking spaces in accordance
with the precious agreement with council to permit three parking space t be remove the use.
The contribution shall amount to $30,000 and shall be paid prior to the issue of a Building
Permit.
4. There is to be no detrimental, effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
5. Proposed landscaping species in the lower planter straddling the property boundary shall be
the subject of a submission to the Shire Planner, prior to installation. Such landscaping shall
be carried out in accordance with the requirements of the Shire Planner.
6. The existing Poinciana trees shall be retained. The eastern Poinciana tree is permitted to
have certain branches removed but prior to their removal, the branches will be taped at the
proposed point of severance, to enable Council staff to confirm the suitability of their removal.
7. The developer shall install two trees on either side of the pedestrian crossing to location
satisfactory to the Shire Engineer. The trees shall be Elaeocarpus obovatus (Blueberry Ash)
and shall have a minimum height of 2.5 metres. Such trees shall be installed prior to the
commencement of the approval use.
8. Additional landscaping shall be provided in the lower terrace area by either an additional 4m2
of landscaping planter, generally in the vicinity of the new central column, or alternatively by
the placement of a minimum of 12 potted plants of a minimum height of 1.5 metres.
9. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered WD-4 Rev B, WD05
Rev A, WD06 Rev A, WD08 Rev A, WD09 Rev A, WD10 Rev A, prepared by Robinson
Designinc Pty Ltd and dated 20/07/00 and MD3.1 & MD3.2 which identifies new or
demolished gross floor area as detailed on the GFA Table attached to the plans, DA0302,
DA03.05. DA03.06, DA03.07, DA04.01, DA05.01, DA07.02 Revision B, DA05.02, Revision
A prepared by Designinc Brisbane and dated 24 March 2004, and may be amended by these
conditions.
10. Any advertising sign or device is to comply with the provisions of Council’s policies on
advertising.
11. The developer shall bear the cost of alteration of any public utility or other facilities
necessitated by the development of the land or associate construction works external to the
site.
12. The developer shall submit a Management Plan for dealing with construction activity both
within the site and affecting the adjacent Hastings Street footpath area. Such Management
Plan shall require the prior approval of the Shir Engineer. The developer shall comply with
all requirements of the Management Plan and the direction of the Shire Engineer. No works
shall commence until such Management Plan is approved by the Shire Engineer.
13. 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 Hastings Street to the satisfaction of the Shire
Engineer. A Building Approval shall not be granted until the Shire Engineer has approved
of the drainage scheme.
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14. Submission of two (2) sets of professionally drawn scale plans in compliance with Council’s
Code controlling food establishments for approval by Council’s Environmental Health Officer,
for any food premises proposed to be included in the development. Approval is to be
obtained prior to fitting out the building.
15. An annual licence is to be obtained under the Food Hygiene Regulations of 1989 from
Council’s Health Department.
16. Provisions for separate toilet facilities for patrons, in addition to staff toilet facilities in
accordance with the Building Code of Australia.
17. The footpath and setback areas are to be kept clear of goods, signs and street furniture not
approved by Council.
18. Submission of cash bond or trading bank guarantee in an amount nominated by the Shire
Engineer subsequent to consideration of the Management Plan for the construction process.
Such guarantee is intended to secure performance of conditions, prior to the issued of
Building Approval. The cash bond or trading back guarantee will be returned upon
performance of the conditions of approval.
19. The provisions of this approval are to be affected, prior to the commencement of the
approved use. Council reservices the right to call upon the bond or guaranteed sum referred
to in this approval to effect compliance with conditions.
20. This approval lapses where:-
a. the use or erection of a building or the structure associated with use, has not been
commenced within tow (2) years of the date of issue of the approval unless application
is made and approved by Council for an extension; or
b. the sue of any premises pursuant to the approval ceases for a period of twelve (12)
months.
Additional Conditions – 29 April 2004
21. The “streetside seating area” shown on the development plans is not approved and shall be
deleted from the plans, with the area to remain landscaped with the plantings.
22. The covered area adjacent the function rooms and ornamental pool shall not be enclosed by
louvres and shall remain open on the side, apart from the balustrading proposed.
23. The roof/pergola structure over the poolside deck shown on Drawing No. DA04.01 Revision
B prepared by Designinc Brisbane is not approved and shall be deleted from the plans.
Additional Conditions – 11 November 2016
Approved Plans
24. Development undertaken in accordance with this approval must comply with the approved
plans of development. The approved plans are listed in the following table unless otherwise
amended by these conditions.
Plan No. Rev. Plan/Document Name Date
A.01 1 Site Plan, prepared by Zest Building Design 10.11.2016
Studio
A.02 1 Proposed Floor Plan, prepared by Zest 10.11.2016
Building Design Studio
A.05 1 Elevations, prepared by Zest Building 10.11.2016
Design Studio
A.06 1 Elevations, prepared by Zest Building 10.11.2016
Design Studio
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A.07 1 Section, prepared by Zest Building Design 10.11.2016
Studio
25. The cabana must not be enclosed by permanent fixtures such as shutters, louvres, glass
panelling or the like.
Additional Conditions – 17 July 2025
26. Works approved by change application 132004.240022.2 are to be in accordance with the
following plans.
Plan No. Rev. Plan/Document Name Date
WD.02.15 10 General Arrangement Plan Basement, 20.06.2025
prepared by CE Architects
3.02.00.04 MP C Overall Master Plan, prepared Mitchell & 24.06.2025
Eades
- - Indicative Building Material (Western Received
Terrace) 26.06.2025
Additional Conditions – 10 October 2025
27. Works approved by change application 132004.240022.3 are to be in accordance with the
following plans
Plan No. Rev. Plan/Document Name Date
53.025.B01 A Level 1 prepared by DesignInc Brisbane Pty 04.03.2004
Ltd
WD.03.01
250137 A Site Plan prepared by Richmond and Ross 08.09.2025
CO10
P3275 01 Signage and Linemarking Plan prepared by 09.09.2025
ASON Group
AG01
241424 24 Building Elevations – Hasting Street 03.09.2025
prepared by CE Architects
WD.04.06
Annotated by Council
28. The developer shall provide a minimum of 174 parking bays (with a maximum of 22 bays in
tandem configuration) and 3 loading bays on site. Each car parking space shall not be less
than 5. 5 metres in length and not less than 2.6 metres in clear width. Parking bay dimensions
are to be in accordance with the above, unless otherwise supported in writing by an RPEQ.
Aisle widths are desirable 6.5m width but shall not be less than 6.0 metres as detailed, on
Council’ s Standard Drawing No. 9515. For blind aisles an aisle extension of 2m is to be
provided to permit vehicle manoeuvre out of the end bays. Extra width is required on the end
bay adjoining a blind aisle. Aisle widths are to be in accordance with the above., unless
otherwise supported in writing by an RPEQ.
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Areas on which vehicles will be driven and/or parked are to be provided with a flexible or
other pavement surfaced with bitumen seal coat, asphaltic or other concrete properly
constructed and maintained to good engineering standards to the satisfaction of the Council’s
Engineer. Plans and specifications for such areas including footpath crossings are to be
submitted for approval prior to issue of a Building Permit. Vehicular access to and from the
site is to be designed so as to ensure that sufficient area is available for manoeuvring and
turning to permit forward movement to and from the road.
The entrance to the car park shall have a minimum clearance of 2.1m as defined in Australian
Standard A.S. 2890.1-1986 Car Parking Facilities. Allowance shall be made for required
height of service vehicles, where applicable.
The car park shall be available for use by members of the public. Signposting shall be
provided in accordance with the requirements of the Shire Engineer at the access point.
Parking spaces available for public use inside the building shall be clearly marked. Car Park
entry may be subject to payment of a fee.
5. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. 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
6. PROPERTY NOTES
Not applicable.
7. VARIATION APPROVAL DETAILS
Not applicable.
8. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject
Development Permit for Building Works All building work
9. SUBMISSIONS
Not applicable.
10. 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.
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11. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Matt Pinese
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 3 October 1996 – 23693 DA.
• Decision Notice – Minor – 23693 DA - 29 April 2004 with an amendment to condition 9 and additional conditions 21,22 & 23
• Decision Notice - Minor – 132004.240022.01 – 11 November 2016, add additional conditions 24 & 25.
• Decision Notice - Minor – 132004.240022.02 – 17 July 2025, add additional condition 26.
• Decision Notice - Minor – 132004.240022.03 – 10 October 2025, add additional condition 27 & 28.
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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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