Council archive · source document
Decision Notice OPW20 145 06 (As Published) · OPW20/0145.06
Officer: Stacey Clohesy
Telephone: 5329 6245
Our Reference: OPW20/0145.06
Your Reference:
3 February 2026
Stockwell NC P/L TTE
PO Box 3144
SOUTH BRISBANE QLD 4101
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 26 September 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: OPW20/0145.06
Street address: 55, 57, 63, 64, 65, 66, 67, 68, 69, 70, 72, 74, 76 Hofmann Dr and
37, 38, 40, 46, 52, 54 Walter Hay Drive, Noosaville (formerly 28
Eenie Creek Road, Noosaville)
Real property description: Lots 1 to 19 and 21 to 24 on SP322201 (Formerly Lot 3 SP 246584
Planning Scheme: Noosa Plan 2020 (26 September 2025)
2. DECISION DETAILS
The following type of approval was issued on 17 December 2020.
• Development Permit for Operational Works – Drainage Works, Earthworks, Electrical,
Telecommunications, Street Lighting, Landscaping, Roadworks, Traffic Signage, Stormwater
and Clearing.
In relation to the request to make a minor change to the existing approval, Council on 2 February
2026 decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 1.
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
Page 1 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 34 pages
Page 2
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
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 unless
otherwise amended by these conditions.
2. Plan No. Rev. Plan/Document Name Date
EW02 A Earthworks Notes 19/02/2020
Prepared by Barlow Shelley
EW03 A Earthworks Layout Plan 1 of 8 13/09/2019
Prepared by Barlow Shelley
EW04 A Earthworks Layout Plan 2 of 8 13/09/2019
Prepared by Barlow Shelley
EW05 A Earthworks Layout Plan 3 of 8 13/09/2019
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL)
EW06 B Earthworks Layout Plan 4 of 8 11/12/2020
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL)
EW07 A Earthworks Layout Plan 5 of 8 13/09/2019
Prepared by Barlow Shelley
EW08 B Earthworks Layout Plan 6 of 8 11/12/2020
Prepared by Barlow Shelley
EW09 B Earthworks Layout Plan 7 of 8 11/12/2020
Prepared by Barlow Shelley
EW10 A Earthworks Layout Plan 8 of 8 13/09/2019
Prepared by Barlow Shelley
R31 E General Notes 23/11/2020
Prepared by Barlow Shelley
R33 E Overall Works Layout Plan 23/11/2020
Prepared by Barlow Shelley
R34 E Access Management Plan 23/11/2020
Prepared by Barlow Shelley
R35 G Road Works Layout Plan 1 of 8 14/12/2020
Plan
Page 2 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 3
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL
26/11/2021)
R36 G Road Works Layout Plan 2 of 8 14/12/2020
Plan
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL
26/11/2021)
R37 F Road Works Layout Plan 3 of 8 10/12/2020
Plan
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL)
R38 E Road Works Layout Plan 4 of 8 23/11/2020
Plan
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL)
R39 G Road Works Layout Plan 5 of 8 14/12/2020
Plan
Prepared by Barlow Shelley
R40 G Road Works Layout Plan 6 of 8 14/12/2020
Plan
Prepared by Barlow Shelley
R41 E Road Works Layout Plan 7 of 8 23/11/2020
Plan
Prepared by Barlow Shelley
R42 E Road Works Layout Plan 8 of 8 23/11/2020
Plan
Prepared by Barlow Shelley
R43 F Road A Longitudinal Section 14/12/2020
Prepared by Barlow Shelley
R44 E Road A Cross Section 23/11/2020
Prepared by Barlow Shelley
R45 F Road B Longitudinal Section 14/12/2020
Prepared by Barlow Shelley
R46 E Road B Cross Sections (Sheet 1 of 23/11/2020
2)
Prepared by Barlow Shelley
Page 3 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 4
R47 E Road B Cross Sections (Sheet 2 of 23/1/2020
2)
Prepared by Barlow Shelley
R48 F Hofmann Drive Longitudinal 14/12/2020
Section
Prepared by Barlow Shelley
R49 E Hofmann Drive Cross Sections 23/11/2020
Sheet 1 of 2
Prepared by Barlow Shelley
R50 E Hofmann Drive Cross Sections 23/11/2020
Sheet 2 of 2
Prepared by Barlow Shelley
R51 F Road C Longitudinal Section 14/12/2020
Prepared by Barlow Shelley
R52 E Road C Cross Sections Sheet 1 of 23/11/2020
2
Prepared by Barlow Shelley
R53 E Road C Cross Sections Sheet 2 of 23/11/2020
2
Prepared by Barlow Shelley
R54 E Lot 10-15 Driveway Longitudinal 23/11/2020
Section
Prepared by Barlow Shelley
R55 E Lot 10-15 Cross Sections Sheet 1 23/11/2020
of 2
Prepared by Barlow Shelley
R56 E Lot 10-15 Cross Sections Sheet 2 23/11/2020
of 2
Prepared by Barlow Shelley
R57 E Walter Hay Drive / Road A 23/11/2020
Intersection Plan
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL
26/11/2021)
R58 G Road A / B / Hofmann Drive / Road 14/12/2020
C Roundabout Detail Plan
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL
26/11/2021)
Page 4 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 5
R59 E Road B / Hofmann Drive 23/11/2020
Intersection
Prepared by Barlow Shelley
R60 F Road C / Noosa Civic Access 10/12/2020
Road Roundabout Detail Plan
Prepared by Barlow Shelley
R61 E Lots 23 Driveway Cross Sections 23/11/2020
Prepared by Barlow Shelley
R62 E Lots 23 Driveway Longitudinal 23/11/2020
Section
Prepared by Barlow Shelley
R63 E Lots 23 Driveway Cross Sections 23/11/2020
Prepared by Barlow Shelley
R64 G Linemarking Layout Plan 1 of 7 14/12/2020
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL
26/11/2021)
R65 G Linemarking Layout Plan 2 of 7 14/12/2020
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL
26/11/2021)
R66 F Linemarking Layout Plan 3 of 7 10/12/2020
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL)
R67 E Linemarking Layout Plan 4 of 7 23/11/2020
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL)
R68 G Linemarking Layout Plan 5 of 7 14/12/2020
Prepared by Barlow Shelley
R69 G Linemarking Layout Plan 6 of 7 14/12/2020
Prepared by Barlow Shelley
R70 E Linemarking Layout Plan 7 of 7 23/11/2020
Prepared by Barlow Shelley
R71 E Linemarking Typical Sections 19/02/2020
Prepared by Barlow Shelley
Page 5 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 6
SW02 E Stormwater Notes 26/11/2020
Prepared by Barlow Shelley
SW05 F Stormwater Layout Plan 1 of 8 10/12/2020
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL
26/11/2021)
SW06 F Stormwater Layout Plan 2 of 8 10/12/2020
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL
26/11/2021)
SW07 F Stormwater Layout Plan 3 of 8 10/12/2020
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL)
SW08 E Stormwater Layout Plan 4 of 8 26/11/2020
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL)
SW09 F Stormwater Layout Plan 5 of 8 10/12/2020
Prepared by Barlow Shelley
SW10 F Stormwater Layout Plan 6 of 8 10/12/2020
Prepared by Barlow Shelley
SW11 E Stormwater Layout Plan 7 of 8 26/11/2020
Prepared by Barlow Shelley
SW12 E Stormwater Layout Plan 8 of 8 26/11/2020
Prepared by Barlow Shelley
SW13 E Stormwater Longitudinal Section 26/11/2020
Sheet 1 of 3
Prepared by Barlow Shelley
SW14 E Stormwater Longitudinal Section 26/11/2020
Sheet 2 of 3
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL
25/3/2022)
SW15 F Stormwater Longitudinal Section 10/12/2020
Sheet 3 of 3
Prepared by Barlow Shelley
Page 6 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 7
SW19 F Bio-Retention Basin Layout & 10/12/2020
Detail Plan Sheet 1 of 6 “Road A”
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL
26/11/2021)
SW20 F Bio-Retention Basin Layout & 10/12/2020
Detail Plan Sheet 2 of 6 “Road C”
Prepared by Barlow Shelley
SW21 F Bio-Retention Basin Layout & 10/12/2020
Detail Plan Sheet 3 of 6 “Road C”
Prepared by Barlow Shelley
SW22 F Bio-Retention Basin Layout & 10/12/2020
Detail Plan Sheet 4 of 6 “Hofmann
Drive”
Prepared by Barlow Shelley
SW23 F Bio-Retention Basin Layout & 14/12/2020
Detail Plan Sheet 5 of 6 “Road C”
Prepared by Barlow Shelley
SW24 F Bio-Retention Basin Layout & 10/12/2020
Detail Plan Sheet 6 of 6 “Typical
Bio Basin”
Prepared by Barlow Shelley
SW25 F Tree Pit Layout & Detail Plan 10/12/2020
Sheet 1 of 2 “Road B”
Prepared by Barlow Shelley
SW26 F Tree Pit Layout & Detail Plan 10/12/2020
Sheet 2 of 2 “Road C”
Prepared by Barlow Shelley
SW27 E Stormwater Outlet Detail Plan 26/11/2020
Sheet 1 of 4 (Structure 1/2 & 1/12)
Prepared by Barlow Shelley
SW28 F Stormwater Outlet Detail Plan 10/12/2020
Sheet 2 of 4 (Structure 1/5)
Prepared by Barlow Shelley
(AS ANNOTATED BY COUNCIL
25/3/2022)
SW29 E Stormwater Outlet Detail Plan 26/11/2020
Sheet 3 of 4 (Lot 3)
Prepared by Barlow Shelley
Page 7 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 8
(AS ANNOTATED BY COUNCIL
25/3/2022)
SW30 E Stormwater Outlet Detail Plan 26/11/2020
Sheet 4 of 4 (Structure 1/19)
Prepared by Barlow Shelley
Bushfire Management Plan December 2020
prepared by Queensland Bushfire
Planning
J23177 2 Arborist report prepared by Arbor July 2020
Operations
1 Fauna Management Plan September 2020
prepared by Australia Wide
Environmental Consultant
1 of 23 J OVERALL SITE LAYOUT PLAN September 2025
ED20265 OPW 01 prepared by
element design
2 of 23 J SHEET LAYOUT PLAN ED20265 September 2025
OPW 02 prepared by element
design
3 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 03 prepared
by element design
4 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 04 prepared
by element design
5 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 05 prepared
by element design
AS AMENDED IN RED by
Council.
6 of 23 J STREETSCAPE PLANTING September 2025
PLAN ED20265 OPW 06 prepared
by element design
AS AMENDED IN RED by
Council
7 of 23 J STREETSCAPE PLANTING September 2025
PLAN ED20265 OPW 07 prepared
by element design
8 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 08
prepared by element design
Page 8 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 9
9 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 09 prepared
by element design
10 of 23 J STREETSCAPE PLANTING September 2025
PLAN ED20265 OPW 10 prepared
by element design
11 of 23 J STREETSCAPE PLANTING September 2025
PLAN ED20265 OPW 11 prepared
by element design
12 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 12 prepared
by element design
13 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 13 prepared
by element design
14 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 14 prepared
by element design
15 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 15 prepared
by element design
16 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 16 prepared
by element design
17 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 17 prepared
by element design
18 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 18 prepared
by element design
19 of 23 H STREETSCAPE PLANTING July 2020
PLAN ED20265 OPW 19 prepared
by element design
20 of 23 H BIO RETENTION BASIN PLAN July 2020
ED20265 OPW 20 prepared by
element design
21 of 23 H DETAILS PLAN OPW 21 prepared July 2020
by element design
22 of 23 H PLANT SCHEDULE PLAN July 2020
ED20265 OPW 22 prepared by
element design
AS AMENDED IN RED by
Council.
Page 9 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 10
23 of 23 J 10m WIDE BUFFER & September 2025
SPECIFICATION ED20265 OPW
1 prepared by element design
STG-M000053677 F Pit and Pipe Layout prepared PE 08.12.2020
Sheet 1 of 5 Consulting Engineers
STG-M000053677 F Pit and Pipe Layout prepared PE 08.12.2020
Sheet 2 of 5 Consulting Engineers
STG-M000053677 F Pit and Pipe Layout prepared PE 08.12.2020
Consulting Engineers
Sheet 3 of 5
STG-M000053677 F Pit and Pipe Layout prepared PE 08.12.2020
Sheet 4 of 5 Consulting Engineers
STG-M000053677 F Pit and Pipe Layout prepared PE 08.12.2020
Sheet 5 of 5 Consulting Engineers
S1301229 E INSTALL NEW 500kVA PMT, 06.01.2021
11kV & LV CABLE, CONDUITS,
Sheet 1 of 9
PILLARS, PITS &
STREETLIGHTS prepared PE
Consulting Engineers
S1301229 E INSTALL NEW 500kVA PMT, 06.01.2021
11kV & LV CABLE, CONDUITS,
Sheet 2 of 9
PILLARS, PITS &
STREETLIGHTS prepared PE
Consulting Engineers
S1301229 E INSTALL NEW 500kVA PMT, 06.01.2021
11kV & LV CABLE, CONDUITS,
Sheet 3 of 9
PILLARS, PITS &
STREETLIGHTS prepared PE
Consulting Engineers
S1301229 E INSTALL NEW 500kVA PMT, 06.01.2021
11kV & LV CABLE, CONDUITS,
Sheet 4 of 9
PILLARS, PITS &
STREETLIGHTS prepared PE
Consulting Engineers
S1301229 E INSTALL NEW 500kVA PMT, 06.01.2021
11kV & LV CABLE, CONDUITS,
Sheet 5 of 9
PILLARS, PITS &
STREETLIGHTS prepared PE
Consulting Engineers
S1301229 E INSTALL NEW 500kVA PMT, 06.01.2021
11kV & LV CABLE, CONDUITS,
Sheet 6 of 9
PILLARS, PITS &
STREETLIGHTS prepared PE
Consulting Engineers
Page 10 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 11
S1301229 E INSTALL NEW 500kVA PMT, 06.01.2021
11kV & LV CABLE, CONDUITS,
Sheet 7 of 9
PILLARS, PITS &
STREETLIGHTS prepared PE
Consulting Engineers
S1301229 E INSTALL NEW 500kVA PMT, 06.01.2021
11kV & LV CABLE, CONDUITS,
Sheet 8 of 9
PILLARS, PITS &
STREETLIGHTS prepared PE
Consulting Engineers
S1301229 E INSTALL NEW 500kVA PMT, 06.01.2021
11kV & LV CABLE, CONDUITS,
Sheet 9 of 9
PILLARS, PITS &
STREETLIGHTS prepared PE
Consulting Engineers
10651CSP G Clearing Staging Plan prepared by 01/11/2021
Norris Clarke and O’Brien P/L as
Page 1
annotated by Council
10651CSP G Clearing Staging Plan prepared by 01/11/2021
Norris Clarke and O’Brien P/L as
Page 2
annotated by Council
10651CSP G Clearing Staging Plan prepared by 01/11/2021
Norris Clarke and O’Brien P/L
Page 3
10651CSP G Clearing Staging Plan prepared by 01/11/2021
Norris Clarke and O’Brien P/L
Page 4
10651CSP G Clearing Staging Plan prepared by 01/11/2021
Norris Clarke and O’Brien P/L as
Page 5
annotated by Council
10651CSP G Clearing Staging Plan prepared by 01/11/2021
Norris Clarke and O’Brien P/L
Page 6
10651CSP G Clearing Staging Plan prepared by 01/11/2021
Norris Clarke and O’Brien P/L as
Page 7
annotated by Council
Additional Plans
November 2021
20-000713-410 B Road C Amendments Layout Plan 20/10/2021
prepared by Calibre
20-000713-416 B Road C Additional Drainage 20/10/2021
Catchment Plans prepared by
Calibre
Additional Plans
Page 11 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 12
26 November 2021
20-000713-450 Road A Amendments Intersection 17/11/2021
Layout Plan prepared by Calibre
20-000713-451 A Road A Bio-Pods Layout Plan 17/11/2021
prepared by Calibre
20-000713-452 Road A Amendments Intersection Undated
Layout Plan prepared by Calibre
ED 20265 OPW 01 C Proposed Future Transit – Sheet 16/11/2021
Layout Plan prepared by Element
Design
ED 20265 OPW 02 C Proposed Future Transit – 16/11/2021
Streetscape Planting Plan
prepared by Element Design
ED 20265 OPW 03 C Proposed Future Transit – Details 16/11/2021
Plan prepared by Element Design
ED 20265 OPW 04 C Proposed Future Transit – Plant 16/11/2021
Schedule Plan prepared by
Element Design
ED 20265 OPW 05 C Proposed Future Transit – 16/11/2021
Specification prepared by Element
Design
Additional Plans
25 March 2022
20-000713-620 B Stormwater Amendments New 17/12/2021
Line 5 Outlet Detail Plan prepared
by Calibre
20-000713-621 A Stormwater Amendments New 14/12/2021
Line 5 Longitudinal Sections
prepared by Calibre
20-000713-623 Stormwater Amendments New 16/12/2021
Line 5 Outlet Amended Biopod
Details prepared by Calibre
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 17 December 2022, unless an application to extend the currency
period is approved by Council.
SITE SPECIFIC CONDITIONS
3. As part of the subsequent survey plan for the creation of the lots the boundaries of Covenant
J on SP182845 must be amended to:
Page 12 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 13
a. ensure that all drainage structures and associated banks, batters and scour protection
are located wholly outside of the covenant area
b. the covenant does not extend into proposed Lot 24
PRIOR TO COMMENCEMENT OF WORKS
Bonds
4. A performance and/or site control and/or compliance bond of $50000 is to be submitted to
Council prior to the pre-start meeting. The pre-start meeting will only be held once Council's
Construction Engineering Officer has confirmation that the bond monies have been received
by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
5. Bonds must:
a. meet the requirements of council’s relevant Planning Scheme Policy for performance
and uncompleted works.
b. be calculated using a schedule of works and relevant bond equation
c. have approval of the bond calculations and amount from Council prior to lodgement
d. be lodged with Council and accompanied by the Bond Administration Fee/s.
e. be requested for release by writing to Council, when relevant approval requirements
have been met.
Engineering
6. Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer
to Retention of Existing Trees Conditions)
7. All necessary approvals from external service providers (eg Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
8. Copies of the approved plans, duly signed by the consultant Registered Professional
Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
Construction at the “pre start” meeting
9. A condition report of the drainage system must be completed for agreement at the prestart
meeting. The condition report is to include a CCTV inspection of the existing pipe under
Hofmann Drive.
10. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting / prior to any works commencing.
11. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
12. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Landscape works;
c. Electrical reticulation works;
d. Erosion and sediment control works;
e. Other relevant parties
Page 13 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 14
13. A final Construction Management Plan must be submitted to Council prior to the pre-start
meeting. The plan must be generally in accordance with the Construction Management Plan
prepared by Barlow Shelley ref:1856-CMP-01 Version 2.0 dated October 2020 and include
the following amendments/additions:
a. Section 2.3
i. Working Hours
ii. Written approval must be obtained from Council prior to any works outside of the
approved operating hours
iii. No works are permitted on Sundays
b. Section 2.4
i. Amend the commencement date
c. Section 4.1
i. include “No queuing of trucks is permitted on residential streets, especially prior
to 7.00am. Further parked trucks must have engines turned off”
ii. include details on the location of external fill/dump sites/sources, the haulage
route, type of vehicle to be utilised during filling operations and frequency of
usage.
iii. include NB: any damage to the existing road system as a result of haulage
operations shall be fully repaired at the applicant’s expense
d. Section 4.12
i. include establishment of a communication protocol with the general public,
adjoining owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic and services and other relevant issues
ii. include a post out to the local residents and business advising of the proposed
development, the expected time frames and the site contact details
iii. include signage in prominent locations on the boundaries of the site advising of
the proposed development, the expected time frames and the site contact details
iv. include signage/displays in prominent locations within the adjacent shopping
centre advising of the proposed development, the expected time frames and the
site contact details
14. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
15. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
Environment
16. Provide written evidence of Council’s receipt of monies required by Clause 4 of the
Environmental Offset Agreement.
17. Ensure all retained vegetation is clearly marked out on site for inspection by Council’s
delegate
18. Provide to Council for review a staged clearing plan, endorsed by the fauna consultant to
comply with fauna management requirements in this permit.
19. Provide to Council the written findings of the fauna consultant’s pre-clearing trapping works.
Page 14 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 15
DURING CONSTRUCTION
Engineering
20. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
21. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
22. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice
b. The relevant conditions of the higher order Reconfiguration of Lot approval viz.
Judgement No 765 of 2020 to which this approval relates
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines
d. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site
Roadworks (External Roadworks & Road Widening Works)
23. All pavement widening or construction of new pavement must join neatly to the existing
pavement so that there are no irregularities in line or level resulting at or adjacent to the join
for the length of the construction. Where necessary the existing pavement must be brought
to a satisfactory standard to allow for the above.
24. All street surfacing must consist of a minimum depth of 45mm of an approved hot mixed
asphaltic concrete, unless other pavement types are approved as feature areas in
intersection thresholds, speed control devices, turning areas, indented parking etc.
25. The installation and/or modification of any traffic signs, street signs, line marking and Raised
Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok
installation system. All new signage must be Class 1 retroreflective material in accordance
with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part
1: Retroreflective sheeting.
26. The developer must notify Council’s Traffic Engineer for any works involving the removal or
modification of existing council traffic signs and/or parking bays prior to such works
commencing.
27. Root barriers are required to be installed behind the back of kerb for all new kerbs within 5m
of a trunk of a tree.
Pavement Design and Construction
28. The pavement designs shown on the engineering drawings are not approved. To attain
approval for the pavement design, the following details must be submitted and certified by
an RPEQ with the proposed pavement design:
a. The design CBR must be based on the four day soaked CBR value for the subgrade
material.
b. The design subgrade CBR must be representative of each homogenous insitu section
of finished subgrade. With respect to each section:
Page 15 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 16
i. For four or less test results, the design CBR must be taken as the least estimated
insitu CBR result.
ii. For five or more test results, the design CBR must be taken as the 10th percentile
of all estimated insitu CBR results
c. The samples must be taken generally in the position of the outer wheel path on both
sides of the proposed road. A sketch plan showing the location of all tests must be
submitted with the test results for pavement design approval
d. Where imported material has been (or is proposed to be) used for subgrade
replacement, and the depth of the imported material is less than 300mm, the pavement
design CBR must be based on the testing results of the insitu material and not the
imported material.
29. At the time of subgrade inspection, the subgrade must exhibit no visible signs of deformation
under proof rolling by a fully loaded water truck. The pavement subgrade will not be passed
until this requirement has been achieved.
30. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the roads, driveways and car park areas will remain
the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
31. Safe pedestrian access on all streets in the vicinity of the development must be maintained
at all times. Should footpath/road closures be necessary to carry out construction works,
Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
32. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
33. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Pathways
34. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must generally comply with Council’s Standard Drawing RS-065.
b. Provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards.
c. All paths must have a slip resistant surface
d. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists
e. The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard
35. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility
Page 16 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 17
Site Access and Driveways
36. Driveway crossovers must be constructed generally in accordance with Council’s Standard
Drawing RS-051
37. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
38. The following must be complied with during the construction of the required
crossovers/driveways:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete.
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway
d. Where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path
Earthworks and Retaining Walls
39. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing
the Plan of Survey.
40. Fall protection must be provided to retaining walls that are over 1m high.
41. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies
b. 1 in 4 for grassed areas.
c. 1 in 3 for planted areas
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
42. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
43. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (eg by blocking or interfering with natural overland flows).
44. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Bioretention Basins - Construction
45. The bioretention devices must be constructed in accordance with the document Construction
and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by
Design, 2009). Option 1 of the staged construction and establishment methods is to be
followed as documented in the guidelines
Page 17 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 18
46. During construction and establishment of the bioretention devices, the supervising RPEQ
must ensure that the device is constructed in accordance with the document Construction
and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by
Design, 2009) and that the forms contained in section 3.15 including the associated
supporting information and data are completed. These forms and certification from the RPEQ
that the device has been constructed in accordance with the Construction and Establishment
Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009), all
conditions of approval, and the approved engineering drawings must be submitted to Council
prior to plan sealing
47. A construction hold point with a council delegate shall be established once the bioretention
device underdrainage pipe work is installed. At the time of inspection, a sample of the
drainage layer, transition layer, and filtration media materials must be stockpiled on-site.
Laboratory results must be provided for the filter media which demonstrate that the media
complies with the specifications contained in the latest version of the “Guidelines for Soil
Filter Media in Bioretention Systems” (produced by the Facility for Advancing Water
Biofiltration) and that the minimum hydraulic conductivity specified on the approved
engineering plans will be achieved. In addition laboratory results must be provided
demonstrating that the transition layer and drainage layer meet the following bridging criteria:
a. D15 (drainage layer) ≤ 5 × D85 (transition layer)
b. D15 (transition layer) ≤ 5 × D85 (filter media
48. A construction hold point with a council delegate shall be established when the temporary
cover is to be removed from the bioretention device an inspection shall be arranged with
Council’s delegate
49. Prior to acceptance of the basin either on or off maintenance, council must receive evidence
that the results for the in-situ hydraulic conductivity testing conducted in accordance with
FAWB PRACTICE NOTE 1: In Situ Measurement of Hydraulic Conductivity Belinda Hatt,
Sebastien Le Coustumer April 2008 for the bioretention filter media achieve the design
criteria.
Bioretention Basins – Maintenance & handover
50. Subsoil drains are to be cleaned out and accumulated sediment manually removed from the
surface of basin and coarse sediment forebays at Off Maintenance and as required during
the maintenance period.
51. All stormwater quality treatment devices must be maintained by the development in
accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version
1) until they are accepted as Off Maintenance by Council.
52. Any defects in WSUD devices identified during the maintenance period must be reviewed
and a report recommending required rectification works submitted to Council and endorsed
by Council’s delegate. Works to repair the device and prevent the problem occurring in the
future must be completed and the device maintained for a minimum period of 12 months prior
to the WSUD device being accepted as Off Maintenance.
53. Prior to council accepting the bioretention devices Off Maintenance, maintenance checklists
including the full cost of maintaining the devices in accordance with Water by Design (2009)
Maintaining Vegetated Stormwater Assets (Version 1) must be submitted to Council.
Bioretention Basins - Education
54. The development shall be provided with approved Permanent signage to educate the public
on the function of the bioretention basin. The wording for the signage for each bioretention
basin is to include: “BIORETENTION BASIN - This bioretention basin reduces the pollution
of our waterways by reducing the amount of heavy metals, litter, suspended solids, and
nutrients discharged to Lake Weyba”.
Page 18 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 19
Erosion and Sediment Control
55. Prescribed Water Contaminants (as defined in Schedule 9 of Environmental Protection
Regulation 2008) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination. These
measures must be designed, implemented and maintained in accordance with “Best Practice
Erosion and Sediment Control” published by the International Erosion Control Association
(Australasian Chapter) (IECA, 2008), to the extent that such measures and practices are also
consistent with the following:
a. Minimise Erosion
i. For areas of the site which drain to a sediment basin, implement drainage and
erosion control measures prior to rainfall which prevent or minimise rill erosion
and gully erosion
ii. For areas of the site which do not drain to a sediment basin, implement drainage
and erosion control measures prior to rainfall (including contingency measures)
which prevent or minimise erosion, including rain drop erosion, chemical erosion,
rill erosion and gully erosion
iii. Prior to the sealing of the plan of survey for the development, all site surfaces
must be effectively stabilised using methods which have achieved effective short-
term stabilisation and which will continue to achieve effective stabilisation in the
medium to long-term. For the purpose of this condition, an effectively stabilised
surface is defined as one that does not, or is not likely to result in visible evidence
of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead
to water contamination.
b. Manage concentrated stormwater flows
iv. Prior to each rainfall event ensure concentrated stormwater flow paths are
provided with capacity in accordance with IECA (2008) Table 4.3.1 and are
structurally stable in all rainfall events for the following sources:
(a) From stormwater catchments upslope of the area of disturbance
which are either stable or external to the site, ensure stormwater is diverted
or managed either:
i. around the site or through the site without causing erosion and
without contaminating the flow; or
ii. if it is impractical to convey the flows around or through the site,
convey the flows into appropriately sized sediment basins without
causing erosion
(b) From all disturbed areas of the site to sediment basin(s) without causing
erosion
c. Minimise sediment released from the site
i. Install and maintain sediment basins for each disturbed catchment area of the
site and including undisturbed catchments which cannot be diverted, such that:
(a) Each basin is sized and operated in accordance with either a Type-A or
Type-B sediment basin as documented in IECA (2008) Appendix B (June
2018).
(b) Each basin is to be provided with an automated system of flocculent dosing
and a suitable supply of flocculent/coagulant, with the type of
flocculent/coagulant determined based on Chemical Coagulants and
Flocculants Fact Sheet (IECA, 2018).
(c) Markers are provided within each basin indicating the maximum sediment
storage level and any additional water storage capacity for water reuse.
Page 19 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 20
(d) During discharge from the primary outlet system, the concentration of total
suspended solids (“TSS”) discharged does not exceed 50mg/L and that pH
is within the range of 6.5-8.5 unless entering a naturally acidic environment.
ii. Install and maintain additional sediment control measures within the site, as
necessary to maximise sediment capture.
iii. Minimise the tracking of dirt from the site onto roadways. Ensure that all dirt on
roadways caused by vehicles leaving the site is removed without causing water
contamination, prior to rainfall and at least at the end of each work day.
56. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
57. Earthworks and the implementation of erosion and sediment controls are undertaken in ways
which ensure flooding characteristics (including stormwater quantity characteristics) external
to the development site are not worsened during construction for all events up to and
including the 1% AEP (1 in 100 year ARI) event.
58. Drainage paths must be regularly inspected to ensure the sediment fences/measures are not
being bypassed as a result of sediment build up. Sediment laden runoff must be prevented
from leaving the subject site and entering neighbouring properties and/or stormwater
systems.
59. Soil exposure must be limited on the site to a distance of no more than 2m beyond the extent
of earthworks shown on the approved plans except where the exposed soil is effectively
stabilised without delay and prior to rainfall occurring.
60. A log book for the Erosion and Sediment Control measures and inspections must be
maintained by the site manager and made readily available to Council when requested. The
supervising engineer must verify and endorsed the E&SC measures upon their installation,
and periodically check these measures and the log book during construction and the
stabilisation stages. Any defects in erosion and sediment control devices, such as sediment
fences, are to be inspected and documented. Upon Inspection, the contractor is to determine
whether the device should be replaced or repaired. Documentation is to include how the
damage was caused and what measures can be implemented to reduce the possibility of
repeat occurrences. Any damage to either permanent or temporary water quality control
structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC
measures are to be inspected:
a. at least daily (when work is occurring on site) or weekly (when work is not occurring on
site); or
b. within 24 hours of expected rain; or
Page 20 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 21
c. within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to
mobilise sediment on site).
61. The developer and the principal contractor must make the site available for inspection by
Council Officers or their representatives at the following times:
a. Any construction hold points described in this permit
b. Any regular inspection period agreed at the pre-start meeting
c. At any time where Council is responding to a complaint from the public
d. The developer and the principal contractor must make the site available for inspection
by Council Officers or their representatives upon giving of reasonable notice.
Vegetation Protection
62. A qualified person * must be engaged for the duration of the works to:
a. Ensure works are carried out in accordance with the recommendations of the approved
Arborist Report
b. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
c. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
d. Oversee approved tree removal in proximity to retained trees.
e. Undertake a risk assessment of all trees within striking distance of the development
works and site and carry out hazard removal and amenity pruning in accordance with
AS 4373, Pruning of amenity trees, prior to a request for on-maintenance.
*(Refer to Advisory Note)
63. Vegetation areas for protection must:
a. Be protected with a 1.8m high temporary safety fence or temporary barrier mesh /
three-strand wire with pickets at 3m centres.
b. Have the fence installed prior to the prestart meeting and maintained for the entire
period of construction.
c. Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
d. Have no construction material, equipment or personnel entering the vegetation areas
for protection except to undertake approved rehabilitation activities.
e. Be protected from any damage except approved controlled burns and/or Council
approved vegetation removal for the protection of persons or property.
f. Include assessment and works by a qualified (person) Arborist* prior to On and Off
Maintenance, to identify and mitigate tree hazards to persons or property.
*(Refer to Advisory Note)
Fauna Management
64. A qualified person* must be engaged to manage fauna prior and during clearing to:
a. Ensure works are carried out in accordance with Section 4 of the approved Fauna
Management Plan and the Nature Conservation Act 1992.
b. Undertake pre-clearing inspections including fauna relocation and removal or blocking
of all vacant hollows.
Page 21 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 22
c. Provide a written report to Council with the request for the prestart meeting of all pre-
clearing activities and initiatives.
d. Co-ordinate staging and sequence of clearing with fauna protection.
e. Protect and recover fauna during clearing operations (fauna not previously removed).
f. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
g. Undertake protection works for mulching of any stockpiled vegetation.
h. Conduct a pre-clearing trapping program targeting native ground-dwelling and arboreal
mammals. The trapping program will be designed to move through the site, in
accordance with the tree clearing program. Each area will be trapped for a minimum of
four (4) nights, and any animals captured will be relocated to suitable habitat area/s
outside of the construction and clearing works area.
i. The program will utilise the following trapping methodologies:
i. Pitfall traps/funnel traps
ii. Small (Type A) Elliott traps;
iii. Medium (Type B) Elliott traps;
iv. Cage traps
v. All traps will be baited with the universal mixture of peanut butter, honey and
rolled oats.
j. Once each area has been trapped, and the extent of the trapped area clearly identified
the groundcover and midstorey will be cleared utilising a slasher with a mulching head
attachment or similar. Any hollow-bearing trees and/or other significant habitat
features identified during the initial site inspection will be retained. All under scrubbing
works will be completed with a suitably qualified fauna spotter/catcher in attendance.
*(Refer to Advisory Note)
Clearing trees
65. Clearing non-habitat trees must be conducted in the following manner:
a. After under scrubbing of each area is complete, non-habitat trees (i.e. trees other than
those identified as habitat trees) will be cleared and stockpiled for mulching. Clearing
of non-habitat trees will only occur where their removal will not impact on identified
habitat trees (e.g. canopies do not interconnect with habitat trees).
66. Clearing habitat trees must be conducted in the following manner:
Hollow inspection and removal
67. After under scrubbing and clearing on non-habitat trees, an elevated work platform or cherry-
picker will be used in conjunction with a chainsaw operator and suitably qualified fauna
spotter/catcher to inspect and remove hollows a necessary prior to habitat tree felling. This
method involves the fauna spotter/catcher inspecting each of the potential habitat features
(usually hollows, dreys and arboreal termite nests) to determine the presence of arboreal
fauna. This process is detailed following the step by step basis below:
a. The fauna spotter/catcher (with arborist unless the fauna spotter/catcher is a qualified
chainsaw operator) will inspect each visible hollow or potential habitat resource (i.e.
ringtail possum drey) identified in each tree using the cherry-picker. This is usually
carried out by simply looking into hollows with the assistance of a small torch, however,
burrow and bore-scopes can also be useful for deep hollows.
Page 22 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 23
b. If fauna is located within a hollow, a piece of towel or rag will be firmly laced in the
entrance to prevent the wildlife form escaping as in most cases arboreal fauna become
aware of the presence of the fauna spotter/catcher and may attempt to flee the
nesting/denning hollow due to a perceived threat. If an occupied ringtail possum drey
is encountered, the fauna spotter/catcher should quietly approach (i.e. avoid contacting
other branches) the drey in the cherry-picker bucket and physically capture the possum
by placing the entire drey in a catch bag or only the possum if it emerges from the drey.
c. Once the hollow entrance has been secured the arborist or fauna spotter/catcher will
cut the entire hollow limb off below the cavity where the branch remains solid. In
circumstances where a hollow continues into the main stem of the tree, a small window
will be carefully cut into the hollow, allowing the fauna spotter/catcher to plug the hollow
above and below the window, then the hollow limb removed and lowered to the ground
in sections.
d. When the fauna has been safely secured within its hollow, the entire limb can then be
placed in the cherry-picker bucket or lowered to the ground using ropes depending on
the size of the limb.
e. This limb will then be placed in a cool, quiet location until translocation to the recipient
habitat site, when at dusk the follow entrance is re-opened to allow the fauna to emerge
of its own accord.
68. Vegetation clearing must:
a. Be conducted in accordance with the approved Fauna Management Plan and
conditions of this approval.
b. Be in accordance with the Court approved clearing plan 10651BHP Issue C dated
17/08/2020, excluding for lots 17, 18 and 19.
c. Ensure clearing of the koala habitat trees is carried out in a way that ensures koalas
on the area being cleared (the clearing site) have enough time to move out of the
clearing site without human intervention, including, in particular, for clearing sites with
an area of more than 3ha, by—
i. carrying out the clearing in stages; and
ii. ensuring not more than the following is cleared in any 1 stage—for a clearing site
with an area of more than 6ha—3ha or 3% of the site’s area, whichever is the
greater; and
iii. ensuring that between each stage and the next there is at least 1 period of 12
hours starting at 6p.m. on a day and ending at 6a.m. on the following day during
which no trees are cleared on the site;
iv. clearing of the koala habitat trees is carried out in a way that ensures, while the
clearing is carried out, appropriate habitat links are maintained within the clearing
site and between the site and its adjacent area, to allow koalas living on the site
to move out of the site;
v. no koala habitat tree in which a koala is present, and no koala habitat tree with a
crown overlapping a tree in which a koala is present, is cleared.
d. Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
e. Mulch all other wood and leaf material (without root balls, soil or debris and minimising
weed seeds) for re-usable mulch.
f. Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
of three months.
g. Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
between piles.*
Page 23 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 24
h. Allow for existing endemic ground flora to be translocated to suitable landscaping and
rehabilitation areas.
i. Conclude with the area being stabilised against erosion, landscaped, rehabilitated and
revegetated.
*(Refer to Advisory Note)
Bushfire Management
69. The development must be carried out and certified by a qualified person* in accordance with
the approved Bushfire Management Plan.
*(Refer to Advisory Note)
Landscaping
70. Landscape works must:
a. Delineate all planting to grassed area interfaces with a spade cut edge.
b. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
c. Ensure permanent irrigation is not installed within the road reserve.
d. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
applied to all planting areas to ensure a minimum 100mm depth once settled.
e. Ensure the 10m wide vegetation retained along Walter Hay Drive is densely
landscaped to ensure a visual buffer is retained and enhanced.
71. Street trees must:
a. be certified to meet Australian Standard AS2303 – Tree Stock for Landscape Use
b. a minimum pot size of 100L
c. be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
d. be certified to be planted into a minimum of volume of 200L of structured soils.
72. Turfed areas must be must be free of pest, diseases and weeds and level with adjoining
surfaces.
73. Soil for landscaping must:
a. provide for healthy and sustained site specific vegetation performance.
b. comply with AS 4419, Soils for landscaping and garden use.
74. No planting of Hibbertia scandens, Myoporum sp. or other vines in areas which will be
dedicated to Council.
Damage to Services and Assets
75. 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.
Page 24 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 25
FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
76. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
As Constructed Plans and ADAC XML Files (Council)
77. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information shall include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
c. The “As-Constructed” drawings will require certification by a:
i. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
ii. Licensed Surveyor in regard to the cadastral and locational information, levels
and applicable survey datum.
d. The data must be in accordance with Council’s “Planning Scheme Policy 5 –
Engineering Design Standards – Roads, Drainage and Earthworks”, and fully detail the
levels for all engineering works including but not limited to the drainage network and
structures, finished ground and pavement surface levels.
e. Landscaping, including all assets and improvements within parks, open space and road
reserves areas are to be shown on an accompanying separate landscape plan
(prepared in .dwg file format with accompanying hardcopy PDFs) and include a
complaint ADAC XML file. Details of the landscaping and all associated assets and
improvements may be included in the ADAC XML digital file prepared for associated
civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file
containing landscape and asset information only.
On Maintenance
78. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to survey plan sealing. To achieve ‘On
Maintenance’, the supervising RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit
b. as Constructed details in accordance with Council’s Planning Scheme Policy
c. maintenance and operational manuals for all proprietary or site specific devices
Page 25 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 26
79. The developer is responsible for the maintenance of all development works which are to
become Council assets (includes civil infrastructure, landscaping, open space areas, park
improvements) for a minimum period of 12 months or as otherwise advised by Council. This
period will commence from Council’s formal acceptance of the development “on
maintenance”.
80. The developer must submit a Maintenance Bond to Council to ensure the above works are
maintained during this period. The maintenance bond must be:
a. 5% of the agreed value of the development obligations; or
b. $1500, whichever is the greater amount.
81. Prior to requesting an On Maintenance inspection, the following information package
(prepared by respective qualified persons* and certifying compliance with approvals) must
be submitted to Council:
a. All required bonds.
b. Landscaping certification including certification of street trees to meet Australian
Standard AS2303 – Tree Stock for Landscape Use
c. Safety Risk Assessment of all the publicly accessible areas dedicated to Council.
Certification that all recommendations for appropriate control measures have been
undertaken.
d. Arborist Report documenting and certifying the findings and outcome of the arboreal
risk assessment.
e. Fauna Report documenting the findings and outcome of the fauna protection works
undertaken.
f. Bushfire certification
Off Maintenance
82. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
83. Final Arborist Report documenting and certifying the findings and outcome of the arboreal
risk assessment.
84. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements
b. submitted certification falsely states works comply with approval requirements.
85. All cleared areas as a result of these works must be effectively stabilised, and densely
revegetated with local native species suitable for the location where located within an open
space area or covenant area.
Additional Conditions – 28 March 2022
86. Vegetation removal required for the pipe and headwall works and the swale drain works must
occur in accordance with the approved Arborist Report (no. J28316 dated March 2022).
87. Trees to be removed are required to be offset at a ratio of 2:1 with final planting locations to
be determined on site in accordance with Council’s delegate.
88. Offset replacement planting species must be a mix of species removed during the approved
works including; Eucalyptus resinifera (Red Mahogany), Syncarpia glomulifera subsp.
glomulifera (Turpentine), Corymbia intermedia (Pink Bloodwood), Eucalyptus robusta
(Swamp Mahogany), Melaleuca quinquenervia (Broadleaf Paperbark) and Eucalyptus
grandis (Flooded Gum) or other species approved by Council.
Page 26 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 27
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Advice Energex Limited Town Planning Regulation The agency provided its
Planning GPO Box 2017 Schedule 10, Part response on 7 October
1461 BRISBANE QLD 9 – Infrastructure 2020 (Reference No.
4001 Related Referrals HBD 7056534. A copy
of the response is
attached.
Advice Energex Town Planning Act 2016, The agency provided its
Planning, GPO Box section 80. response on 8 January
1461 BRISBANE QLD Referral trigger Sch 10, 2020 (Reference No.
4001 Part 9, Division 2. ECM 36637435-
36846105). A copy of
the response is
attached.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Advisory Notes
1. The submitted Acoustic Report has not been approved as part of this permit. The submitted
report does not fully address condition 5 of the associated higher order approval – Judgement
No. 765 of 2020. The report does not fully address the noise generated from the shopping
centre operations and equipment, deliveries, truck movements and rubbish collection.
2. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects
of the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
3. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
4. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections and Bonds
5. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
Removal of Existing Trees and Vegetation
6. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
7. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
Page 27 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 28
8. A minimum maintenance period of 12 months will apply to all municipal works and thereafter
until such time as the works are performing in accordance with the approved design unless
noted otherwise
9. Development obligations refers to all conditions of approval relative to the development
permit. This includes, but is not limited to, Civil Works, Park improvements, landscaping,
provision of “As Constructed” information, test certificates, revegetation, sediment and
erosion control.
Environmental Advisory Notes
10. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
11. Accepted best practice standards include:
a. International Erosion Control Association Australasia Best Practice Erosion and
Sediment Control document
12. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ)
13. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as
in the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
If at the time of request for plan sealing, the method of short-term stabilisation has not
achieved a level of stability that Council's Officers believe will have a high probability
of achieving long term stability (i.e. until house construction has occurred on all lots),
Council Officers may take the following matters into consideration in determining
whether the site is capable of achieving medium to long-term stability:
• evidence that the site has been effectively stabilised in the short term;
• evidence that soil has been adequately ameliorated;
• evidence that seed of annual and perennial grass species has been applied at
an adequate rate; and
• that grass seed has germinated at a density that is likely to achieve an effective
grass cover.
For example, while hydromulch can provide an immediate and effective stabilising
cover to soils, the protective cover can be relatively short-lived if vegetation fails to
establish before the thin layer of mulch decomposes. So if hydromulch is selected as
the method of temporary short term stabilisation, Council Officers will seek to confirm
that perennial as well as annual grasses are well established at the time of plan sealing
to reduce the risk of instability of the site in the medium to long term. As a general rule,
hydromulch will only be accepted as a “patch” fix and should comprise no more than
20% of the exposed site area due to the high risk of failure. Due to the requirement to
Page 28 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 29
progressively stabilise exposed areas, it is not envisioned that this will present any
difficulties for an appropriately managed and compliant site
Landscaping
14. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and either:
iii. International Society of Arboriculture (ISA) certification; or
iv. A Diploma of Arboriculture
c. Undertaking Fauna site works and calculating compensatory habitat is considered to
be a Fauna Spotter Catcher with current certification under the Queensland Parks and
Wildlife Service.
d. Supervising and certifying Bushfire Management is considered to be an Ecologist with
suitable experience or a person with Fire Protection Association Australia – Bushfire
Planning and Design certification.
Aboriginal Cultural Heritage Act 2003
15. 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 Unit to discuss any obligations under the ACH Act.
Infrastructure Charges
16. 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
Infrastructure Charges
17. 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.
7. PROPERTY NOTES
Not applicable.
8. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Lots 17-19 and 21
Page 29 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 30
Acoustic Fencing/Barriers
Development Permit for Building Works All building work.
9. SUBMISSIONS
No applicable.
10. 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.
11. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Stacey Clohesy
Senior Environment Officer | Development Assessment
Development & Regulation
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
Cc: Energex - [email protected]
DECISION NOTICE HISTORY
• Original Decision Notice - 17 December 2020
• Decision Notice - Minor OPW20/0145.01 – 25 February 2021, with an amendment to 1(include Electrical Plans and Stage 4
clearing Plans) and additional 85.
• Decision Notice - Minor OPW20/0145.02 – 18 March 2021, with an amendment to condition 1
• Decision Notice - Minor OPW20/0145.03 – 24 November 2021, with an amendment to conditions 1
• Decision Notice - Minor OPW20/0145.04 – 26 November 2021, with an amendment to condition 1
• Decision Notice – Minor OPW21/0145.05 – 28 March 2022, with an amendment to condition 1, and additional conditions 86, 87
& 88.
• Decision Notice – Minor OPW21/0145.06 – 2 February 2026 with an amendment to condition 1.
Page 30 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Page 31
8 January 2026 energex Chief Executive Offcer Positive energy Noosa Shire Council Via email: mail@noosa_gid.gov.au cc Stockwell Development Group Pty Ltd Attention: Holly Lucas Via email: holly [email protected] Dear Sir/Madam, Affected Entity (Energex) Response Notice Council Ref: OPW20/0145.06 Our Ref: ECM 36637435-36846105 As an Affected Entity to the below referenced Minor Change application the following response is provided in accordance with Section 80 of the Planning Act 2016. Development Details Applicant Stockwell Development Group Pty Ltd Assessment Manager Noosa Shire Council Council Application No. OPW20/0145.06 Street Address 63, 65, 67 & 69 Hofmann Drive Noosaville Real Property Description 4SP322201, 5SP322201, 6SP322201, 3 SP322201 Development Type Minor Change to Operational Works Referral Trigger O Schedule 10, Part 9, Division 2, Table 3, Item 1 (10.9.2.3.1) - Operational Work on premises subject to an easement for the benefit of a distribution entity under the Electricity Act for a supply network; or part of the lot is within 10m of a substation site Impacted Electrical Easements EA, EB, EC on SP322201 — U/G LV Cables Infrastructure Energex provides the following response to the application in accordance with Section 80(4) of the Planning Act 2016. Component of Advice Agency direction Development OPW B S$80(4)(a} no objection Energex notes the minor change application relates to changing the requirement for a 10m wide landscaped buffer for Lot 4 to 7m. Energex's Original Referral Response dated 7 October 2020 reference number HBD 7056534 remains relevant to the application. Document Set ID: 24395463 Page 31 of 35 Version: 4, Version Date: 03/02/2026
Page 32
Energex). Should you require any further information on the above matter, please contact Harriet Veal on 0427 293 604 or via email at [email protected].au- Yours faithfully, WarreatVeak Harriet Veal Town Planner Have you seen our fact sheets? Document Set ID: 24395463 General Advice: = Compliance with the Electrical Safety Act 2002, including any Code of Practice under the Act and the Electrical safety Regulation 2013 including any safety exclusion zones defined in the Regulation is mandatory Should any doubt exist in maintaining the prescribed clearance to the overhead conductors and electrical infrastructure then the applicant is obliged under the Act to seek advice from Energex. = Any costs incurred by Energex as a result of the works on the easement are to be met by the property Developer / owner. = This response does not constitute an approval to commence any works within the easement. Consent to commence works relevant to the conditions of the easement is required. All works on easement (including but not limited to earthworks, drainage and detention basins, road construction, underground and overhead services installation) require detailed submissions, assessment, and consent (or otherwise) by Energex. = All works proposed to be undertaken in close proximity to overhead or underground electrical lines are to be undertaken in accordance with Energex's Works Practice Manual WP1323. This document refers to various standards, guidelines, calculations, legal requirements, technical details, and other information relevant to working near high voltage infrastructure. A copy of WP1323 can be found online via Energex's document library (Document library ‘See the ‘considerations when developing around electricity infrastructure’ section of our website Jawa energex. com aulreferralagency Version: 4, Version Date: 03/02/2026 Page 32 of 35
Page 33
7 October 2020 Noosa Counc’ PO Box 141 Tewantin QLD 4565 Attention: Mark Lewis Via emai: mali@noosa gid gov au ce Dear Mark, Stockwel Development Group Pty Lic PO Box 3144 Soutn Brisbane QLO 4101 Aftention: Hamtson Hurst Via email: harry pursti)stockwels com Referral Agency Response - Development Permit for Carrying out Operation work Telecommunications, Street Works, Earthworks, Electrical, Landscaping. Roadworks, Traffic (Drainage Signage, Stormwater and Clearing) at Noosa Civic 28 Eenle Creek Road, Noosaville (Lot 3 on $P246584) Council Ref: OPW20/0145 Applicant Ref: N/A Our Ref: HBD 7056534 We refer to the abovementioned Development Application, which nas been referred to Energex Limited pursuant to section 54(1) of the Planning Act 2016. In accordance with Regulation 2017, the application has been assessed against the purposes of =| the Electricity Act 1994 and Electrica! Safety Act 2002. This notice Is Schedule 10, Part 9, Division 2 of the Planning ey provided In accordance with section §6 of the Planning Act 2016. Paints Should the Assessment Manager decide to approve the proposed _ Operational Work, a6 an Agvice Agency for the Development Application, a. sin reese Energex advises the following In retation to the development: Mobite OAS5 403 a 1. The development Is to De carried out In accordance with the plans Facsimiie identified below. Any changes to these plans should be resubmitted pose ra to Energex for further review and comment. 7 Dy te ee) aegqeme at be lg od Date CONpO te OF Extworks Layout Pian | Ewoo A 13 September a nenean 7a8 2013 GPO Bax 1481 Geabere Gis 4001 Road Works Layout Rat 8 25 August 2020 Tetoghane @) 2006 4000 Fecemde (07) X25 6301 2. The conditions of any easements in favour of Energex must be mantained at ail times. Reference: HBO TOS6S34 Document Set ID: 24395463 Version: 4, Version Date: 03/02/2026 Page 33 of 35
Page 34
Document Set ID: 24395463 Version: 4, Version Date: 03/02/2026 3. Access to the easement and access the easement must De available to Cranes tor construction, maintenance and emergency services, at af times. 4. Energex must de notified of construction on or near the easement, conductors or structures prior to commencement of construction. 5. Stockpiling of spoll on the easement Is prohibited. 6. The folowing clearance must De maintained from the top of any machinery moving in the vicinity of energised conductors at all times: * 132kV and 110kV conductors - 4.5m minimum clearance All operators of machinery are to be made aware of the presence of nigh vorage conductors. Snoud R De necessary #0 transport equipment oF extend confidently maintaines, a any équipment, such that these clearances cannot be Safely Aadoe request must be eubmiles to Energex via tie folowing ii: 7. Lighting structures are not permmted in the easement without prior written consent of Energex. Lighting designs for proposed developments (e.g. road, carparks etc) on the easement are likely to require reduced height structures. Piease submit detalied design to Energex for approval. These drawings must Clearly show the following: © Proposed height of the lighting structures and the ground level at the structure Dase; © Relative (to Ighting structures) ground levels at Energex structures (towers, pole etc) elther side of the Eghting structures; and © The location of the Energex structures in relation to the proposed lighting. 8. Any future works in the vicinity of Energex assets are to be carried out In accordance with the Electricity Entity Requirements: Working Near Overhead and Underoond Elechi: Lines. Yate guiteine cam be Smewed vis Se following link: nttpsviwww_energex com au/nome/safety/satety-around-the- Network/satety-a0vios Should you require further information regarding this matter, please contact the undersigned on 0455 403 399 or penjamin fresseqpenergya com au, Yours tatthtuty, Be. Benjamin Freese Town Planner Have you ceen our thot chests? ‘See the ‘considerasons when developing around electricity Infrastructure’ section of our webste Mme sreroey com ureter aoe y Page 34 of 35
Page 35
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.
Page 35 of 35
Document Set ID: 24395463
Version: 4, Version Date: 03/02/2026
Used in these records
Decision Notice OPW20 145 06 (As Published).pdfRelated documentApplication case desk ↗
About this file
- File size
- 957 KB (small file)
- File type
No other editions are linked here.