Council archive · source document
Minor Change Existing Approval - 51988.2849.05 (As Published)
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6245
Our Reference: 51988.2849.05
Your Reference: n/a
5 June 2026
Walt Construction Pty Ltd
C/- Across Town Planning
11 Bareki St
WURTULLA QLD 4575
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 19 March 2026, requesting a minor change to an existing
development approval. Council on 2 June 2026 decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51988.2849.05
Street address: On The Beach 49 Hastings St, Noosa Heads Qld 4567
Real property description: BUP 8884
Planning Scheme: Noosa Plan 2020 (26 September 2025)
2. DECISION DETAILS
The following type of approval was issued on 15 March 1988.
• Town Planning Consent TPC 2021 for a Multiple Dwelling of 20 dwelling units, 8 shops and
2 restaurants.
In relation to the request to make a minor change to the existing approval, Council on 2 June 2026,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional condition 58, and
C. Include additional advisory note.
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. Submission to and approval by Council of building plans in accordance with the Building Act,
Council's By laws and Policies, and generally in accordance with the amended plans by Bligh
Jessup Robinson Architects numbered 1-6 and dated 29th February, 1988 approved in this
Consent and the Shire of Noosa Town Planning Scheme, apart from where amendments are
required, or dispensations have been granted in conjunction with this Consent.
2. The plans submitted for Building Approval are to comply with the following:-
a. The restaurant shown as "Shop 1" shall be altered so that a 1.5 metre side building
setback is maintained within 15 metres of the northern boundary.
b. Multiple dwelling units are to be not less than 40 square metres measured to the
satisfaction of the Building Surveyor.
c. Eight (8) shops and two (2) restaurants ("Shop 2" and "Shop 7") are approved under
this application and the plans shall therefore be modified to reduce the number of shops
by one
d. Structures between the 2nd floor and the Roof Level will be modified to provide a
setback in accordance with the Building Act to the satisfaction of the building Surveyor.
e. The gatehouse structure is to be deleted.
3. Provision of at least thirty-one (31) off-street covered car parking spaces, and access thereto
which are to be provided with a sealed pavement and designed, drained, constructed and
maintained in accordance with the Town Planning Scheme, Council's Policies and to the
reasonable satisfaction of the Shire Engineer. Plans and specifications for these works are
to be submitted to the Shire Engineer for approval in conjunction with the Building Application.
4. Payment to Council of $96,000 in lieu of twelve (12) off-street car parking spaces, prior to
issue of building approval.
5. Transit Lounge areas on the first and second levels are approved for use by residents and
staff of the complex. The holding of functions or other similar events where members of the
public are admitted whether or not for a fee are not approved.
6. 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.
7. The open space and setback areas are to be landscaped in accordance with the Noosa
Design Manual and a properly prepared landscaping plan to be submitted to and approved
by the Shire Planner, prior to the issue of a Building Approval. Such landscaping is to be
completed in accordance with the approved landscaping plan, prior to the premises being
occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire
Planner.
8. Existing trees are to be retained, except where required to be removed due to building
operations or the conduct of the approved use.
9. Construction work is permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to
Saturday, except where extended hours are approved by the Building Surveyor.
10. Any advertising sign or device is to comply with the provisions of the Noosa Design Manual.
11. All lots that form part of this application are to be amalgamated in Title, prior to the issue of
a Building Approval.
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12. Payment of contributions in accordance with Council's Policy on Water Supply and Sewerage
Headworks, current at the time of Building Approval. Calculations based upon the current
Policy including Price Index variation as at March, 1988 may be obtained from the Engineering
Department upon request.
If payment is not proposed to be made prior to the issue of Building Approval, a cash bond
or trading bank guarantee for the required amount is to be lodged prior to the release of that
Approval. The contribution is then required to be made within fourteen (14) days of the issue
of Building Approval
13. The footpath to the frontage of the site is to be fully paved to the satisfaction of the Shire
Engineer.
14. The developer shall bear the cost of alteration of any public utility or facilities
necessitated by the development of the land or associated construction works external
to the site.
15. Connection to Council's existing water supply and sewerage reticulation systems at the
developer's expense to the standards and requirements of Council's Shire Engineer.
16. Floor levels for all buildings and other structures, car park areas and fill levels for the site
are to be in accordance with the requirements of the Shire Engineer. Such levels shall
be provided on application to the Council's Engineering Department. Any filling or other
development works undertaken on the site shall becarried out so as not to cause the
ponding of water on any adjoining lands and the blockage or interference with any
natural watercourses. No earthworks or filling works are to be undertaken until issue of
a Building Approval.
17. Roof and surface water is to be collected on site and to be discharged through a single
underground drain line into existing drainage in Hastings Street to the satisfaction of the
Shire Engineer.
18. The roof top terrace shall not contain roofing over structures other than clear acrylic
sheeting placed flat over pergolas to prevent entry of stormwater to spa baths. Such
roofing shall be of the minimum size only needed to prevent such entry, to the satisfaction
of the Building Surveyor. The pergolas shall not intrude into a 40 degree slope line from
the outer edge of the building in accordance with the Noosa Design Manual.
19. The applicant shall construct a walkway along the beach frontage to a design approved
by the Shire Engineer. Council may accept a contribution in lieu of these works.
20. Balconies shall be designed and construction so that access and handrails are a minimum
of 1.5 metres setback from the side boundaries.
21. The existing access through the kerb and channel is to be replaced to the requirements
of the Shire Engineer.
22. Strengthening of the existing rock wall is to be carried out to the requirements of the
Shire Engineer.
23. All sand excavated from the site surplus to the requirements of the building shall be deposited
in an approved manner on the Noosa Main Beach. The building works shall be organised so
that contamination of the sand by foreign materials will be minimised. The contractor is
required to discuss with the Shire Engineer or Building Surveyor, the proposed means of
excavation· prior to any .excavating works proceeding.
24. Contributions for roadworks and landscaping shall be payable in accordance with the draft
Hastings Street Development Control Plan as follows:-
Roadworks and Landscaping - $12,096
Such contribution shall be paid prior to the issue of a building permit.
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25. Submission of two sets of professionally drawn scale plans in compliance with Council's
Code controlling food establishments for approval by Council's Health Surveyor, for any food
premises proposed to be included in the development. Approval is to be obtained prior to
fitting out the building.
26. An annual licence is to be obtained under the Food Hygiene Regulations of 1976 from
Council's Health Department.
27. Provision of approved refuse containers in accordance with the requirements of the Refuse
Management Regulations of 1983 for the storage and collection of refuse to the satisfaction
of Council’s Health Surveyor.
28. Provision of an imperviously pave9, drained and enclosed area to accommodate all refuse
containers to the reasonable satisfaction of Council's Health Surveyor. This area is to be
aesthetically screened from any road frontage or adjoining property boundary and is to be
setback a distance of two (2) metres from any road frontage. A suitable hosecock and hoses
to be located in the vicinity of the refuse container area.
29. Any flat or unit intended to be let out for fee or reward is to be licenced annually with Council's
Health Department in accordance with the provisions of Chapter 43 of Council's By-Laws
prior to such letting.
30. The swimming pool shall be licensed annually with the Council's Health Department in
accordance with the provisions of Chapter 42 of Council's By-Laws.
31. The footpath and setback areas are to be kept clear of goods, signs and street furniture not
approved by Council.
32. Should S.E.Q.E.B. require provision of a transformer, such provision is to be made to the
satisfaction of S.E.Q.E.B. and the Shire Planner. The transformer is not to be located within
landscaping areas unless approved by the Shire Planner.
33. Approval is to be obtained from the Beach Protection Authority for buildings or other
structures proposed to be located within the Coastal Management Control District
34. An identification survey of the subject site is to be carried out by a Licensed Surveyor
and is to be submitted to Council at the time of foundation inspection by Council's
Building Surveyor or immediately thereafter. Such survey shall set out the boundaries of
the site and the position of the buildings on the site.
35. Submission of a cash bond or trading bank guarantee to the sum $50,000, prior to the
issue of Building Approval:
a. against payment of water supply and sewerage headworks charges ($35,000);
b. to secure performance of conditions($15,000);
The cash bond or trading back guarantee may be returned to the applicant upon
payment of the required sums and performance of the conditions of approval.
36. The owner is to request to Council, revocation of TPC 1900 within 60 days of receipt of
building approval.
37. The provisions of this Town Planning Consent are to be effected, prior to the
commencement of the specific use granted under this Consent Council reserves the
right to call upon the bond or guaranteed sum referred to in this approval for the purpos.es
of litigation should the use not be conducted in accordance with this Approval.
38. This Consent may be revoked pursuant to Section 33 (16D) of the Local Government Act if
substantial progress has not been made in the erection of any building or other structures
in. accordance with this Consent or the rights conferred by this Consent are not exercised in
accordance with this Consent within two (2) years of the date thereof.
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Additional conditions - 51988.2849.04 - 11 June 2020
Approved Plans
39. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans. The approved plans are listed in the following table and may be
amended by these conditions and annotations on the plans.
Plan No. Rev Plan Name – Prepared by Date
Staging/Site Plan as annotated by Council,
276_101 P5 08.06.2020
prepared by Maddock
276_102 Pool - Detail Plan as annotated by Council,
P5 08.06.2020
prepared by Maddock
276_103 P5 Pool – Wall Elevations, prepared by Maddock 08.06.2020
Nature and Extent of Approved Use
40. The pergola must remain permeable and constructed with 100mm x 6mm aluminium flat
bars, or the like, in a vertical arrangement, spaced a minimum of 50mm apart.
41. The aluminium bars must be treated so as not to result in glare to surrounding properties
42. Existing landscaping within The Parade must not be damaged, removed or destabilised.
43. No works or storage of materials is to occur within The Parade, unless authorised by a further
permit.
44. The increased height of the wall to the eastern side of the steps is not to exceed the height
of the existing wall on the boundary.
45. The new glazing to the beachfront fence must be transparent and no higher than the existing
glazing.
Additional conditions - 51988.2849.03 - 17 September 2020
Approved Plans
46. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans. The approved plans are listed in the following table and may be
amended by these conditions and annotations on the plans.
Plan No. Rev Plan Name – Prepared by Date
A002 Q Existing Façade, prepared by Kings Lane 05/02/2020
Architects
A100 Q Proposed Refurbishment, prepared by Kings Lane 05/02/2020
Architects
As annotated by Council
A101 Q Proposed GR FLR Refurbishment, prepared by 05/02/2020
Kings Lane Architects
As annotated by Council
A104 Q Proposed Areas, prepared by Kings Lane 05/02/2020
Architects
A300 Q Proposed Section, prepared by Kings Lane 12/02/2020
Architects
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A310 Q Proposed Elevations, prepared by Kings Lane 05/02/2020
Architects
A800 Q Proposed Perspective 01, prepared by Kings Lane 05/02/2020
Architects
A801 Q Proposed Perspective 02, prepared by Kings Lane 05/02/2020
Architects
LD 01 C Landscape Design, prepared by Environmental 3 February 2020
Landscape Planning
Sheet 1 of 4
LD 02 C Landscape Design, prepared by Environmental 3 February 2020
Landscape Planning
Sheet 2 of 4
LD 03 C Landscape Design, prepared by Environmental 3 February 2020
Landscape Planning
Sheet 3 of 4
LD 04 C Landscape Design, prepared by Environmental 3 February 2020
Landscape Planning
Sheet 4 of 4
Nature and Extent of Approved Use
47. The area to be used for outdoor dining is limited to 14.1m2 of use area.
48. No works or storage of materials is to occur within The Parade, unless authorised by a further
permit.
Landscaping
49. The development site must be landscaped in accordance with the Approved Plans.
50. The existing Pandanus trees located within the raised garden beds must be retained in
accordance with the Approved Plans. A Qualified Person* must be engaged for the duration
of the works to:
a. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
b. Provide Council with certification and photographic report on supervising construction
works within the tree protection zone of the retained Pandanus trees, following the
completion of the approved works.
51. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
52. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
53. No signage is to be located within the landscaped areas.
Damage to infrastructure
54. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
55. Where damage occurs to any Council asset as a result of the landscaping works, the damage
must be repaired immediately where it creates a hazard that presents risk to person or
property. Non-hazardous damage must be repaired prior to completion of works.
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Car Parking
56. The applicant must comply with the requirements of any Infrastructure Agreement entered
into with the Council with respect to the payment of car parking contributions in relation to
the proposed development. In the event that the Infrastructure Agreement does not apply a
minimum of one car parking space must be provided and marked on the site and made
available and accessible at all times while the use is open for business.
57. A retaining wall must be maintained for the full length of the property to main beach with
removable flood gates installed or available for installation prior to any significant coastal
storm event to each entry point. These structures must be designed to mitigate the impact of
wave overtopping of the Council controlled beach seawall during a significant event.
Certification must be submitted to Council from a RPEQ which certifies that these structures
meet the requirements of this condition.
Additional condition – 51988.2849.05 - 02 June 2026
Approved Plans - May 2026
58. Additional approved plans are provided in the following table and may be amended by these
conditions and annotations on the plans.
Plan No. Rev Plan Name – Prepared by Date
Zone 1 - Hastings Street Entrances & Atrium
279_206 P2 23.03.09
Roof plan, prepared by Maddock
279_203 Zone 2 - Husk & Copenhagen Roof plan,
P1 23.03.09
prepared by Maddock
279_302.1 Zone 2 - Husk & Copenhagen Wall sections,
P1 23.03.09
prepared by Maddock
279_301.1 Zone 1 - Hastings Street Entrances & Atrium
P1 23.03.09
structure, prepared by Maddock
279_301.2 Zone 2 - Husk & Copenhagen structure,
P1 prepared by Maddock 23.03.09
Annotated by Council
5. REASONS FOR APPROVAL
1. The proposal complies with the Overall Outcomes of the Noosa Heads Locality Code as the
development will provide for entertainment and dining premises, providing interest for visitors
and residents accommodated in the immediate area, whilst outdoor dining facilitates a vibrant
pedestrian friendly streetscape;
2. The development is consistent with the bulk and scale of buildings within proximity to the
subject site, presenting an improved, high quality built form and landscaping along The
Parade, and providing a direct link to Main Beach.
6. REFERRAL AGENCIES
Not applicable.
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7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
1. A Qualified Person, for the purpose of:
a. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
2. Prior to the construction or installation of any awning, shade structure or associated
infrastructure located on, under or over Council-controlled Road, the applicant/owner must
obtain a Permit for Infrastructure Works on or Over a Road from Noosa Council (Property
Section) and any other required approvals, including Building Approval and structural
engineering certification.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building works
11. SUBMISSIONS
Not applicable.
12. 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.
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13. 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,
Andrew Gaffney
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 15 March 1988.
• Decision Notice – Minor – 51988.2849.02 – 27 May 1988, Cancelled.
• Decision Notice – Minor – 51988.2849.04 – 11 June 2020, with additional conditions 39-45.
• Decision Notice – Minor – 51988.2849.03 – 17 September 2020, additional conditions 46-57, include Advisory Note & enter into an
Infrastructure Agreement (car parking)
• Decision Notice – Minor – 51988.2849.05 – 2 June 2026, include additional condition 58 and include additional Advisory Note.
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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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