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Other Change Decision Notice - Council Meeting Decision 132007 2446 05 · 132007.2446.05
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6245
Our Reference: 132007.2446.05
Your Reference: 002662
27 August 2025
Flashpackers Noosa Pty Ltd Tte
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD 4567
[email protected]
Dear Russell,
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 21 August 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132007.2446.05
Street address: 102 Pacific Ave, Sunshine Beach Qld 4567
Real property description: Lot 162 SP 307694
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 17 August 2009.
• Development Permit for Material Change of Use - Visitor Accommodation Type 4 -
Conventional (Visitor Hostel)
In relation to the request to make an Other Change to the existing approval, Council on 21
August 2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change;
B. Include additional conditions 104 – 123;
C. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016, and;
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
General
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following
table and may be amended by these conditions.
Plan No. Rev. Plan / Document Name Date
09-801 – P7 – S1 G Site Plan (2 Stages) – Garry 11/11/2009
Wilbraham Designs
07-011 - P4.10 B Rendered Views – Garry 17/09/2008
Wilbraham Designs
07-011 - P4.11 B Rendered Views – Garry 17/09/2008
Wilbraham Designs
09-801 – P2 – S3 G Upper Floor Plan – Garry 10/11/2009
Wilbraham Designs
09-801 – P2 – S2 G Lower Floor Plan – Garry 10/11/2009
Wilbraham Designs
07-011 – P3 – S1 B Elevations – Elevation 1 – Garry 11/09/2008
Wilbraham Designs
07-011 – P3 – S2 C Elevations – Elevation 2 – Garry 11/06/2009
Wilbraham Designs
07-011 – P1 – S2 C Site Parking – Garry Wilbraham 16/04/2009
Designs
2. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
3. The premises are to be identified by the provision of a street number in a prominent
location to ensure it is identifiable to all persons, particularly emergency services
personnel.
4. Alcohol shall not be sold on the premises.
5. Amplified music must not be audible at the boundaries of the site between 10pm and
7am.
6. The developer must obtain all of the other Development Permits referred to in the
Decision Notice, prior to obtaining a Development Permit for Building Works.
Building Design
7. External lighting associated with the use shall be designed, installed, operated and
maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of
Outdoor Lighting.
8. Additional timber screening shall be incorporated across the northwestern section of the
Block A patio to a minimum height of 1.8m high in order to reduce overlooking to the
neighbouring property to the north.
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Energy Efficiency
9. All hot water systems installed shall be either solar systems; electric heat pump systems;
or gas systems (LPG or natural).
10. All new kitchen, laundry and bathroom fittings shall comply with the AAA Water
Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products
- Rating and Labeling 2003) and AS/NZS 3500 (National Plumbing and Drainage
Standard Part 1), with toilets to comply with the AAA Water Conservation Rating System.
All new tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
Dishwashers and washing machines are excluded from this requirement.
End of Trip Facilities
11. Secure bicycle racks shall be provided on site to accommodate a minimum of 12
bicycles. The proposed bicycle racks shall be identified on the landscaping plans and
shall be located to the reasonable satisfaction of Council.
Advertising Signage
12. Any advertising sign or device is to comply with Council's policies on advertising.
13. All signage and entrance statements are to be located entirely within privately owned
land.
Fencing
14. All fencing shall be setback at least 1 metre from the front property boundary, with at
least half of the fencing setback 2 metres. The area of land between the fence and the
front property boundary shall be densely landscaped to screen any fencing from the
street.
15. Any fencing shall be of timber construction or, where metal, concrete or masonry
materials are used, shall include timber koala poles of at least 200mm diameter at
minimum centres of 10m to allow for the movement of koalas across the site.
Landscaping
16. The open space and setback areas are to be landscaped in accordance with Council’s
Policy on Landscaping Guidelines and a properly prepared landscape plan. Such
landscaping is to be completed prior to the premises being occupied and maintained at
all times thereafter. The Landscape Plan shall include at a minimum:
a. Dense screening vegetation is to be provided within the front setback which will
be suitable for planting under power lines in coastal areas.
b. Native screening vegetation a minimum of 1m in width, shall be provided between
buildings as well as along the side and rear boundaries.
c. Existing koala habitat trees located along the southern property boundary are to
be retained, where practical. If the retention of any of the subject trees is not
possible, the applicant is to replant 2 x 45 litre trees along the southern boundary
of either Angophora, Corymbia, Eucalyptus, Lophostemon and/or Melaleuca
species.
d. Cleared vegetation is to be suitably processed by one of the following methods
and removed from the site:
e. Processing through a woodchipper or shredder. The resulting mulch is to be
stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres
high with a minimum of 10 metres between edges of heaps.
f. Disposal for firewood.
g. Disposal for landscaping purposes.
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h. Transport to alternative site for breaking down materials provided that all
necessary permits have been obtained to allow the alternate site to be used for
this purpose.
i. The disposal method for clearing works is to be submitted in conjunction with an
application for a Development Permit for Operational Work. The Applicant is
advised that other methods may be considered provided full details of the method
are submitted.
The Applicant is advised that burning off is an unacceptable method of disposal.
Security Bond
17. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for operational works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit.
18. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred
to in this approval to effect compliance with conditions.
Relevant Period
19. The Development Permit for a material change of use of premises lapses if the use has
not happened by 17 August 2013, unless an application to extend the relevant period
is approved by Council.
Frontage Works
20. Footpath improvements such as topsoiling, grassing, and tree planting are required to
the frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping
Plants & Guidelines. Grass shall be couch, free of weeds.
21. The applicant shall be responsible for providing an edge-of-road yellow line marking
between the proposed Entry and Exit driveways from the site to indicate “No Parking”
area. The line marking shall be provided in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) Part 3 and shall be indicated on the plans submitted for
Development Permit for Operational Works.
22. All paths, ramps, driveways and parking areas shall be designed and constructed to
ensure pedestrian safety using non-slip materials, to produce an evenly graded surface
finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian
Standard 1428.1 Design for Access & Mobility.
23. All redundant vehicular crossings to the site shall be removed and replaced by kerb &
channel, footpath paving and landscaping such as trees and grasses in accordance with
Council’s Standard specifications prior to commencement of the use permitted by this
permit.
24. The applicant shall replace the existing length of the kerb line between the proposed
driveways (Entry and Exit).
Roof Water & Stormwater Drainage
25. Roof runoff from any new building shall be directed to a rainwater storage system or
tank that is installed to ensure water from the rainwater storage system or tank is used
for external uses (such as watering gardens, irrigation, ornamental ponds, water
features, topping-up swimming pools, outdoor cleaning, etc) and for internal (ground
floor) use in washing machine cold taps and toilet cisterns. All rainwater tanks are to be
designed and installed in accordance with the Queensland Development Code (QDC)
current at the time of building approval, and shall be part of the plumbing application for
approval. The location and capacity of the tanks shall be clearly shown on the plans
submitted for Building Works and Operational Works approval and any overflow shall be
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directed to the road frontage/the stormwater drainage system/etc located in Pacific
Avenue.
26. All stormwater drainage (including roof water overflow from the rainwater storage
system) shall be collected and discharged so there is no net increase in stormwater
runoff from the site. Stormwater drainage permitted to drain from the site shall be
discharged into Council’s existing drainage structure (drainage pit at the frontage of the
site in Pacific Avenue). Plans of the drainage design shall be prepared by a Registered
Professional Civil Engineer and submitted to Council prior to obtaining a Development
Permit for Operational Works.
27. The applicant shall ensure that the development will not adversely impact on the
drainage conditions on other properties. As the there will be significant filling and a
potential for obstruction to the natural stormwater runoff from adjoining properties, where
applicable appropriate stormwater drainage pipes shall be installed within the site to
collect and discharge stormwater runoff from adjoining properties to prevent additional
ponding/flooding on other properties or diversion of stormwater runoff onto other
properties. A Development Permit for Operational Works shall be required.
28. To ensure that polluted run-off does not enter Council’s stormwater drainage system,
stormwater run-off from the carparking areas and the driveways shall have the first flush
(the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor/gross pollutant
trap provided on site prior to being permitted to discharge into Council’s drainage
system.
All other clean stormwater, such as roof water, can be collected on site and discharged
through a single underground drain line directly into the existing drainage system,
bypassing the grease/oil arrestor/gross pollutant trap. To this end, a detailed
maintenance plan shall be prepared for the proposed grease/oil arrestors/gross pollutant
trap, which shall be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the on going maintenance
scheme for the development and a copy of this shall be provided for Council’s records
prior to commencement of the approved Use. A Development Permit for Building Works
shall not be granted until a Development Permit for Operational Works has been issued
in regard to the drainage scheme.
29. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
30. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to
Council.
31. The existing sewer main that traverses the site and the sewer main that runs in the
adjoining property at the rear of the site and the ‘zone of influence’ (taken as the area
within a 45-degree angle measured from the invert of the sewer main to the finished
surface level) shall be accurately located and determined by a licensed Surveyor and
shown on all plans submitted for Operational Works approval.
To ensure Council’s sewer main is accessible for maintenance purposes and is
protected from risk of damage no structures requiring a building permit (eg. buildings,
swimming pools, retaining walls exceeding 1m in height, raised terraces, etc) shall be
constructed within this ‘zone of influence’ or within 1.5m of the centreline of the sewer
main, whichever is the greater. As such the applicant shall amend Operational Works
plans including Building plans to ensure compliance.
Service Easements (Sewer)
32. A registered easement shall be created over the zone of influence of all sewers within
the subject site and over those parts of the subject site that are impacted upon by sewers
on any adjoining sites. The easements shall generally be parallel to and centred over
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the sewer main and be equivalent in width to twice the depth to invert level of the sewer
at the deepest point within the allotment (measured from the finished surface) and be
no less than 3.0m wide overall. In this regard a licensed surveyor shall accurately locate
all sewer mains and determine the necessary width of the easement, which shall be
shown on any plans submitted for Operational Works / Building Works approval. To this
extent the surveyor shall certify that the sewer and the zone of influence is wholly
contained within the easement to be created.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at
the Land Titles Office and any additional Titles Office forms or requisitions requiring the
consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to
the use commencing. Any changes required by Council’s Solicitor must be corrected
immediately.
33. No building or other structure shall be constructed or encroach over an easement.
Town Water Supply
34. The site shall be connected to Council’s existing town water supply and be constructed
in accordance with Council’s standards and requirements at no cost to Council.
35. Each individual water connection to the water reticulation system shall extend to the
property boundary and be metered. All fees for the supply of water meters shall be paid
to the Council.
36. All water meters must be located outside the property boundary and in an easily
assessable location to facilitate unhindered reading by Council and/or Council’s
contracted water meter readers, and not behind fences or locked gates. In this regard
approval of the water meter configuration and location must be obtained from Council’s
Water & Sewerage Capital Works Manager prior to lodgement and approval of hydraulic
drawings.
Earthworks
37. Any filling works required on site shall be carried out in accordance with Council’s
Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the
additional ponding of water on any adjoining lands or the blockage of, or interference
with, any natural stormwater runoff.
38. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences or structures that border the development site. Fences that are affected shall be
replaced prior to the Building Certifier issuing the Certificate of Classification. In this
regard any fences to be replaced shall be clearly shown on the plans submitted for
Operational Works approval.
Erosion and Sediment Control
39. Any person acting on this permit shall prevent erosion and sediment export from leaving
the site. Site control measures such as silt fencing, controlled gravel access to the site
and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are
required to be submitted to the Council for approval prior to obtaining a Development
Permit for Operational Works.
Vehicle Access and Car Parking
40. A vehicular access driveway and carparking on the site shall be constructed generally
in accordance with plan titled Site-Parking numbered P1 Sheet S2 issue C dated
16/04/09 and as amended by Council in red. A Development Permit for Operational
Works shall be required.
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41. The driveway shall be designed and constructed to Council’s design standards and to
grades that prevent vehicles from scraping and/or bottoming whilst also allowing
pedestrians movements along the footpath without any step or level difference. Should
any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004
and AS 2890.2-1989, Council will require that the driveway be removed and
reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath must be avoided, as it is
preferred to have the footpath continue at a constant grade to minimise the potential for
pedestrians to trip or fall.
42. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
footpath, the driveway and any associated fencing or vegetation near the driveway shall
comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
The applicant shall demonstrate compliance by illustrating these sight lines on the plans
submitted for both Operational Works approval and Building Works approval.
43. All vehicles shall enter and leave the site in a forward direction.
44. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-
2004 for user class 2 with allowance for vehicles to enter and leave the site in a forward
gear and with a minimum head clearance (headroom) at any point of 2.3m.
45. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Contributions Towards Council Infrastructure
46. Monetary contributions shall be paid to Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An
estimate only of the contribution amounts are outlined in the table below:
Contribution Required For: Stage 1: Stage 2:
PSP 12 – Public Open Space Contributions $14,594 $16,455
PSP 16 - Sewerage Headworks Contributions $17,505 $18,973
PSP 17 - Water Supply Headworks Contributions $28,507 $31,508
PSP 20 - Pathway Trunk Network Contributions $3,280 $3,699
TOTAL Contribution Amount = $63,886 $70,635
Please note, that these amounts are all subject to variations in the Consumer Price
Index, All Groups Brisbane from September 2009 until the date of payment.
All contributions must be paid prior to commencement of the use.
General
47. A Construction Management Plan for each separate demolition and construction phase
of the development shall be submitted to and approved by Council at least 5 working
days prior to the commencement of any Demolition or Building works or at least 5
working days prior to the pre-start meeting for Operational Works. The Construction
Management Plan shall include but not be limited to:
a. Traffic control measures to ensure safety and traffic flow is maintained in Pacific
Avenue;
b. Limiting the routes for the heavy vehicles to the major road network and prohibit
the use of the local roads;
c. Maintaining pedestrian access and safety along the frontage of the site;
d. Indicate provision for on-site and off-site parking for the required workforce;
e. Indicate the location of loading and unloading areas,
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f. Indicate the location of any “holding” areas for heavy vehicles;
g. Operating hours and
h. Strategy to protect Council’s existing infrastructures.
48. Any damage caused to any public utility (eg pipelines, drainage pits, pathways, roads
etc) during the course of construction shall be repaired to Council’s standards and at no
cost to Council.
49. Any alteration of any public utility or other facilities necessitated by the development of
the land or associated construction works external to the site shall be at no cost to
Council.
50. The transportation of all materials to and from the site shall be undertaken in a manner
such that no particle matter escapes onto a public road. All vehicles carrying materials
either to or from the site shall be covered to prevent materials including dust being
windblown from the vehicle.
Refuse
51. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial
and Industrial Premises”, including an external imperviously paved area correctly sized
for all refuse and recycling containers and suitably screened from public places and
neighbouring properties. A bin wash area is required with a cold-water tap, hose and
drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to
prevent storm water entry to the sewerage system and this can be achieved with a nib
wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste
area can be roofed, or any other design approved by Council.
52. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
53. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy
No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”,
must be submitted for the day-to-day operation of the development and approved by
Council’s Health Section prior to issue of development permit for operational works.
It is critical that waste areas are properly planned. A copy of Planning Scheme Policy
No. 9 explaining exactly how to predict waste quantities and design waste areas is
available from Council and the web. The Plan shall include the following information: -
• The types of waste that will be generated from the activities approved within the
development.
• Estimated volumes or tonnage of both recyclables and waste generated.
• Methods to be used for dealing with garden waste.
• Initiatives to minimize waste either by waste prevention, reduction, re-use or
recycling.
• Description of procedures for getting all waste to the bins; the storage of bins and
the collection of bins by the contractor.
• A description of the design details of waste storage and recycling areas including
size, location, elevation and floor plan, methods of bin washing and system to
prevent storm water getting into sewer via the bin wash.
• A description of types and volume of waste storage containers to be used.
• The waste and recycling storage area shall include the provision of containers for
all waste and recycling materials including putresable matter, non-recycling waste,
paper/ cardboard, glass, aluminum/steel cans, waste oil, styrofoam boxes, etc,
and bin washing facilities connected to sewer.
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• A detailed description of vehicular access to collect waste. Where collection is off
street, access must allow vehicles to enter and leave the site in a forward direction.
54. A Waste Management Plan (construction and demolition) shall be submitted prior to
demolition, removal or relocation of any building other than a shed
Waste Management Plans (construction and demolition) are required to be submitted in
accordance with Planning Scheme Policy 11, Waste Management Plans see table
below.
Waste storage areas are to provide for adequate separation of all reusable, recyclable
and waste materials. These shall be located so that they are convenient and safe to use.
(Refer to Noosa Council Waste Management Code)
The Plan shall contain the following information:
• The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.
• A waste management table as indicated below is to be completed showing how
waste material is to be segregated - recycled – reused or disposed.
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected Estimated On-site Off-site *specify
waste volume *specify *specify contractor
materials (m³) proposed contractor and
re-use or and landfill
on-site recycling site or
recycling outlet other
methods disposal
site
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table
is to be completed by the demolition contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste
for the effective reuse and recycling of such materials. Additionally Council rewards
those who segregate waste by significantly reducing disposal fees at the landfill some
items are free. Higher gate fees are charged for loads of mixed waste.
Noise
55. Noise emission from mechanical equipment (air conditioners, refrigeration equipment or
pool pumps etc) shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise
in accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement
Notices (on-the-spot fines) may apply for offences.
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A person must not use equipment on any day if it makes or causes noise to be made -
From 10pm to 7am: More than the lower of either –
• 40 dB(A)
• 3 dB(A) above the background noise level
• No audible noise for pool pumps apply during these hours.
From 7am to 7pm: More than the lower of either –
• 50 dB(A)
• 5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
56. Submission of written certification from a suitably qualified person confirming that the
noise levels from all mechanical equipment comply with the cause above when
measured at either the residential boundary or outside the most exposed part of an
affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building, and in a format approved by
Council. This assessment must take into account noise from any other fixed equipment
on the property e.g. swimming pool pump, heating/cooling equipment, etc that may
increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation
Is involved at the plan development stage so they can recommend where this equipment
is best located. They can also advise about noise enclosures and can make other
suggestions to avoid noise problems. It is a lot more costly to try and deal with noise
problems after everything is built.
57. All noise controlled measures set out in the Environmental Noise Level Study for
Proposed Residential Budget Accommodation – Development, 102 Pacific Avenue,
Sunshine Beach (Report No: R09043/02260/Rev.0/23.04.09) shall be incorporated into
the development.
Written certification shall be submitted from an Acoustic Consultant after completion of
works confirming that these noise control measures have been incorporated into the
development.
58. All external facing windows to the south east and north east elevations of the buildings
shall be double glazed (or equivalent sound suppressant construction approved by
Council), so as to minimise the impacts of sound emanating from the development.
59. Noise from building works associated with residential development shall comply with the
following –
59.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
59.2. All reasonable measures are taken to minimise noise emissions.
59.3. Not permitted on Sunday or public holidays
Additional Conditions – 17 December 2009
60. Prior to the commencement of the use of each stage of development, the required
contributions shall be paid to Council.
61. All access, carparking, stormwater, landscaping, frontage works, water and sewer works
are to be constructed prior to the commencement of the use of stage 1.
62. Stage 2 is to be constructed within 4 years of the use of stage 1 commencing.
63. Suitable dense screening vegetation is to be provided around the building pad of stage
2. A temporary landscaping plan is to be submitted and approved by Council prior to the
commencement of the use of stage 1.
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Additional Conditions – 15 November 2018
When Conditions must be Complied With
64. 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.
Approved Plans
65. Development undertaken in accordance with this approval must generally 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
18101-01 P Site Plan, by PJ concepts and design 09.07.2018
18101-02 P Landscape Plan, by PJ concepts and design 09.07.2018
18101-03 P Floor Plan – Lot 106, by PJ concepts and design 09.07.2018
18101-04 P Elevations –Sheet 1, by PJ concepts and design 09.07.2018
Noise barrier plan
Nature and Extent of Approved Use
66. An additional 21 beds are approved for the Visitor Accommodation Type 4 –
Conventional (visitor hostel). The total number of beds approved are 69 and one
manager’s unit.
67. The approved accommodation units must be used for short term visitors only. The
approved units must not be occupied by persons for the purpose of permanent
accommodation.
68. Amplified music must not be audible at the boundaries of the site between 10pm and
7am.
Landscaping
69. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval, the Planning Scheme Policy 3
Landscaping Plants and Guidelines for Sunshine Beach and must include in particular:
a. the works generally shown on the approved site plan including:
i. A minimum 1.0 metre wide landscaping strip along the northern side
boundary of the subject site, exclusive of the access driveway, generally
uncompromised by infrastructure items designed such that vegetated
screening will be provided within 3 years of the plantings occurring.
ii. A minimum 2.0 metre wide landscaping strip along the full extent of the
eastern boundary designed such that vegetated screening will be provided
within 3 years of the plantings occurring.
iii. Vegetated screening of any electrical transformers, bin storage areas and
the like from the road frontage
iv. Provision of 1 street tree within the road reserve for every 8 metres of road
frontage including landscaping to the crossover works
v. Trees on the northern boundary must be retained to provide visual screening
of the development. Where civil works impact on the capacity to retain the
tree, the tree may be removed and replaced with a tree of a minimum pot
sized 100 litres.
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70. 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.
Performance Bond
71. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Operational Works. The cash bond or
trading bank guarantee will be returned on performance of the conditions of approval
less any costs incurred by Council in respect of enforcing performance of this permit.
Council reserves the right to call upon the bond or guaranteed sum to effect compliance
with conditions.
Water & Sewer Connections
72. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
73. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the development site.
Building Appearance
74. All air conditioning units or other mechanical equipment must be located at ground level,
or otherwise fully enclosed or screened such that they are not visible from the street
frontages nor adjoining properties.
75. All deck and balcony areas above ground floor must not be enclosed by permanent
fixtures such as shutters, louvres, glass panelling or the like, except where required to
satisfy any privacy condition of this Decision Notice.
Advertising Devices
76. Advertising devices must comply with the requirements of the Advertising Devices Code.
77. Construction signage, including that on hoardings, shade cloth and cranes but not
including statutory safety signage, shall not exceed a total of 4m2 to each of the site’s
street frontages.
Fencing and Walls
78. Any street fencing must be setback an average of 1 metre from the front property
boundary. Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
79. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Clothes Drying Areas
80. Each rooming unit must be provided with access to an outdoor clothes line which is
screened from public view.
Protection of Privacy
81. To ensure privacy is protected between adjoining properties, any window/s, deck or the
like that overlooks or has the potential to overlook the private open space or habitable
room windows of neighbouring properties must either:
a. have a minimum window sill height or 1.5 metres above floor level
b. be fitted with translucent glazing
c. be fitted with a fixed external screen
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Communal Recreation Areas
82. Communal recreation area/s must be provided as shown on the approved plans.
Amalgamation of Lots
83. Lot 164 on RP 94566 and Lot 163 on RP 897370 must be amalgamated prior to the
commencement of use.
ENVIRONMENTAL HEALTH
Amenity
84. The development must be undertaken and operated 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.
Noise Nuisance
85. Noise emission from mechanical equipment shall comply with the following
requirements:
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum background + 5dB(A)
ii. 10pm to 7am: Maximum background + 3dB(A)
b. Pumps
i. 7am to 7pm: Maximum background + 5dB(A)
ii. 7pm to 10pm: Maximum background + 3dB(A)
iii. 10pm to 7am: No audible noise.
86. Submission of written certification from a suitably qualified person confirming that the
noise levels from all mechanical equipment comply when measured at either the
residential boundary or outside the most exposed part of an affected building, whichever
is the closest to the equipment.
The assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building, and in a format approved by
Council. All equipment should be operating at the same time to test the overall noise
level created.
87. Entertainers or speakers used to amplify noise must not be located in any of the outdoor
recreational areas.
88. Prior to the use of the building situated at 106 Pacific Avenue for the purpose of visitor
accommodation noise barrier fencing must be erected in accordance with the approved
Noise barrier plan.
89. Between the hours of 9pm to midnight the night manager must have the reception phone
with them. From midnight the phone must be diverted to a security team response
number.
90. The courtyard of the manager’s unit situated at 106 Pacific Avenue must not be used
between the hours of 9.00pm and 6.00am.
91. The pool and associated deck area must not be used between the hours of 9.00pm and
7.00am.
Outdoor Lighting Devices
92. Lighting associated with the use must be designed, sited, installed and tested to comply
with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive
effects of outdoor lighting” using a control level of 1.
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93. Certification must be submitted to Council from a qualified person which certifies that all
outdoor lighting devices comply with the requirements of this Decision Notice at the time
of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a qualified
person is:
a. Registered Professional Engineer of Queensland;
b. an environmental or electrical design consultant with a minimum of 3 years current
experience in the field of outdoor lighting.
WASTE
94. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 "Waste Management Multi-Dwellings and Commercial
and Industrial Premises". The facilities must include an external impervious area
correctly sized for all refuse and recycling containers and suitably screened from public
places and neighbouring properties. A bin wash area is required with a cold-water tap,
hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be
designed to prevent storm water entry to the sewerage system. This can be achieved
with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m2) , or alternatively
the waste area can be roofed, or any other design approved by Council.
95. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
96. Bins must be provided throughout the site to reduce littering. All bins provided must be
for refuse and recycling and be decanted into the bulk bins by the site operators.
ENGINEERING
Site Access and Driveways
97. A sealed access driveway must be provided from Pacific Avenue to all parking and
manoeuvring areas of the development. The new works proposed to access No 106
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. a driveway crossover generally in accordance with Council’s Standard Drawings
RS-051 and the associated addendum
b. the works must match neatly with existing road and verge/footpath features.
Additional works beyond the driveway may be required to provide an acceptable
transition to existing road and verge/footpath profiles
Car Parking
98. A minimum of an additional 2 car parking spaces must be provided and marked on the
site. The works must include dimensions, crossfalls and gradients in accordance with
Australian Standard AS2890: Parking Facilities for the relevant user class
99. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
100. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Pedestrian and Bicycle Facilities
101. Pedestrian and bicycle facilities must be provided for the development. The works must
be undertaken in accordance with an Operational Works approval and must include in
particular the replacement of the existing bitumen sealed path in the frontage of No. 106
Pacific Avenue with a concrete path and must extend to the existing driveway in the
frontage of 108 Pacific Avenue. The new path must be the same width as the existing
path.
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Stormwater Drainage
102. Stormwater runoff from the development must be connected to the existing stormwater
drainage systems within the sites.
Damage to Services and Assets
103. 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.
Additional Conditions – 21 August 2025
104. An additional 11 beds are approved for the Visitor Accommodation Type 4 Conventional
(Hostel Accommodation). The total number of beds approved are 80 and one manager’s
unit.
Note: A single bed = 1 bed, a double bed = 2 beds
105. A maximum of 80 persons may be accommodated associated with the approved visitor
accommodation use.
This does not include the occupation of the managers unit.
106. A maximum of 20 persons can use the communal area at any one time.
Approved Plans
107. Development undertaken in accordance with this approval must generally 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
23110-01 P3 Site Plan concept – prepared by PJ concepts 21.02.2025
and design
As annotated by Council
23110-02 P2 Ground Floor Plan existing – prepared by PJ 19.03.2024
concepts and design
As annotated by Council
23110-03 P2 1ST FLOOR – CONCEPT - prepared by PJ 19.03.2024
concepts and design
23110-04 P2 ELEVATIONS – SHEET 1 CONCEPT - 19.03.2024
prepared by PJ concepts and design
As annotated by Council
23110-05 P2 ELEVATIONS – SHEET 2 19.03.2024
CONCEPT – prepared by PJ concepts and
design
As annotated by Council
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23110-06 P2 SECTIONS – prepared by PJ concepts and 19.03.2024
design
Landscaping
108. The development site must be landscaped. The works must be undertaken in
accordance with the approved plan 23110-01 Rev P3 dated 21/02/2025 and the Noosa
Plan for that specific area and must include in particular:
a. the works shown on the Approved Plans
b. Syzygium austral are be planted along the boundary west of Park 1 and the
existing driveway in accordance with Council’s Planning Scheme Policy PSP2 –
Landscaping. The vegetation planted must have a minimum pot size of 300mm
with an average spacing of 1 metre.
c. 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.
109. Prior to commencement of use the following must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with
conditions of this approval.
Acoustic Attenuation
110. Before the use commences acoustic attenuation to the side and rear boundaries and
building envelope must be completed in accordance with the Noise Control, Conclusions
and Recommendations of the Environmental noise level impact assessment Report
Number R25048/ D3966/ Rev 1/ 23.05.25 prepared by David Moore and associates.
Performance Bond (applicable to application – 132007.2446.05)
111. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Operational Works. The cash bond or
trading bank guarantee will be returned on performance of the conditions of approval
less any costs incurred by Council in respect of enforcing performance of this permit.
Council reserves the right to call upon the bond or guaranteed sum to effect compliance
with conditions.
Building Appearance
112. All air conditioning units or other mechanical equipment must be located at ground level,
or otherwise fully enclosed or screened such that they are not visible from the street
frontages nor adjoining properties.
Protection of Privacy
113. All windows to the northern and eastern elevation of the new upper level must be fixed
and non-openable in accordance with the Noise Control, Conclusions and
Recommendations of the Environmental noise level impact assessment Report Number
R25048/ D3966/ Rev 1/ 23.05.25 prepared by David Moore and associates.
114. To ensure privacy is protected between adjoining properties, any window/s, deck or the
like that overlooks or has the potential to overlook the private open space or habitable
room windows of neighbouring properties must either:
a. have a minimum windowsill height or 1.7 metres above floor level.
b. be fitted with translucent glazing.
c. be fitted with a fixed external screen.
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ENVIRONMENTAL HEALTH
Amenity
115. The development must be undertaken and operated 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.
ENGINEERING
Site Access and Driveways
116. A sealed access driveway must be provided from Pacific Avenue to all parking and
manoeuvring areas of the development. The new works proposed to access No 106
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. a driveway crossover generally in accordance with Council’s Standard Drawings
RS-051 and the associated addendum
b. the works must match neatly with existing road and verge/footpath features.
Additional works beyond the driveway may be required to provide an acceptable
transition to existing road and verge/footpath profiles
Car Parking
117. All vehicles, excluding passenger vehicles accessing car parks 1 & 2, must enter and
exit the site in a forward gear.
118. The internal access driveway servicing car parks 1 and 2 and the hardstand for 1 new
car space adjacent to the frontage of the site must be constructed generally in
accordance with the approved plans.
119. Carparks 1 and 2 must be constructed generally in accordance with the approved plans
and AS/NZS2890.1 at the time of the construction, including the relocation of car park 1
further eastward by 500mm.
120. An additional 2 bicycle and 2 motorcycle spaces are to be provided within the site.
121. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Stormwater Drainage
122. Stormwater runoff from the development must be connected to the existing stormwater
drainage systems within the sites.
Damage to Services and Assets
123. 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 DESPITE CONFLICT WITH THE PLANNING SCHEME
Find the following matters relevant to the assessment and sufficient reason to approve the
application:
a. The proposed development will occur within a site already approved for visitor
accommodation.
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b. A range of visitor accommodation is needed within the Shire. The relatively minor
increase in bed numbers for the site can be appropriately incorporated while
managing impacts.
c. The proposed development height complies with the Low Density residential zone
maximum height of 8.0 metres above ground level.
d. The proposed development setbacks to side and rear boundaries comply with the
Low Density residential zone code.
e. The proposed development on site car parking provision complies with Noosa plan
2020 Works code - Driveways and parking code.
f. The applicant has prepared a site-specific acoustic assessment which has been
peer reviewed. The peer review supports the recommendations of the acoustic
assessment which have been included within the conditions of the approval.
6. REFERENCE DOCUMENTS
Reference Revision Title Date
number
R25048/D3966 Rev.1 Environmental Noise Level Impact 23.05.25
Assessment for Proposed Addition of
Second Floor to Block C and Associated
Increase to Bed Numbers for
Flashpackers, 102 and 106 Pacific
Avenue, Sunshine Beach
7. COMBINED APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the
following table:
Plan / Document No. Rev. Plan / Document Name Date
09-801 – P7 – S1 G Site Plan (2 Stages) – Garry 11/11/2009
Wilbraham Designs
07-011 - P4.10 B Rendered Views – Garry Wilbraham 17/09/2008
Designs
07-011 - P4.11 B Rendered Views – Garry Wilbraham 17/09/2008
Designs
09-801 – P2 – S3 G Upper Floor Plan – Garry Wilbraham 10/11/2009
Designs
09-801 – P2 – S2 G Lower Floor Plan – Garry Wilbraham 10/11/2009
Designs
07-011 – P3 – S1 B Elevations – Elevation 1 – Garry 11/09/2008
Wilbraham Designs
07-011 – P3 – S2 C Elevations – Elevation 2 – Garry 11/06/2009
Wilbraham Designs
07-011 – P1 – S2 C Site Parking – Garry Wilbraham 16/04/2009
Designs
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18101-01 P Site Plan, by PJ concepts and design 09.07.2018
18101-02 P Landscape Plan, by PJ concepts and 09.07.2018
design
18101-03 P Floor Plan – Lot 106, by PJ concepts 09.07.2018
and design
18101-04 P Elevations –Sheet 1, by PJ concepts 09.07.2018
and design
Noise barrier plan
23110-01 P3 Site Plan concept – prepared by PJ 21.02.2025
concepts and design
As annotated by Council
23110-02 P2 Ground Floor Plan existing – 19.03.2024
prepared by PJ concepts and design
As annotated by Council
23110-03 P2 1ST FLOOR – CONCEPT - prepared 19.03.2024
by PJ concepts and design
23110-04 P2 ELEVATIONS – SHEET 1 19.03.2024
CONCEPT - prepared by PJ
concepts and design
As annotated by Council
23110-05 P2 ELEVATIONS – SHEET 2 19.03.2024
CONCEPT – prepared by PJ
concepts and design
As annotated by Council
23110-06 P2 SECTIONS – prepared by PJ 19.03.2024
concepts and design
8. REFERRAL AGENCIES
Not applicable.
9. ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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
2. The applicant is advised that development contributions and infrastructure charges
applicable to this development approval have been based on the following Uses Class/
Uses and applicable quantities:-
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Existing Development Approved Development
Existing Use Class / Approved Use Approved
Existing Quantity
Use Class / Use Quantity
Visitor 48 beds + 1 x 1
Detached House 1 Dwelling Accommodation - Bedroom
Type 4 - Hostel Manager Unit
3. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan and is subject to variations in the Consumer Price Index,
All Groups Brisbane from September 2009 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the
Integrated Planning Act 1997. An estimate only is outlined in the table below:
Stage 1: Stage 2:
Coastal Major Road Network ICP $8,384 $10,511
4. The applicant is informed that payment via credit card transaction will not be an
acceptable method of payment for development contributions conditioned in this permit
or for infrastructure charge notices issued separately.
5. The applicant is advised that a Compliance Permit for all plumbing and drainage works
within the boundaries of the development site shall be obtained from Council’s Plumbing
Services Section prior to obtaining a Development Permit for Building Works.
6. The applicant is advised that this development may require the provision of fire hydrants
and a booster pump in accordance with the Building Code of Australia, and consultation
may also be needed with Queensland Fire Services to ensure suitable fire fighting
infrastructure is provided. To this end any necessary fire hydrants shall be clearly shown
on the plans submitted for both Operational Works and Building Works approval and if
a booster pump is deemed necessary, the plans shall indicate where the fire truck is to
be accommodated in order to provide boosting to the water supply.
7. Where any food premises is included in a development, the following is required:
a. A separate Material Change of Use Application.
b. Plans and application is to be made to Council’s Environmental Health Section for
approval prior to any building approval, fitting out or use of the premises.
c. A statement indicating the purpose of the food premises, type of food sold,
proposed menu and maximum number of patrons at any time, is to accompany
the application for plan approval.
d. Construction and use of the food premises should comply with Council’s Food
Premises Policy and the Food Safety Standards. (Both available from Council)
e. Toilets for customers and staff to be provided in accordance with Building Code of
Australia. Obtain advice from a building certifier on numbers and standards,
including disable access.
f. Plans and approval is required for any mechanical exhaust ventilation system,
which should comply with AS1668. A certificate from the installer certifying the
system complies with the Standard must be obtained and lodged with Council prior
to commencement of trade.
g. Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006,
must obtain a Food License from Council, prior to use of those premises.
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8. The development should be undertaken and operated 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 Regulation 1998 or Council’s Local Law No. 12 – Control
of Nuisances.
9. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or
be placed where it could reasonably be expected to move into a roadside gutter, storm
water drain or a watercourse. On the spot fines apply for such offences.
Aboriginal Cultural Heritage Act 2003
10. 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 Co-ordination Unit on 07 3238 3838 to discuss
any obligations under the ACH Act.
10. PROPERTY NOTES
Not applicable.
11. VARIATION APPROVAL DETAILS
Not applicable.
12. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Development Permit for Building All Building Works
Works
Development Permit for Operational Landscaping, Car parking & access, Frontage
Works works, Stormwater drainage, Erosion &
sediment control
13. SUBMISSIONS
Application 2007/2446 / Development Permit for Material Change of Use - Visitor
Accommodation Type 4 - Conventional (Visitor Hostel) - There were (2) properly made
submissions about the application.
Application – 132007.2446.03
There were 5 properly made submissions about the application and 2 not properly made
submissions supporting the application.
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Application – 132007.2446.05
There were 3 properly made submissions about the application. In accordance with the
Planning Act 2016, the name, address and electronic address of the principal submitter for
each properly made submission is provided and attached.
14. 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.
15. 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: List of Submitters
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 17 August 2009.
• Decision Notice – Minor – 132007.2446.02 – 17 December 2009, change to conditions 1, 3, 16 & 46, change to advisory
note 2 and additional conditions 60, 61, 62, & 63.
• Decision Notice – Other Change – 132007.2446.03 – 15 November 2018 – add additional conditions 64 – 103.
• Decision Notice – Other Change 132007.2446.04 – 24 September 2001 – Withdrawn.
• Decision Notice – Other Change 132007.2446.05 – 21 August 2025 – add additional conditions 104 -123.
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List of Submitters
PLANNING ACT 2016 & PLANNING REGULATION 2017
Name Email Address
Jackie Keogh [email protected] 29 Nebula Street,
Sunshine Beach 4567
Elizabeth & Luke McKenzie [email protected] 27 Nebula Street,
Sunshine Beach 4567
Dylan & Danielle Lunn [email protected] 100 Pacific Avenue,
Sunshine Beach 4567
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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
appeal, other than an eligible submitter who is not a principal
(i) who may appeal a matter (the appellant); and
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 (5) A notice of appeal given to a person who may elect to be a co-
agency; or respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the (6) A person elects to be a co-respondent by filing a notice of election,
deemed refusal happens; or 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 231 Other appeals
premises – 20 business days after a notice us published under
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
section 269(3)(a) or (4); or
the Supreme Court decides a decision or other matter under this
(d) for an appeal against an infrastructure charges notice – 20 Act is affected by jurisdictional error, the decision or matter is non-
business days after the infrastructure charges notice is given appealable.
to the person; or
(2) The Judicial Review Act 1991, part 5 applies to the decision or
(e) for an appeal about a deemed approval of a development matter to the extent it is affected by jurisdictional error.
application for which a decision notice has not been given –
(3) A person who, but for subsection (1) could have made an
30 business days after the applicant gives the deemed
application under the Judicial Review Act 1991 in relation to the
approval notice to the assessment manager; or
decision or matter, may apply under part 4 of that Act for a
(f) for any other appeal – 20 business days after a notice of the statement of reasons in relation to the decision or matter.
decision for the matter, including an enforcement notice, is
(4) In this section –
given to the person.
decision includes-
Note –
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 (c) the making of a decision or failure to make a decision; and
in the appeal.
(d) a purported decision; and
(5) If an appeal is only about a referral agency’s response, the
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
Judicial Review Act 1991 or otherwise, whether by the
(i) the establishment cost of trunk infrastructure identified in Supreme Court, another court, a tribunal or another entity; and
a LGIP; or
(c) is not subject to any declaratory, injunctive or other order of
(ii) the cost of infrastructure decided using the method the Supreme Court, another court, a tribunal or another entity
included in the local government’s charges resolution. 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 (1) A person who is appealing to the P&E Court must comply with the
tribunal or P&E Court, a notice of appeal that- rules of the court that apply to the appeal.
(a) is in the approved form; and
(2) However, the P&E Court may hear and decide an appeal even if
(b) succinctly states the grounds of the appeal. 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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Document Set ID: 24061481
Version: 7, Version Date: 28/08/2025
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