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Other Change Decision Notice - Council Meeting Decision 131998 981211 5
Officer: Nadine Gorton
Direct Telephone: 07 53296215
2 January 2025
Christian Youth Council
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 19 December 2024, Council decided to approve
the application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 131998.981211.5
Street address: 59 Kabi Rd Cootharaba Qld 4565
Real property description: Lot 394 M 371117, Lot 7 RP 216403, Lot 650 M 37380
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 16 March 2000:
• Material Change of Use – Integrated Permaculture Designed Organic Orchard and
Golf Course Complex (18 holes)
In relation to the request to make an Other Change to the existing approval to include a
Group Farm Stay Accommodation and Associated Supporting Infrastructure , Council on 19
December 2024, decided to approve the requested changes. The changes are detailed
below.
A. Approve the application.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
Building
1. The Plans submitted for the Development Permit for building works are comply with the
approved plans.
2. Construction work associated with the 18 hole par 3 golf course element of the complex
shall not be permitted on Sundays public holidays or between the hours of 6:00 pm and
7:00 am, provided that these hours may be modified with specific approval from the
Manager of Building.
Health
3. A greased arrester should be provided at the clubhouse (if food preparation or cooking
occur). Include all trade waste information on the hydraulic drawings.
Engineering
4. Prior to undertaking any excavation, the person acting on this permit shall contract public
utility service providers to ascertain the location of their underground services.
5. For the following classes of work associated with development, a Development Permit
for Operational Works must be obtained prior to commencement of works relating to that
class of work. The application may combine any or all of these classes of work –
• Access and/or carpaking
• Drainage
• Frontage works
• Roadworks
• Site Filing
• Excavation of materials to fill another site
• Landscaping
6. The person acting on this permit shall apply and obtain for all other necessary permits
including crane permits, road opening permits, hoarding permits, footpath occupation
permits and/or any other approvals required under any other Act.
7. Before the issue a Development Permit for Operational Works, the Applicant shall sign
a written undertaking to be responsible for the full cost of repairs to road pavement,
footpath, kerb and gutter, or other Council property damaged as a result of construction
of the proposed development.
If any Council property or facilities (such as underground drainage) is damaged by any
person acting under a condition of this permit, though may cause whatsoever in the
course of, directly or indirectly carrying out development, that person shall forthwith
notify the Manger-Land Development an shall forthwith rectify that damage as its cost
and to the satisfaction of the Manager-Land Development.
Alternatively, the Applicant may request the Council to carry out the rectification works.
In all cases, Council reservices the right to carry out rectification works in an emergency
and where no reasonable attempt has been made to complete the rectification works as
part of the development.
All costs incurred by Council in any rectification works shall be repaid to Council prior to
the commencement of the use.
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8. The Assessment Manager for building work shall ensure that all other permits required
by this permit have been obtained and outcomes from imposed conditions incorporated
into the building plans prior to issue of a Development Permpermait for Building Works.
9. All parking associated with the approved use shall be provided within the development
site.
Formalised On-Site parking shall be for at least 80 car spaces, 2 Tourist Bus bays,
including a minimum of 10 spaces for staff. At lease 4 spaces shall be clearly marked
for disabled car spaces.
Additional contingency car parking shall be provided on shite for at least another 10 car
spaces and 1 tourist Bus and expanded as necessary to meet demand.
The car parking areas shall be designed to comply with the provisions as AS 2890.1-
1993 for user class 2.
10. The formal car parking area shall be drained and the constructed with gravel pavement
using materials that minimise dust.
The access from the property boundary to the car park area shall be constructed to
access road standards except as a sealed road for the first 100 meters from the property
boundary and gravel thereafter using materials consistent with the formal car park area.
Plans specifications for these works shall be submitted in conjunction with an application
for a Development Permit for Operational Works
11. Provided that the use authorised by this permit has not lapsed, all carparking shall be
kept maintained and line-marked in a condition fir for use to the reasonable satisfaction
of the Manager-Land Development.
12. A contribution toward roadworks external to the development site in the Cootharaba
Road catchment shall be paid prior to the commencement of this approval use. The
amount of the contribution as at September 1999 is $100,000 and shall be subject to
changes in the Consumer Price Index, All Groups Brisbane, up until the date of payment.
13. Prior to the commencement of the use, Kabi Road shall be upgraded to local road
standard of 6m seal on 8m gravel formation for its full length from the intersection with
Cootharaba Road to the development site, at not cost to Council. Subject to satisfactory
traffic management being incorporated into the design of Kabi Road and fill batters being
at a maximum grate of 1:6, the gravel pavement width may be reduced to 7 metres.
Design details to be submitted in conjunction with the application for a development
permit for operational works.
14. No Council property of facility shall be interfered with during works associated with this
development.
15. All designs for engineering works involving the construction of pavements, kerb and
channel, vehicular access, footpaths, turnouts, stormwater drainage, water supply or
sewerage reticulation shall be prepared in accordance with the requirements of
Council’s Engineering Design Standards, shall refence where applicable to Council’s
Standard Drawings and shall incorporate best engineering practice.
16. A suitably qualified Registered Professional Engineer shall prepare engineering
drawings and specifications for all engineering works which shall be submitted in
conjunction with an application for Development Permit for Operational Works.
17. Prior to commencement of the use, a certificate shall be submitted to Council from a
registered Professional Civil Engineer certifying that he has supervised all operational
works and that all works have been completed in workmanlike manner in accordance
with good engineering practice and in accordance with permits/approvals required
pursuant to this approval.
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18. The following steps are undertaken prior to commencement of any construction on a
public road:
• The Principal Contractor shall give Council’s Inspector seven (7) days’ notice of
intention to commence works.
• The Principal Contractor or any of this subcontractors shall not undertake any
works unless each contractor has public liability insurance in the sum of
$10,000,000 and copies of current public liability insurance policies are submitted
to Council’s inspector.
• The Principal Contractor shall nominate a site representative and give a telephone
number that can reach the site representative at any time during a 24 hour day.
• The site representative shall arrange to meet on-site with Council’s Inspector to
obtain Council’s requirements for construction of access.
• All signage, including that for safety during construction, shall be in accordance
with the Manual of Unifor Traffic Control Devices and Department of Transport
(Main Road Division) Roadworks Signing Guide.
19. The Transportation of all materials to and from the development site shall be undertaken
in a manner such that no particulate matter escapes onto a public road. All vehicles
carrying materials either to or from the development site shall be covered to prevent
materials including dust being windblown from the vehicle.
20. A program of works is to be submitted with any application for a Development Permit for
Operational Works detailing the construction schedule and proposed prevention
measures.
Where the program is changed for any reason whatsoever, a copy of the revised
program shall be submitted to Council’s Works Inspector within seven (7) days.
21. Operational works are to be carried out in a manner that prevents:
• Pollution of a waterway
• Dust nuisance to residents in the vicinity
• Transfer of dirt and debris onto a public road
• Excessive noise (less than 1.5 Dba above ambient measured at the lot
boundaries)
• Excessive traffic delays (less than 5 minute delays)
• Diminution of neighbourhood amenity (long term parking of employees vehicles,
parking of construction equipment etc.)
22. Where operational works are likely to affect nearby residents, at least 3 days notice of
commencement of work, the name of the site supervisor, and a 24 hour contact
telephone number shall be distributed to affected residents.
23. Fill imported to the site may only be from a site licensed with The Environment Protection
Authority or from a site for which a development permit for operational works has been
issued.
24. A practicing Geotechnical Engineer shall test the existing ground conditions for suitability
of placing additional fill prior to such fill being placed.
Filling works shall be restricted to the subject site itself, and the finished fill levels are to
taper to the existing levels prior to the rear boundary of the property. Batters shall be
at a maximum grade of 1:4 unless retained by a wall.
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Any existing fill or natural materials on the development site or with the extent of
approved works external to the site which do not satisfy the Manager-Land
Development’s or a Geotechnical Engineer’s requirements shall be removed and
replaced with suitable material.
25. Fill shall be compacted to 95% relative dry density as per Main Roads Department Test
No. W8A, and all work shall be supervised by a qualified Geotechnical Engineer who
shall certify that fill has been compacted to the required standard.
26. The sewerage system for the club house and any toilet and washing facilities shall be
designed to cater for a minimum hydraulic loading of 4,000 litres per day with peak
loadings above 4,000 l/day being determined from details estimates.
27. Pursuant to Item 15 of Schedule 1 to the Environmental Regulation, 1988, a current
licence shall be held for this sewerage facility from the Environment Protection Agency
(EPA).
28. Disposal of septic and sullage effluent may be by domestic aerated sewerage treatment
plan approved with disposal of final effluent by sub-surface irrigation. This system may
be used in conjunction with an approved composting toilet. Full details shall be
submitted to Council together with a copy of the EPA licence.
The Installation, operation and maintenance of the system shall be in accordance with
all licence conditions.
29. A detailed geotechnical report from a registered professional geotechnical engineer shall
be submitted covering the disposal area for the effluent disposal area. All
recommendations of the geotechnical engineer shall be incorporated in the design of
the disposal area.
30. A final Environmental Management Plan (EMP) covering all aspects of the development
including all operational works as outlined in the Response to Finalised Information
prepared by Gary Dillon and Associates dated 20th April shall be submitted for approval
as part of the application for a development permit for Operational works. All baseline
data required to establish performance benchmarks shall be undertaken and included
in the application.
31. To protect the environment against siltation/sediment export or soil erosion as a result
of this development, The Environment Management Plan shall detail all site control
measures such a silt fencing, sediment control ponds, nutrient stripping ponds. Prior to
commencement of any works, all physical site control measures shall be installed, and
the plan adhered to.
32. All existing noxious weeds, including but not limited to Groundsel bush (Baccharis
halimifolia), Giant Rats Tail Grass (Sporobolus pyramidalis and S. natalensis), and
Salvinia molesta, shall be kept cleared from the development site.
Under State Legislation, Gall Fly (Rhopalomya Californica) is not a recognised means
of control destruction of groundsel bush. Any existing Declared Noxious Plants under
the Rural Lands Protection Act (1985) which have a control category of P2, P3 or P4
shall be controlled in a manner pursuant to the Rural Lands Protection Act (1985).
The notification period to Council of the completion of eradication works shall be a
minimum of thirty (30) days. The Applicant is advised that Council’s Noxious Weeds
Officer will not undertake an inspection the development site until after this notification
period has expired.
33. As part of the application for a development permit for operational works, details for
rehabilitation of the dam and waterway areas by the use of native fauna and flora shall
be included.
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34. All suitable native trees shall be retained. Details of retained trees shall be submitted
with any application for a Development Permit for Operational Works.
Particular care shall be given not to interfere with the natural ecology around retained
trees likely to cause stress to these trees.
35. The existing vegetation on this site shall be retained except where required to be
removed to enable construction of roads, accesses or pegging of surveyed boundaries.
Particular care shall be taken not to disturb vegetation adjacent to existing creeks and
watercourses.
36. Prior to commencement of any operational works arising out of this permit, security in
the sum of $25,000 must be lodged with Noosa Council, to secure performance of
conditions of this approval relating to works external to this site. The security shall be
in the form of cash or unconditional trading bank guarantee acceptable to the Manager-
Land Development.
The security will be returned upon satisfactory performance of all relevant conditions of
this approval and any other related development permit for operational, less any costs
incurred by Council in ensuring compliance with these conditions of for any additional
inspections incurred for substandard work or works undertaken not in accordance with
the is permit.
37. The requirements of ENERGEX, OPTUS and TELSTRA shall be satisfied in relation to
any existing services which currently traverse the development site. Written
confirmation by the relevant authorities that satisfactory arrangements have been made
to formalise any existing informal services shall be submitted prior to commencement of
the use.
38. All stormwater drainage shall be designed in accordance with the provision of the 1987
Australian Rainfall and Runoff (A.R.R.), Australian Standard AS3500.3.2-1988
‘Stormwater Drainage-Acceptable Solutions’ and Noosa Council Standards. Pipe and
channel drainage systems shall be designed to cater for 10 (ten) year Average
Recurrence Interval design storm for Kabi Road.
39. The water quality of any water originating from and leaving the site shall not vary by
more than 5% form the baseline data for water currently leaving the site measured in
the north eastern area of the development site. Monitoring of water quality in the dams
shall be undertaken monthly during construction and annually during operation.
40. A water quality plan be included in the EMP and once approved, shall be complied with
at all times.
41. Stormwater drainage shall include measures to protect proposed allotments from run-
off from surrounding land. The design shall also address controls for gross pollutants,
nutrient runoff, oil and grease, and silt and sediment.
Underground stormwater systems shall be designed in accordance with Noosa Council’s
Engineering Design Standards, and shall also be connected, where possible to Council’s
existing drainage systems.
An easement of minimum with 4.0 metres shall be granted in favour or Council over any
stormwater pipes that traverse private property.
Designs that concentrate stormwater onto adjoining land shall require separate form
approval from the owner of the land or relevant Government Authority. Such approval
shall be submitted with the design in conjunction with an application for a Development
Permit for Operational Works.
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Town Planning
42. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered No.
G177.DCP.02 Figure 3 prepared by GNP Golf Design Pty Ltd and dated May 1998 and
as may be amended by these conditions.
43. The approval of the Sport and Recreation (golf course) component of the Integrated
Permaculture Designed Organic Orchard and Golf Course Complex, is only valid for as
long as the Agriculture use (Permaculture) is undertaken on this site. The Sport and
Recreation (Golf Course) use, and ancillary uses, lapses if the Permaculture use ceases
on the site.
44. The owner/operators of the proposed development are required to be members of the
Biological Farmers of Australia. Accordingly there is not be any use of non organic
chemicals on the site.
45. The Regional Manager, Cultural Heritage Program, Southeast Region, Environment
Protection Agency should be contacted immediately on (07) 3325 8425 should any
cultural artifacts be exposed during construction.
46. The proponent should give some consideration to rehabilitating the existing and
proposed waterway features, to a more natural state, by the use of native fauna and
flora. The Southern Fisheries Centre (Mr Bob Simpson, (07) 3817 9590 may be
contacted for advice on stocking native fish.
47. The clubhouse is limited to a size of 280m2. Any future application for the granting of
a Liquor Licence should be limited in the hours of the licence to not later than 10pm
Monday to Sunday, to minimise the potential impacts on surrounding residences. The
clubhouse is not permitted to operate after 10pm daily and is not to be utilised as a
Function Room.
48. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of excessive noise,
lighting nuisance or other emissions.
49. The open space and setback areas are to be landscaped in accordance with Council’s
Policy on Landscaping Guidelines and a properly prepared landscape plan. Such
landscaping is to be completed prior to the commencement of the golf course
component of the use and maintained at all times thereafter to the reasonable
satisfaction of the Director of Environment & Planning.
50. Existing trees on the site and within road reservice are to be retained, except where
required to be removed due to building operations or the conduct of the approved use.
The landscape plans referred to above are to denote areas of existing vegetation or
existing trees proposed to be retained.
51. Any advertising sign or device is to comply with the provisions of Council’s policies on
advertising.
52. The developer must submit security in the form of a cash bond or trading bank guarantee
to the sum of $20,000 to secure performance of all conidiations of this approval, prior to
the issue of a Development Permit for building works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit.
53. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guarantee sum referred
to in this approval to effect compliance with conditions.
54. This development Permit for material change of use of premises lapses if :-
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a. The use or erection of a building or other structure associated with the use, has
not been commenced within four (4) years of the date of issue of the Development
Permit, unless application is made and approved by Council for an extension; or
b. the use of any premises pursuant to the Development Permit ceases.
55. Prior to the commencement of development, the developer must obtain the following
Development Permits:-
55.1 Development Permit for building works;
55.2 Development Permit for plumbing and drainage works;
55.3 Development Permit for operational works of landscaping, carparking and access;
55.4 Development Permit for reconfiguring a Lot (amalgamation)
The developer must obtain all of the other Development Permits referred to above, prior
to obtaining a Development Permit for building works, unless the Council agrees
otherwise.
Additional Conditions - 19 December 2024
When Conditions must be Complied With
56. Unless otherwise stated, conditions 56 to 108 relating to the Group Farm Stay
Accommodation and Associated Activities, 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
57. The Group Farm Stay Accommodation and Associated Activities use lapses if the use
has not happened by 19 December 2026 unless an application to extend the currency
period is approved by Council.
Approved Plans
58. 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 listed within the table below and resubmitted to Council
prior to the issue of any Development Permit for Operational Works
Plan No. Rev. Plan/Document Name Date
A-DA-01.02 09 Existing/Demo Site Plan prepared by 9/12/2024
Elevation Architecture
A-DA-01.04 17 Proposed Development Site Plan 9/12/2024
prepared by Elevation Architecture
A-DA-01.05 09 Permaculture Utilisation prepared by 9/12/2024
Elevation Architecture
A-DA-CL-01.03 D Site Plan – Clamping Village prepared by 8/11/2024
Elevation Architecture
A-DA-CL-03.02 E Floor Plan – Clamping 1 prepared by 8/11/2024
Elevation Architecture
A-DA-CL-03.03 D Floor Plan – Dining & Activity prepared 8/11/2024
by Elevation Architecture
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A-DA-CL-03.04 D Floor Plan – Clamping 2 prepared by 8/11/2024
Elevation Architecture
A-DA-CL-09.01 B Context Elevations – Village 1 prepared 8/11/2024
by Elevation Architecture
A-DA-CL-09.02 D Elevations - Dining & Activity prepared by 8/11/2024
Elevation Architecture
A-DA-CL-10.01 D Elevations - Dining & Activity prepared by 8/11/2024
Elevation Architecture
A-DA-CL-11.1 B Tent Type 1 – Standard Students tent 8/11/2024
prepared by Elevation Architecture
A-DA-CL-11.2 B Tent Type 2 – PWD Students tent 8/11/2024
prepared by Elevation Architecture
A-DA-CL-11.3 B Tent Type 3 – Standard Teachers Tent 8/11/2024
prepared by Elevation Architecture
A-DA-CL-11.4 B Tent Type 4 – PWD Teachers tent 8/11/2024
prepared by Elevation Architecture
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
A-DA-01.03 13 Proposed Whole Site Plan prepared by A-DA-01.03
Elevation Architecture
Amendments Plan to be amended to incorporate the recommended fire
access trail within Lot 394 M371117 (see Plate 23 of the
Bushfire Hazard Assessment and Management Plan) and
extending along the southern boundary until it meets the
eastern boundary of the subject site, before gaining access to
Road 176.
The fire access is to be detailed a being used for emergency
access only.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
59. The Group Farm Stay Accommodation approval is for a maximum of 88 beds comprising
80 student beds and 8 teacher beds with a maximum gross floor area of 1150m2.
60. The Group Farm Stay Accommodation is to be operated in conjunction with the existing
permaculture golf course and agricultural activities on site and is to be generally
consistent with the recommendations of The Permaculture, Syntropic and Regenerative
Agriculture Food Systems report dated June 2022.
61. The Group Farm Stay Accommodation is to be used for school camps and sporting/
community groups.
62. The accommodation tents and beds not rented out to individuals.
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63. The golf course is to be closed to the general public whilst the Group Farm Stay
Accommodation is in operation.
64. No staff accommodation is approved for the site other than the on-site manager and the
8 teacher beds within the tents.
65. The premises must not be used for events, functions or parties (e.g. parties, raves,
markets, competitions, functions, events or wedding receptions).
66. Buses capable of evacuating all patrons during an emergency event are to remain on
site whilst the Group Farm Stay Accommodation is in operation.
67. Service vehicle movements associated with the use on the premises (including loading
and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday
and not at all on Sundays or public holidays.
Building Appearance
68. 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.
69. The Group Farm Stay Accommodation and Hall is to be of a temporary nature and of
lightweight construction as detailed on the approved plans. The accommodation and
communal hall are to be on suspended floors and be capable of being removed. All tents
are to include canvas walls and PVC membrane roof.
70. External colours and finishes must be of muted/environmental tones that blend with the
natural environment and low-reflective roofing and cladding materials.
Amenity
71. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by
surrounding residents or cause a nuisance, including a noise nuisance.
72. Amplified music must cease in outdoor spaces by 9pm 7 days a week.
73. Any vertical illumination resulting from direct, reflected or other incidental external
lighting emanating from the site must not exceed 8 lux when measured at any point 1.5
metres outside the boundary and at any level from ground level upward.
74. Except in the case of a lawful rural or emergency purpose, or unless approved otherwise
by Council’s delegate, helicopters or other aircraft must not land or take off from the
property at any time.
75. Fireworks and lasers are not permitted at any time.
Building Height
76. The maximum height of the development must not exceed 7 metres above the ground
level.
Water Supply
77. The development must be provided with a potable water supply having a capacity
sufficient for the use.
Sustainable Building Design
78. The development is to supply the equivalent of at least 33% of its power through
renewable sources. Certification must be submitted to Council prior to the use
commencing which certifies compliance with the condition.
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Waste Management
79. A Waste Management Plan must be prepared that details the type and quantity of waste
material that is likely to be generated by the development; where and how the waste will
be stored, disposed of and procedures for handling the waste. The Waste Management
Plan must be submitted and approved by Council prior to the issue of a Development
Permit for Operational Works.
Land Amalgamation
80. All properties the subject of the development must be amalgamated, or alternatively
retained within reciprocal access easements prior to issue of the Building Approval for
proposal.
Landscaping Works
81. The development site must be landscaped / rehabilitated. 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. A waterway rehabilitation plan that is developed to reinstate a native vegetation
buffer along the waterway to manage water quality and provide riparian habitat for
local flora and fauna.
b. A waterway rehabilitation design that maintains inflows into VC1a rainforest unit
to sustain the current assemblage of flora species and habitat conditions under
the current waterway conditions
c. management of all weeds species listed in the following standards and legislation:
i. declared plants under the Land Protection (Biodiversity Act 2014 and sub-
ordinate Regulation 2016).
ii. Non-scheduled invasive species listed in the Noosa Biosecurity Plan 2020.
82. 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.
Land Rehabilitation
83. A vegetation protection covenant must be registered against the titles of the properties
over the area identified as Core Koala Habitat on Lot 7 RP216403, Lot 394 M371117,
and Lot 650 M37380 pursuant to Section 97A of the Land Title Act 1994. The covenant
document and a survey plan must be submitted to Council for endorsement prior to
lodgement with the relevant titles authority for registration of title. The covenant
document must:
a. incorporate the requirements of this Decision Notice
b. include Noosa Council as Covenantee
c. reference Queensland Land Title Registry Standard Terms Document No.
715597513.
84. If a provision included in the covenant document is requisitioned or refused registration
by the relevant titles authority, a substitute provision must be included in the document
which as nearly as practicable addresses the objective sought by the requisitioned or
refused provision. The wording of the substitute provision must be agreed by Council.
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Fencing to Protected Land
85. A permanent fence or permeant markers must be constructed along the entire length of
the interface of the site with the vegetation protection covenants. The fence / markers
must be constructed in accordance with an Operational Works approval and must be to
the following specifications:
a. allow adequate clearance at ground level for local macropods
b. not include any use of barbed wire or similar materials
c. constructed of fire-proof materials
Fauna Management
86. Vegetation must only be removed or disturbed in accordance with a Fauna Management
Plan (or part thereof) prepared by a qualified person* and endorsed through an
Operational Works approval.
*(Refer to Advisory Note)
Bushfire Management
87. The development must be carried out in accordance with Bushfire Hazard Assessment
and Management Plan v4 prepared by North Coast Environmental Services dated
06/09/2024, which must be amended to include:
a. Revised plans that incorporate the latest architectural plans that show the
clamping infrastructure wholly outside of the Noosa plan Bushfire hazard mapping
potential impact buffer.
b. Section 5.3 Water Supply is to be updated to include a minimum of 20,000 litres
of dedicated static water supply for firefighting purposes for each group of 7
cabins. The last paragraph of this section needs to be updated as an error is
present “shared between 2 cabins’ This should read 7.
c. Revised plans that demonstrate a minimum 10,000 litres of dedicated static water
supply for firefighting purposes is available at the shelter in place location.
d. Revised plans that incorporate the recommended fire access trail within Lot 394
M371117 (see Plate 23 of the Bushfire Hazard Assessment and Management
Plan) and extending along the southern boundary until it meets the eastern
boundary of the subject site, before gaining access to Road 176.
e. Detail that the fire access trail along the southern boundary is to be gated and
used for emergency access only.
The report must be resubmitted and approved by Council incorporating the above
amendments prior to the issue of any Development Permit for Operational Works.*
88. The development must be carried out in accordance with Bushfire Evacuation Plan v4
prepared by North Coast Environmental Services and dated 06/09/2024, which must be
amended as follows
a. Revised plans that that incorporate the latest architectural plans that shows the
internal evacuation route that connects directly between the shelter in place
building and the clamping infrastructure.
b. Section 8 Evacuation Triggers, to be updated to include:
i. Daily review of FDR forecasts for the Southeast Coast which are available
from the Bureau of Meteorology
ii. Evacuation of all guests and non-essential staff prior to the commencement
of any day with a forecast FDR rating of Extreme or Catastrophic.
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c. Section 7 Evacuation Routes, to incorporate detailed plans of the secondary
emergency access and associated maintenance requirements.
The report must be resubmitted to Council incorporating the above amendments prior
to the issue of any Development Permit for Operational Works.*
*(Refer to Advisory Note)
89. The site must be provided with water storage reservoirs for emergency firefighting
purposes in accordance with the amended Bushfire Hazard Assessment and
Management Plan. Such storage must be provided in addition to the water supply
capacity required for the use and must be provided in the form of a static water supply
tank. If by rainwater tank, water storage for firefighting purposes must be provided either
in a separate rainwater tank or a reserve section in the main water supply tank on which:
a. the domestic take off from the tank is at or above the required amount of water
required by the amended bushfire management plan; and
b. standard rural fire brigade fittings are fitted to the tank outlet for access by four
wheel drive rural services vehicles.
90. The site must be provided with an auxiliary power supply such as a petrol driven fire
fighter pump (or generator), together with a hose of sufficient length to easily reach
around to all sides of the building.
91. A copy of the Bushfire Hazard Assessment and Management Plan listed within this
Decision Notice must be provided to the nearest fire authority.
92. Certification must be submitted to Council from a qualified person* which certifies that
the development has been constructed in accordance with the bushfire management
conditions of this Decision Notice.
*(Refer to Advisory Note)
93. The development must be managed in accordance with the Bushfire Evacuation Plan
listed within this Decision Notice.
*(Refer to Advisory Note)
94. A copy of the Bushfire Evacuation Plan for the development must be provided to the
nearest fire authority.
Performance Bond
95. 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.
External Works – Kabi-Cootharaba Intersection
96. The existing intersection joining Cootharaba Road with Kabi Road must be upgraded to
include a sealed Basic Right Turn Treatment. The works must be undertaken in
accordance with an Operational Works approval, be generally in accordance with
section 7.2 of Austroads’ A Guide to Road Design Part 4A, sections 5, 6 and 8 of BMC
Traffic’s Traffic Engineering Assessment Report (Doc ID: 22354477) dated 22 March
2023, The Noosa Plan 2020 – PSP6 Engineering Design Standards, and include, but
not be limited to:
a. a design prepared by a suitably qualified person (RPEQ);
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b. adequate manoeuvring about the intersection for a 12.5m and 14.5 rigid vehicle,
so that no part of the rigid vehicles exits the traffic lane(s); and
c. widening of Kabi Road in accordance with Condition 97 ..
External Works – Kabi Road
97. Kabi Road must be upgraded for the full length of the road (i.e., between 59 Kabi Road
and Cootharaba Road). The works must be undertaken in accordance with an
Operational Works approval, be generally in accordance with Austroads’ A Guide to
Road Design Part 3, sections 5, 6 and 8 of BMC Traffic’s Traffic Engineering
Assessment Report (Doc ID: 22354477) dated 22 March 2023, The Noosa Plan 2020 –
PSP6 Engineering Design Standards, and include, but not be limited to:
a. a design prepared by a suitably qualified person (RPEQ);
b. a combined traffic lane width of 6.2m (2 x 3.1m);
c. a shoulder width of 1.0m (with a minimum shoulder sealed width of 0.5m);
d. a pavement design suitable to cater for heavy vehicles (i.e., rigid vehicles, buses,
etc.);
e. all associated drainage infrastructure (i.e., table drain, culvert, etc.);
f. the continuation of the existing stormwater box culvert to allow for the required
carriageway width;
g. considerations to the existing residential driveway crossovers; and
h. a sealed turnaround facility sufficiently sized to accommodate a 3-point turn
manoeuvre of a heavy rigid vehicle (HRV) located at the end of the road.
Fire Access Trail
98. The development site must be provided with an Emergency Bushfire Evacuation Route
connecting to Council’s “Road 176”. The emergency route is to be used for emergencies
only and is not to be used for deliveries or general access.
The works must be undertaken in accordance with an Operational Works approval and
Section 5.5 of North Coast Environmental Services’ Bushfire Hazard Assessment and
Management Plan (J001061, v.4) dated 11 September 2024, and include, but not be
limited to:
a. a design prepared by a suitably qualified person (RPEQ) that is to an acceptable
standard to cater for a HRV, 14.5m rigid vehicle (i.e., bus) and appropriate fire-
fighting appliances;
b. a design that allows for unbroken access for a HRV, 14.5m rigid vehicle (i.e., bus)
and appropriate fire-fighting appliances through the site (i.e., from “Road 176” to
all parking and manoeuvring areas and through to Kabi Road);
c. a design that includes passing bays and turning areas;
d. the emergency route, all internal roads and associated manoeuvring areas must
not exceed a gradient of 12.5%;
e. the emergency route must have a maximum cleared width of 10.0 metres and a
minimum cleared width of 6.0 metres; and
f. the necessary upgrades to “Road 176” and associated drainage
infrastructure, which must be maintained by the applicant during the life of the
development.
g. Consultation must occur with the existing resident(s) that access “Road 176”
in relation to the proposed works.
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Site Access and Driveways
99. A sealed access driveway must be provided from Kabi Road to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance
with an Operational Works approval, be generally in accordance with Elevation
Architecture’s Proposed Development Site Plan (A-DA-01.04, Rev. 17) dated 9
December 2024, and Council’s standard drawing RS-051 and any associated
addendum.
Car Parking
100. A minimum of 8 car parking spaces and 2 bus bays must be provided and marked on
the site and always made available and accessible while the use is open for business.
The works must be undertaken in accordance with an Operational Works approval, be
generally in accordance with Elevation Architecture’s Proposed Development Site Plan
(A-DA-01.04, Rev. 17) dated 9 December 2024 and must include in particular:
a. 8 staff parking spaces within the total, which are clearly marked for that purpose;
b. 1 disabled parking space/s within the total;
c. 2 bus bays;
d. a sealed turnaround facility sufficient sized to accommodate a 3-point turn
manoeuvre of a 14.5m rigid vehicle in accordance with section 5.5 of North Coast
Environmental Services’ Bushfire Hazard Assessment and Management Plan
(J001061, v.4) dated 11 September 2024;
e. marked pedestrian routes between the proposed car parking area(s) and the
clamping site area; and
f. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities.
101. Directional signage must be provided to direct visitors and patrons to the car parking
spaces provided on site.
Service Vehicles
102. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works include in particular:
a. regular access for vehicles up to a 14.5m rigid vehicle.
Stormwater Drainage
103. 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 Layout Plan
(C040, Rev. C) dated 26 September 2024 and must include in particular:
a. the disposal of stormwater without causing scour or damage to the subject site or
any adjoining properties; and
b. the extension of Council’s existing box culvert (600mm x 1200mm) to allow for the
Kabi Road upgrade. The extension must meet the requirements of QUDM and
Condition 97.
Easements
104. 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.
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105. 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.
106. 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
107. All earthworks and associated retaining structures/batters, both above and below
ground, both temporary and permanent, must be undertaken in accordance with an
Operational Works approval, be generally in accordance with RECOR’s Earthworks Plan
(C020, Rev. C) dated 26 September 2024 and contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
108. 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.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
J001061 4 Bushfire Hazard Assessment & Management 06.09.2024
Plan v4, prepared by, North Coast
Environmental Services
J001061 1 Bushfire Hazard Assessment & Management 06.09.2024
Plan v4 - Appendix 2 Bushfire Evacuation Plan
v4, prepared by, North Coast Environmental
Services
- - Proposal for Permaculture, Syntropic & June 2022
Regenerative Agriculture food systems for CYC
Campsite prepared by PermEco Inc (Tome
Kendall & Zaia Kendall)
- - Traffic Engineering Assessment Report 22 March 2023
Prepared by BMC Traffic
C020 C Earthworks Plan 26 September
2024
Prepared by RECOR
C040 C Stormwater Layout Plan 26 September
2024
Prepared by RECOR
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
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Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit where it is
required. Council will not be able to issue a Decision Notice without receipt of details
that the Levy has been paid.
Co-ordination of Operational Works Assessment
2. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will
result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
3. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction;
ii. maintenance of safe vehicle and pedestrian access for the areas affected by
the works during and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the
development;
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled roads;
and
v. provision for worker car parking.
b. maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures;
c. works programme identifying key components of the works and their respective
durations;
d. 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, services and other relevant issues;
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. 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;
g. identification of complaint management procedures including:
i. contact details for the on-site manager; and
ii. dispute resolution procedures.
h. it is acknowledged that the preliminary Construction Management Plan will be a
draft document requiring finalisation upon appointment of the Principal Contractor
employed to construct the works and a final document will be required to be
submitted at the Pre-Start Meeting for the project.
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Performance Bond Agreement
4. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
Qualified Person
5. For the purpose of preparing a Landscape Plan, a qualified person is considered to be
a landscape architect, landscape designer and/or horticulturist with a minimum of 3
years current experience in the field of landscape design.
6. For the purpose of preparing an Arborist Report, a qualified person is considered to be
a person with either:
a. ISA certification; or
b. a Diploma of Arboriculture in addition to a minimum of 3 years current experience
in the field of arboriculture.
7. For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to
be a landscape architect or ecologist with a minimum of 3 years current experience in
the field of landscape design.
8. For the purpose of preparing a Fauna Management Plan, a qualified person is
considered to be an ecologist with a minimum of 3 years current experience in the field
of fauna assessment and management.
9. For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
with the bushfire requirements of this Decision Notice, a qualified person is considered
to be an ecologist with a minimum of 3 years current experience in the field of bushfire
assessment and management.
Infrastructure Charges
10. 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
7. PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property
record system:
Vegetation Protection Covenant
1. A Vegetation Protection Covenant applies to this property. No clearing of vegetation is
to occur within the covenanted area, except where in accordance with the terms of the
covenant.
Bushfire Management
2. To ensure the safety of people and property on this property is maintained, all buildings
and structures must be sited and/or constructed in accordance with the bushfire
management conditions of Council Approval 131998.981211.5 and associated
Operational Work approvals.
8. VARIATION APPROVAL DETAILS
Not applicable.
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Roadworks, Earthworks, Stormwater,
Works Drainage, External Works Access and
Landscaping
Development Permit for Building Works Building Works
10. SUBMISSIONS
There were 2 properly made submissions about the application. In accordance with the
Planning Act 2016, the name, address and electronic address of the principal submitter for
each properly made submission is provided and attached.
11. 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.
12. 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,
Nadine Gorton
Acting Manager – Development Assessment
Enc: List of Submitters
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 21 October 1999 (12637 DA)
• Negotiated Decision Notice – 16 March 2000, with an amendment to conditions 2, 9, 10, 12, 13, 26 & 39.
• Decision Notice - Minor - 131998.981211.2 - 19 January 2006, with an amendment to condition 47.
• Decision Notice – Other Change – 19 December 2024 – 131998.981211.5 with additional conditions 58 to 108 (inclusive)
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List of Submitters
PLANNING ACT 2016 & PLANNING REGULATION 2017
Name Email Address
Aaron White [email protected] 77 Bunneys Lane Kin Kin
Adrian Williams [email protected] President of Noosa
Ratepayers Assoc. PO Box
94 Noosa Heads Qld 4567
0418477089
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to – 1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and application; and
(b) The person- (e) each person who may elect to become a co-respondent for the
appeal, other than an eligible submitter who is not a principal
(i) who may appeal a matter (the appellant); and
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and (f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and (g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the person who the registrar considers appropriate.
matter. (4) The service period is –
(2) An appellant may start an appeal within the appeal period. (a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is – Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business (b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the (5) A notice of appeal given to a person who may elect to be a co-
agency; or respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the (6) A person elects to be a co-respondent by filing a notice of election,
deemed refusal happens; or in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter appeal is given to the person.
7, part 4, to register premises or to renew the registration of 231 Other appeals
premises – 20 business days after a notice us published under
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
section 269(3)(a) or (4); or
the Supreme Court decides a decision or other matter under this
(d) for an appeal against an infrastructure charges notice – 20 Act is affected by jurisdictional error, the decision or matter is non-
business days after the infrastructure charges notice is given appealable.
to the person; or
(2) The Judicial Review Act 1991, part 5 applies to the decision or
(e) for an appeal about a deemed approval of a development matter to the extent it is affected by jurisdictional error.
application for which a decision notice has not been given –
(3) A person who, but for subsection (1) could have made an
30 business days after the applicant gives the deemed
application under the Judicial Review Act 1991 in relation to the
approval notice to the assessment manager; or
decision or matter, may apply under part 4 of that Act for a
(f) for any other appeal – 20 business days after a notice of the statement of reasons in relation to the decision or matter.
decision for the matter, including an enforcement notice, is
(4) In this section –
given to the person.
decision includes-
Note –
See the P&E Court Act for the court’s power to extend the appeal (a) conduct engaged in for the purpose of making a decision; and
period. (b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard (c) the making of a decision or failure to make a decision; and
in the appeal.
(d) a purported decision; and
(5) If an appeal is only about a referral agency’s response, the
assessment manager may apply to the tribunal or P&E Court to (e) a deemed refusal.
withdraw from the appeal. non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an matter-
infrastructure charges notice must not be about- (a) is final and conclusive; and
(a) the adopted charge itself; or (b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund- set aside or called into question in any other way under the
Judicial Review Act 1991 or otherwise, whether by the
(i) the establishment cost of trunk infrastructure identified in Supreme Court, another court, a tribunal or another entity; and
a LGIP; or
(c) is not subject to any declaratory, injunctive or other order of
(ii) the cost of infrastructure decided using the method the Supreme Court, another court, a tribunal or another entity
included in the local government’s charges resolution. on any ground.
230 Notice of appeal 232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the (1) A person who is appealing to the P&E Court must comply with the
tribunal or P&E Court, a notice of appeal that- rules of the court that apply to the appeal.
(a) is in the approved form; and
(2) However, the P&E Court may hear and decide an appeal even if
(b) succinctly states the grounds of the appeal. the person has not complied with the rules of the P&E Cour
(2) The notice of appeal must be accompanied by the required fee.
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