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Decision Notice - Approved by Delegation of Authority DBW24 0162 (As Published) · DBW24/0162
Officer: Tiani Bird
Direct Telephone: 07 5329 6245
Our Reference: DBW24/0162 & RAP24/0054
Your Reference: 20240862
7 May 2025
S Bishop & TC Bishop
C/- Adapt Development Management P/L
Level 1/103 Sippy Downs Dr
SIPPY DOWNS QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 6 May 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW24/0162
Street address: 4 Pitta St, Peregian Beach
Real property description: Lot 713 P 93127
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Building Work Assessable Against the Planning Scheme -
Additions to Dwelling House (Scenic Amenity & Coastal Protection) & Partial Demolition
Works
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the building commencing, and then compliance maintained at all times while the
use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the works have not substantially started by 6 May 2027,
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
WD.104 DA3 Site Setout 14.04.25
Prepared by Aboda Design Group
WD.201 DA3 Lower Plan – Demolition 14.04.2025
Prepared by Aboda Design Group
WD.202 DA3 Lower Plan - Proposed 14.04.25
Prepared by Aboda Design Group
WD.203 DA3 Main Plan - Demolition 14.04.25
Prepared by Aboda Design Group
WD.204 DA3 Main Plan - Proposed 14.04.25
Prepared by Aboda Design Group
WD.205 DA3 Upper Plan – Proposed/Demoltion 14.04.25
Prepared by Aboda Design Group
WD.206 DA3 Roof Plan – Proposed & Dem’n 14.04.25
Prepared by Aboda Design Group
WD.501 DA3 North Elevations 14.04.25
Prepared by Aboda Design Group
WD.502 DA3 South Elevations 14.04.25
Prepared by Aboda Design Group
WD.503 DA3 East & West Elevations 14.04.25
Prepared by Aboda Design Group
WD.601 DA3 Section A 14.04.25
Prepared by Aboda Design Group
WD.602 DA3 Section B 14.04.25
Prepared by Aboda Design Group
WD.603 DA3 Section C 14.04.25
Prepared by Aboda Design Group
WD.604 DA3 Section D 14.04.25
Prepared by Aboda Design Group
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Building Height
4. The maximum height of the development is to be in line with the existing built height as shown
on the Approved Plans.
Car Parking
5. A minimum of 2 car parking spaces must be provided on site and made available and
accessible at all times for residents.
Lighting Amenity
6. No flood lighting must be used on site. Any vertical illumination resulting from direct, reflected
or other incidental external lighting emanating from the site must not exceed 8 lux when
measured at any point 1.5 metres outside the boundary and at any level from ground level
upward.
Environment
7. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, stormwater drain or adjacent properties.
Landscaping Works
8. A minimum of 20% of the site must be retained as soft landscaping.
9. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
10. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared
d. using low impact construction techniques around vegetation.
11. The development site must be landscaped in accordance with the Noosa Plan for that
specific area and must include:
a. the works shown on the approved plans including a minimum 2.0m wide landscape
treatment along the eastern (seaward) boundary for the full length;
b. landscape species selected from the Noosa Plan 2020 Planning Scheme Policy PSP2
– Landscaping;
c. include a mix of native landscaping, such as ground covers, shrubs and trees, is
provided for provision of adequate landscape buffering to protect the coastal dune
system.
12. 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.
13. All planting areas on the garage roof must be planted and maintained at all times, with
replacement planting undertaken promptly where plants fail or do not have a healthy and
vigorous growth.
Stormwater Drainage
14. Stormwater runoff from the development must be discharged to Pitta Street without causing
scour or damage to the subject site or any adjoining property.
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Damage to Services and Assets
15. 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.
Coastal Protection
16. Any rear fencing adjacent to the beachfront must not exceed 1.2 metres in height, be of open
construction, constructed of light weight materials (eg. timber) and be dark in colour to blend
with the natural landscape.
17. Gates must not be installed along the eastern property boundary to gain direct access to the
beachfront.
18. External colours and finishes must be of muted/environmental tones that blend with the
natural environment and low-reflective roofing and cladding materials.
19. All lighting associated with all works approved as part of this application must be positioned
and managed to reduce sky glow and light spill onto the beach to minimise disruption to turtle
nesting and sea-finding behaviour of hatchlings. Management measures include reduced
intensity, long wavelength lights; shielded, low to the ground, and directed onto areas of
interest; low reflectance building surfaces and paint; and tinted external glass. The following
are to be incorporated into the works approved as part of this application:
a. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
must have 15% visible light transmittance tinting.
b. The number and wattage of lights must be minimised.
c. All lights must be recessed into structures and roof, and directed away from the turtle
nesting habitat.
d. No lighting is permitted on and/or around the roof of the building.
e. External feature lighting to the building must be positioned below 8 metres in height
f. No upward lights or vertical illumination of the building, vegetation or other structures
using lighting that shines into the sky to be used.
g. Pool lighting must be switched off after 8:00pm during nesting and hatching season
(October – May).
h. All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
20. Certification must be submitted to Council which certifies that the lighting requirements of
this Decision Notice have been met.
Demolition of Part of Existing Building
Codes of Development
21. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
Works
22. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
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Waste Management
23. Adequate area must be provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
removal or demolition works.
24. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
25. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work.
Water Quality and Drainage
26. Erosion and sediment control is to be undertaken in accordance with the requirements of the
Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
maintained until soils are stabilised by vegetation or sealed.
NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
Health and Safety
27. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
28. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
29. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
30. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
General
31. Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
32. Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
pre-existing conditions.
Plumbing and Drainage
33. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work
5. REFERENCE DOCUMENTS
Not applicable.
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6. REFERRAL AGENCIES
Not applicable.
7. 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
Fires in Urban Areas
2. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Equitable Access and Facilities
3. 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
Property Driveway and Vehicle Crossover
4. The planning scheme declares for the construction of a driveway and vehicle crossover to
the property to be Accepted Development subject to meeting the requirements of the Low
Density Housing Code. If the proposed driveway and vehicle crossover does not comply with
each Acceptable Outcomes contained in the Code, a Development Permit for Operational
Work is required to be obtained from Council.
Turtle Habitat Protection
5. To minimise the impact of development on turtle nesting sites and the sea-finding behaviour
of hatchlings, the following actions are recommended to be undertaken during construction of
the development:
a. Construction works are to be restricted to daylight hours during the turtle nesting
and hatching season (October – May).
b. Flood lighting must not be used from October – May (turtle nesting and hatching
season).
6. All lighting should be positioned and managed to reduce sky glow and light spill onto the
beach to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings.
Management measures include reduced intensity, long wavelength lights; shielded, low to
the ground, and directed onto areas of interest; low reflectance building surfaces and paint;
and tinted external glass. The following should be incorporated into the development:
(a) All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) to
have 15% visible light transmittance tinting.
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(b) All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) to
be fitted with opaque blinds, to be drawn from 8:00 pm during turtle nesting and
hatching season (October – May).
(c) Indoor and outdoor paint/surfaces/fixtures to be matte and dark in colour and have a
maximum reflectance value of 30%.
(d) All outdoor lights to have a maximum of 2700 K correlated colour temperature (CCT).
All indoor lights to have a maximum of 3000 K CCT. All lighting (interior and exterior) to
avoid the use of halogen, metal halide, or fluorescent lights.
(e) Amber LED (590-610 nm) or low pressure sodium lighting to be used as a standard.
Warm white is to be used only where colour rendition is required. LED lights should not
contain short wavelength blue light and supplier should be asked to provide spectral
power curve of requested LEDs to prove the absence of short wavelengths.
(f) The number and wattage of lights to be minimised.
(g) All lights to be recessed into structures and roof, and directed away from the turtle
nesting habitat.
(h) No lighting should be located on the roof of the building.
(i) All outdoor lights, including balcony lights, to be turned off between 8:00 pm and
sunrise during turtle nesting and hatching season (October – May).
(j) External feature lighting to the building to be positioned below 10 metres in height and
turned off between 8.00 pm and sunrise during turtle nesting and hatching season
(October – May).
(k) Upward lights or vertical illumination of the building, vegetation or other structures using
lighting that shines into the sky should not be used.
(l) Where lighting is required for safety purposes (including all corridors above ground
level, stairwells, entry points etc.), the lighting of these areas should be activated by
proximity sensors or motion detectors with an associated deactivation of the lighting
after no more than 10 minutes during turtle nesting and hatching season (October –
May). For lighting in other areas, timers, proximity or motion activated light sensors
should be used wherever possible.
(m) Decorative outdoor lighting should not be fitted to the buildings, open space or
recreation areas (e.g. Fairy/Christmas lights) during nesting and hatching season
(October – May).
(n) Pool lighting to be switched off after 8:00 pm during nesting and hatching season
(October – May).
(o) All exterior lighting to be shielded by a minimum of 30 cm vertical shielding.
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 Operational Works Access
Development Permit for Building Works All building work
11. SUBMISSIONS
Not applicable.
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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.
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,
Tiani Bird
Development Planner
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
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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