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MCU23/0007 & RAL23/0001 - Material Change of Use for Multiple dwellings - Affordable Rental Premises (19 small dwelling units) and Reconfiguring a Lot (4 lots into 2) at 45-47A Maple Street & 9 Myall Street, Cooroy · ATTACHMENT 1 – MCU23/0007 & RAL23/0001 – PROPOSED CONDITIONS
ATTACHMENT 1 – (MCU23/0007 & RAL23/0001) – PROPOSED CONDITIONS MATERIAL CHANGE OF USE – MCU23/0007 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 commencing, and then compliance maintained at all times while the use continues. Currency Period 2. This development approval lapses if the use has not happened by 6 October 2032, 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. The plans must be amended to incorporate the amendments and resubmitted to Council prior to the issue of any Development Permit. Plan No. Rev. Plan/Document Name Date 0002 B Demolition Plan prepared by Push 16/04/2026 1000 D Site plan prepared by Push 14/09/2026 1001 F Roof Plan prepared by Push 14/09/2026 1002 C Ground Floor Plan prepared by Push 14/09/2026 1003 E Upper Ground Floor Plan prepared by Push 14/09/2026 1004 C Lower Ground Floor Plan prepared by Push 06/08/2026 1005 C Landscape Plan prepared by Push 14/09/2026 2000 D Site Elevations prepared by Push 06/08/2026 2001 D Site Sections prepared by Push 06/08/2026 2002 D Site Sections prepared by Push 06/08/2026 2003 C Site Elevations prepared by Push 06/08/2026 9000 D Maple Street Aerial Elevation prepared by 06/08/2026 Push 9001 D Myall Street Elevation prepared by Push 06/08/2026 9002 D Maple Street Elevation Render prepared by 06/08/2026 Push 9003 C Myall Street Elevation Render prepared by 10/06/2026 Push
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9004 B Myall Street Elevation Render prepared by 10/06/2026
Push
9005 D Internal Perspective View prepared by Push 14/09/2026
9006 D Internal Perspective View prepared by Push 14/09/2026
9007 B Internal Perspective View prepared by Push 10/06/2026
9008 B Internal Perspective View prepared by Push 10/06/2026
010 D Overall Layout Plan – Ground Floor prepared 18/09/2026
by RECOR
020 D Bulk Earthworks Layout Plan prepared by 18/09/2026
RECOR
040 D Roadworks and Drainage Layout Plan 18/09/2026
prepared by RECOR
Nature and Extent of Approved Use
4. The existing dwelling must be retained on proposed lot 1.
5. The approved use within proposed lot 2 is limited to 19 small dwellings to operate as
Affordable Rental Premises’
6. All 19 small dwelling units must be used exclusively for Affordable Rental Premise for a
minimum of 20 years calculated from the date of occupation of the first affordable rental
premises.
7. Prior to the occupation of the first affordable rental premises’, the Owner must enter into
a use or preservation covenant (as described in section 107 of the Planning Act 2016)
with Council for the purpose of ensuring that the small dwelling units are used exclusively
for affordable rental premises for duration of the 20-year timeframe identified in this
development approval. The covenant must be on terms acceptable to Council, prepared
at the cost of the Owner, and registered on the title of proposed lot 2 in accordance with
the Land Title Act 1994 prior to the issue of a certificate of classification or building final
for any part of the approved development.
8. The affordable rental premises must remain on a single title; and must not be subdivided
into individual or separate strata titles until after the expiry of the 20-year timeframe
referred to in development approval conditions.
9. The tenancy of the Affordable Rental Premises’ is to be managed by a tier 1 community
housing provider for the life of the agreement.
Building Height
10. The maximum height of the development must not exceed 8 metres above the ground
level including where excavation is undertaken, to the exposed portion of the external
façade of the building, unless otherwise shown in the approved plans.
11. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld)
which certifies that the buildings do not exceed the maximum height requirement of this
Decision Notice.
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Performance Bond
12. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000
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
13. External design features, materials and finishes must be as shown on the Approved
Plans, with no inclusions or alterations made without approval in writing by Council.
14. External finishes of the building must be a mix of lightweight and textured external
finishes, with masonry areas incorporating a variety of textured finishes to break up the
surface.
15. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling
or the like thus remaining as open structures, except where required to be enclosed by
the Department of State Development, Infrastructure, Local Government and Planning
(SARA) in their referral agency response (2605-52275 SRA) on 11 June 2026.
16. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages nor adjoining properties.
17. Waste storage areas and external storage areas must be screened from view of the
street.
18. Each unit must be provided with access to an outdoor clothesline which is screened from
public view (external to the development site) and where achievable, internal to the
development
Protection of Privacy
19. To ensure privacy is protected between adjoining residential zoned properties to the
south of the site, the windows located on the southern building elevations of units 9, 11,
14 & 17 must either:
a. have a minimum window sill height or 1.7 metres above floor level
b. be fitted with translucent glazing or
c. be fitted with a fixed external screen
Fencing and Walls
20. The existing low level stone wall and timber picket fence must be maintained and
retained to Maple Street.
21. Street fencing to Myall Street must not exceed 1.8 metres in height, be set back an
average of 1 metre and articulated to provide visual interest by stepping the design. Any
fencing on the front boundary must either:
a. not exceed a maximum height of 1.2 metres
b. be of open construction.
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Landscaping Works
22. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific
area and must include in particular:
a. the landscape area and works shown on the approved landscape plan
b. vegetated screening of any electrical transformers, bin storage areas and the like
from the road frontage
c. provision of one (1) street tree within the road reserve for every eight (8) metres
of road frontage
d. planting of shrubs and trees along the site frontage to soften the appearance of
buildings and structures and enhance the streetscape character
e. screen planting along the side and rear boundaries to provide privacy screening
and to assist in maintaining a suitable interface with adjoining properties
23. 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.
24. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
Street Identification
25. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate,
the building name.
Waste Management
26. A waste storage area must be designed and maintained in accordance with Planning A
waste storage area must be provided in accordance with Planning Scheme Policy 9,
Waste Management and the Noosa Plan’s Waste Management Code, including an
external imperviously paved area correctly sized for all refuse and recycling containers
and suitably screened from public places and neighbouring properties.
External Works – Maple Street
27. Myall Street must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works, be generally in
accordance with RECOR’s Overall Layout Plan (C010, Rev. D) dated 18 September
2026 and must include in particular:
a. construction of a 2.0-metre-wide pedestrian footpath in accordance with the
conditions of this Decision Notice; and
b. removal of the existing Myall Street property access and reinstatement of the kerb,
footpath and verge area to match the balance of the site frontage, including the
provision of topsoil and turf where the existing verge is grassed.
c. the construction of eight (8) 60-degree angled, ‘nose-in’, on-street carparks in
accordance with AS2890.05. The carparks must be designed for a “Medium” on-
street parking classification (table 3.2, AS2890.05).
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External Works – Myall Street
28. Myall Street must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works, be generally in
accordance with RECOR’s Overall Layout Plan (C010, Rev. D) dated 18 September
2026 and must include in particular:
a. construction of a 2.0-metre-wide pedestrian footpath in accordance with the
conditions of this Decision Notice; and
b. removal of the existing Myall Street property access and reinstatement of the kerb,
footpath and verge area to match the balance of the site frontage, including the
provision of topsoil and turf where the existing verge is grassed.
Site Access and Driveways
29. A sealed access driveway must be provided from Maple Street to all parking and
manoeuvring areas of the development in proposed Lot 1. The works must be
undertaken in accordance with an Operational Works approval, be generally in
accordance with RECOR’s Roadworks and Drainage Layout Plan (C040, Rev. D) dated
18 September 2026 and Council’s standard drawing RS-049 & RS-050.
30. A sealed access driveway must be provided from Maple Street to all parking and
manoeuvring areas of the development in proposed Lot 2. The works must be
undertaken in accordance with an Operational Works approval, be generally in
accordance with RECOR’s Roadworks and Drainage Layout Plan (C040, Rev. D) dated
18 September 2026, Driveway Longitudinal Section (041, Rev. C) dated 6 August 2026
and Council’s standard drawing RS-051.
Concrete Bin Pad
31. Two (2) concrete bin pads for the development must be constructed on the kerbside of
Myall Street. The concrete bin pads must be located generally in accordance with
RECOR’s Waste Management Plan (Rev. D) dated 12 August 2026 to ensure minimal
disturbance to the local road network during collection. The construction of the bin pads
must be undertaken in accordance with an Operational Work approval.
Car Parking
32. A minimum of 24 car parking spaces must be provided and marked on the site. The
works must be undertaken in accordance with an Operational Works approval, be
generally in accordance with RECOR’s Linemarking Layout Plan (C048, Rev. D) dated
18 September 2026 and must include in particular:
a. 5 visitor parking spaces within the total, which are clearly marked for that purpose
and accessible at all times for visitor use;
b. pedestrian routes in accordance with the conditions of this Decision Notice;
c. 1 disabled parking space within the total; and
d. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities.
Service Vehicles
33. Service and waste collection vehicle parking, manoeuvring and standing spaces must
be provided on the site. The works must be undertaken in accordance with an
Operational Works approval, be generally in accordance with RECOR’s Linemarking
Layout Plan (048, Rev. D) dated 18 September 2026 and must include in particular:
a. 1 WCV space.
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Pedestrian and Bicycle Facilities
34. Pedestrian and bicycle facilities must be provided for the development. The works must
be undertaken in accordance with an Operational Works approval, be generally in
accordance with RECOR’s Linemarking Layout Plan (C048, Rev. D) dated 18
September 2026 and must include in particular:
a. a 2.0-metre-wide concrete footpath within the road verge for the entire length of
the site’s frontage to Maple Street;
b. a 2.0-metre-wide concrete footpath within the road verge for the entire length of
the site’s frontage to Myall Street;
c. pedestrian pathways between the proposed car parking area and the building/s;
and
d. adequate separation of all specific pedestrian routes from vehicle access and
manoeuvring areas, and clear demarcation by pavement marking, signposts or
changes in surface materials or levels.
Stormwater Drainage
35. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval, be generally in accordance with RECOR’s Stormwater Management
Plan (P0478-26-001, Rev. 1) dated 24 June 2026 and RECOR’s Technical
Memorandum (P0478-26-01) dated 12 August 2026, and must include in particular:
a. details of a stormwater quality device that satisfies the load reduction targets
specified in Planning Scheme Policy 6 Engineering Design Standards; and
b. additional modelling demonstrating that the peak mitigated flows during the 10%
AEP event will not exceed the pre-development flows.
Stormwater Quality Management
36. A stormwater quality treatment system must be provided for the development. The
device must be SQIDEP verified and be maintained in accordance with the User Manual
for the lifespan of the development.
Services
37. Underground reticulated electricity and telecommunication services must be provided to
each lot in accordance with the standards and requirements of the relevant service
provider.
38. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
39. Certification must be submitted to Council from all relevant service providers (Energex,
NBN and Unitywater) which certifies that the development has met the requirements of
this Decision Notice and all applicable legislation at the time of construction.
Easements
40. An easement for drainage purposes must be registered in favour of proposed Lot 1
against the title of all lots (nominally proposed Lot 2) which convey stormwater from
proposed Lot 1 through proposed Lot 2 to a Lawful Point of Discharge in Myall Street.
The easement must be a minimum width of 1.5 metres located centrally over the
proposed drainage structures or of sufficient width to wholly encompass the drainage
structures. The easement must be granted prior to the commencement of any works
associated with this approval.
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41. 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.
42. 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.
43. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
44. All fill and associated batters must be undertaken in accordance with an Operational
Works approval, be generally in accordance with RECOR’s Bulk Earthworks Layout Plan
(C020, Rev. D) dated 18 September 2026 and contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
45. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
walls that are publicly accessible and exceed 1.0m in height must be fitted with a
commercial grade safety fence.
Damage to Services and Assets
46. 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.
Roofwater Harvesting
47. Operating roofwater harvesting and detention tanks must be provided for the
development. The tanks must be provided in accordance with an approval for Building
Works and must include in particular:
a. the details identified in section 3.0 and 4.2.1.1 of RECOR’s Stormwater
Management Plan (P0478-26-001, Rev. 1) dated 24 June 2026;
b. a total tank capacity of 50 kilolitres for reuse and 50 kilolitres for detention;
c. a catchment of 100% of the building roof area;
d. re-use of harvested stormwater for internal non-potable uses and outdoor uses;
and
e. The roofwater drainage system flowing to the tanks is to be designed to cater for
the 1%AEP event including a 20% increase in rainfall intensity due to climate
change.
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RECONFIGURING A LOT – RAL23/0007
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice
must be completed prior to submission of the subdivision plan to Council for compliance
assessment.
Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 6 October 2030,
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
0003 B Subdivision Plan prepared by Push 14/09/2026
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Boundary Encroachments
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld)
which certifies that:
a. the setback/s to any new boundaries for any existing buildings remaining on the
site comply with the relevant provisions of the planning scheme and the Building
Act 1975, unless varied by this Decision Notice
b. all constructed access and roadworks (including associated fill batters and
retaining walls) are fully contained within a dedicated reserve or registered
easement
c. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included
within an easement
d. all retaining walls and structures are fully contained within the lot they retain
e. any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties
Property Access and Driveways
6. Vehicle access to proposed Lots 1 and 2 is limited to the constructed driveway only. A
clause must be included in the contract of sale for the lots which requires vehicle access
to be from the constructed driveway only, and which prohibits the driveway from being
relocated without Council agreement.
Easements
7. An easement for drainage purposes must be registered in favour of proposed Lot 1
against the title of all lots (nominally proposed Lot 2) which convey stormwater from
proposed Lot 1 through proposed Lot 2 to a Lawful Point of Discharge in Myall Street.
The easement must be a minimum width of 1.5 metres located centrally over the
proposed drainage structures or of sufficient width to wholly encompass the drainage
structures. The easement must be granted prior to the commencement of any works
associated with this approval.
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8. 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.
9. 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.
10. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Services
11. Underground reticulated electricity, telecommunication, reticulated sewer and
reticulated water services must be provided to each lot in accordance with the standards
and requirements of the relevant service provider.
12. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
13. Certification must be submitted to Council from all relevant service providers (Energex,
NBN and Unitywater) which certifies that the development has met the requirements of
this Decision Notice and all applicable legislation at the time of construction.