Council archive · source document
Minor Change Existing Approval DBW22 0186 01 (As Published) · DBW22/0186.01
Officer: Georgina Schramm
Direct Telephone: 07 53296569
Our Reference: DBW22/0186.01
Your Reference: n/a
01 December 2025
NV Haber & JJ Haber
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 31 October 2025, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW22/0186.01
Street address: 35 Cooran Ct Noosa Heads Qld 4567
Real property description: Lot 209 N 21857
Planning Scheme: Noosa Plan 2020 (26 September 2025)
2. DECISION DETAILS
The following type of approval was issued on 12 April 2023.
• Development Permit for Building Work Assessable Against the Planning Scheme -
Dwelling House.
In relation to the request to make a minor change to the existing approval, Council on 26 November
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Delete Condition 15.
C. Amend Conditions 3, 18, 23, 24 and Section 10.
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
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the building commencing, and then compliance maintained at all times while the
use continues.
Currency Period
2. This development approval lapses if the works have not substantially started by 12 April
2025, 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 tables below.
Plan No. Rev. Plan/Document Name Date
000 Q Cover Sheet prepared by Lightbody 23/02/2023
Architects
0110 O Site Plan Proposed prepared by Lightbody 23/02/2023
Architects
1001 X Level 1 – Floor Plan prepared by Lightbody 23/03/2023
Architects
1002 N Basement – Floor Plan prepared by 23/02/2023
Lightbody Architects
1003 V Roof Plan prepared by Lightbody Architects 23/02/2023
2000 V Building Elevations prepared by Lightbody 23/02/2023
Architects
2001 K Building Elevations prepared by Lightbody 23/02/2023
Architects
2002 V Building Elevations prepared by Lightbody 23/02/2023
Architects
2003 I Building Elevations prepared by Lightbody 23/02/2023
Architects
2101 T Building Sections prepared by Lightbody 23/02/2023
Architects
2102 S Building Sections prepared by Lightbody 23/02/2023
Architects
1000 X Ground Floor – Floor Plan prepared by 23/02/2023
Lightbody Architects
(Annotated by Council)
2103 T Building Sections prepared by Lightbody 23/02/2023
Architects
(Annotated by Council)
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Building Height
4. The maximum height of the development must not exceed 8 metres above the ground level,
including where excavation is undertaken the exposed portion of the external façade of the
building.
5. The ground level must be reinstated around the basement level to ensure no part of which is
more than 1 metre above ground level, apart from the driveway entrance.
6. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
7. Security in the form of a cash bond or trading bank guarantee to the sum of $5000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building 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.
Streetscape
8. Any shipping containers, railway carriages or similar must be placed behind the dwelling
house and not visible from the street.
Lighting Amenity
9. 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
10. 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
11. A minimum of 20% of the site must be retained as soft landscaping.
12. Existing native trees on the site must be retained, except where required to be removed to
accommodate the approved dwelling.
13. The development site must be landscaped. The works must be undertaken in accordance
with the Noosa Plan for that specific area and must include:
a. provision of 1 street tree with a minimum pot size of 45 litres within the road reserve
for every 8 metres of road frontage.
14. All planting areas on the eaves 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.
Prior to the Commencement of Works
15. Deleted.
Site Access and Driveways
16. A sealed access driveway must be provided from Cooran Court to all parking and
manoeuvring areas of the development. The works must be undertaken generally in
accordance with Lightbody Architect’s Site Plan Proposed (revision o) dated 23 February
2023 and Council’s standard drawings RS-049 and RS-050.
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Car Parking
17. A minimum of 2 covered car parking spaces must be provided and marked on the site. The
works must be undertaken in accordance with Lightbody Architect’s Ground Floor – Floor
Plan (revision x) dated 23 February 2023 and must include in particular dimensions,
crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
Stormwater Drainage
18. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be generally in accordance with H Design’s Basement & Ground
Floor Plans Drainage (Sheet 1 of 4, Revision C) dated September 2022 and associated
addendum.
Easements
19. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
20. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
21. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
22. All works must be carried out in accordance with the recommendations contained in Douglas
Partners’ Investigation Summary Report (210359.00) dated 19 September 2022.
Earthworks and Retaining Walls
23. All fill and associated batters must be contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council
24. Building Work must be undertaken in accordance with the dewatering management plan
based on the document titled ‘Dewatering Management Plan’ (prepared by ADG Consulting,
dated February 2023) and the following:
• Undertake additional calculations or groundwater modelling as necessary to provide both
sectional and plan views showing the extent of the cone of depression associated with
the proposed dewatering and that potential acid sulfate soil material which will remain in-
situ post-construction will not become oxidised by the dewatering;
• Identify all property and infrastructure (public and private) located within the cone of
depression and provide dilapidation reports for this property and infrastructure;
• Nominate proposed location(s) for groundwater monitoring bores, required to check for
dewatering outside of the estimated cone of depression;
• Providing sizing for the proposed treatment system for managing the quality of extracted
groundwater and provide a plan showing how the primary, secondary and tertiary
treatment tanks can all be accommodated inside the property boundary; and
• The requirements of Section 6.5.2 (Water Quality Monitoring) are to be increased to
include continuous monitoring of pH and dissolved oxygen at the release point from the
treatment system. Total iron and aluminum are to be sampled where identified in the
document as ‘if required’.
25. All excavation and dewatering works below the elevation of 5m AHD must be undertaken in
accordance a Dewatering Management Plan that is prepared by a suitably qualified person,
certified by the sites qualified person experienced with Acid Sulfate Soils Management and
endorsed by Council prior to the commencement of the works. All excavation and dewatering
works must be undertaken in a manner that will not cause environmental harm or damage to
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surrounding infrastructure or property as a result of the developments interaction with actual
or potential Acid Sulphate Soils or groundwater.
26. All excavated material must be treated for acid sulfate soils generally in accordance with the
recommendations provided by Douglas Partners Investigation Summary Report dated 19
September 2022. Treated material must undergo verification testing at the rate of one sample
per 250 m3 throughout the duration of the excavation phase of the development. The
verification testing must be undertaken by a qualified person in accordance with the
Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines v4.0, and the
results must be submitted to Council for appraisal when requested during construction and
prior to commencement of use and must demonstrate that the material has been adequately
neutralised. Certification of the verification results for compliance with this condition must be
provided by a suitably qualified Geotechnical Engineer prior to the issuing of the certificate
of classification for the dwelling.
Damage to Services and Assets
27. 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. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
Sheet 1 of 4 H Design Pty Ltd Basement and & ground Floor September 2022
Plans Drainage
R.001.docx Douglas Partners Investigation Summary Report 19 September
2022
ADG1490.23 0 ADG Dewatering Management Plan February 2023
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:
Development Compliance Inspection
1. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Sustainability
2. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
Fires in Urban Areas
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3. 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
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Infrastructure Charges
5. 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
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 work
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.
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,
Georgina Schramm
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
Statement of Reasons – Notice about decision
DECISION NOTICE HISTORY
• Original Decision Notice – 12 April 2023.
• Decision Notice - Minor – DBW22/0186.01 - with an amendment to conditions 3, 18, 23, 24 & section 10 and delete condition 15.
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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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