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Other Change Decision Notice - MCU10 2113 03 (As Published) · MCU10/2113.03
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6245
Our Reference: MCU10/2113.03
Your Reference: 260139
9 July 2026
Pepper and Jarvis Top Pty Ltd TTE
C/- Town Planning Alliance Pty Ltd
PO Box 7657
EAST BRISBANE QLD 4169
[email protected]
Dear Sir/Madam,
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 2 July 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU10/2113.03
Street address: 2/20 Peregian Esp, Peregian Beach Qld 4573
Real property description: Lot 2 SP 269260
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 25 August 2011.
• Development Permit for Material Change of Use of Premises - Multiple Housing Type
2 Duplex
In relation to the request to make an Other Change to the existing approval, Council on 2
July 2026, decided to approve the requested changes. The changes are detailed below.
• Approve the change.
• Amend condition 1, and
• Delete condition 9.4
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
PLANNING
General
Amended Condition - Approved Plans - July 2026
1. 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 Building Works*
Plan No. Rev. Plan/Document Name Date
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
100.00 G Site and Locality Plan prepared by 02/03/2026
Shaun Lockyer Architects.
200.00 G Ground Floor Plan prepared by Shaun 02/03/2026
Lockyer Architects.
200.01 G First Floor Plan prepared by Shaun 02/03/2026
Lockyer Architects.
210.00 G Roof Plan prepared by Shaun Lockyer 02/03/2026
Architects.
300.00 G Eastern Elevation prepared by Shaun 02/03/2026
Lockyer Architects.
300.01 G Northern Elevation prepared by Shaun 02/03/2026
Lockyer Architects.
300.02 G Southern Elevation prepared by Shaun 02/03/2026
Lockyer Architects.
300.02 G Western Elevation prepared by Shaun 02/03/2026
Lockyer Architects.
310.00 G Eastern Boundary Elevation prepared by 02/03/2026
Shaun Lockyer Architects.
310.01 G Northern Boundary Elevation prepared 02/03/2026
by Shaun Lockyer Architects.
310.02 G Western Boundary Elevation prepared 02/03/2026
by Shaun Lockyer Architects.
310.03 G Southern Boundary Elevation prepared 02/03/2026
by Shaun Lockyer Architects.
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400.00 G Section 1 prepared by Shaun Lockyer 02/03/2026
Architects.
400.01 G Section 2 prepared by Shaun Lockyer 02/03/2026
Architects.
400.02 G Section 3 prepared by Shaun Lockyer 02/03/2026
Architects.
400.03 G Section 4 prepared by Shaun Lockyer 02/03/2026
Architects.
400.04 G Section 5 prepared by Shaun Lockyer 02/03/2026
Architects.
Amendments The plans and elevations are required to be amended to confirm
and potentially reduce the gross floor area of the proposed
development to comply with Council’s maximum plot ratio of
0.4:1 for development within the Medium Density Residential
zone (PO13 of Noosa Plan 2020). The plot ratio calculation is
assessed over the 792m² site area (Lots 0, 1 & 2 on SP269260).
It is Council’s view that existing and proposed development is an
over development and exceeds plot ratio permitted under PO13
of the Medium Density residential zone code.
2. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
3. The developer must obtain all of the other Development Permits referred to in the
Decision Notice, prior to obtaining a Development Permit for Building Works.
Security Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit.
5. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred
to in this approval to effect compliance with conditions.
Building Design
6. The building height of the development shall not exceed 2 storeys and 8m above the
natural or finished ground level, whichever is higher, at any one point.
7. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the
maximum allowable height as required by the above condition and the Planning
Scheme.
Landscaping
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8. The open space and setback must be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan prepared by a
suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be
completed prior to the premises being occupied and maintained at all times thereafter.
9. The landscape plans required to be submitted as part of the Operational Works
applications are to denote areas of existing vegetation or existing trees proposed, or
required to be retained, and shall include:
9.1. The rear boundary must be planted with densely growing native vegetation. In this
regard:
Amended Condition - November 2018
i. a minimum of a 0.75m garden must be maintained along the rear boundary
where the rock wall and entry is proposed; and
9.2. A 500mm wide landscaped buffer planted with densely growing vegetation must
be provided to the northern side boundary; and
9.3. 2 x 45 Litre street trees must be located along the front boundary of the site.
Council recommends the planting of appropriate edible fruit tree varieties, where
practical; and
9.4. Deleted
9.5. The Pandanus tectorius located adjacent to the southern boundary and required
to be removed for the construction of the driveway must be relocated to a suitable
position onsite. The new location must be identified on the landscaping plans for
Operational Works approval.
10. The vegetation within the 6m setback to the site’s frontage shall be retained.
11. Any cleared vegetation is to be suitably processed by one of the following methods and
removed from the site:-
Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum
of 10 metres between edges of heaps.
11.1. Disposal for firewood.
11.2. Disposal for landscaping purposes.
11.3. Transport to alternative site for breaking down materials provided that all
necessary permits have been obtained to allow the alternate site to be used for
this purpose.
11.4. The disposal method for clearing works is to be submitted in conjunction with an
application for a Development Permit for Operational Work. The Applicant is
advised that other methods may be considered provided full details of the method
are submitted.
The Applicant is advised that burning off is an unacceptable method of disposal.
Fencing
12. Front fencing shall be either setback at least 1 metre from the front property boundary,
with at least half of the fencing setback 2 metres; or, where on the property boundary,
less than 1.2 metres in height or of open construction.
Relevant Period
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13. The Development Permit for a material change of use lapses if the use has not
happened by 25 August 2015, unless an application to extend the currency is approved
by Council.
CIVIL ENGINEERING
Vehicle Access
14. A vehicular access driveway to serve the development must be constructed from the
Peregian Esplanade frontage of the site with a maximum width of 4.0m at the property
boundary.
15. The driveway must be designed by a Registered Professional Civil Engineer (RPEQ)
and constructed where practical to Council’s design standards and drawings and to
grades that prevent vehicles from scraping and/or bottoming whilst also allowing
pedestrians movements along the footpath without any step or level difference. Should
any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004,
Council will require that the driveway be removed and reconstructed to levels that do
comply.
Please note, a step between the driveway and the footpath must be avoided, as it is
preferred to have the footpath continue at a constant grade to minimise the potential for
pedestrians to trip or fall.
16. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
footpath, the driveway and any associated fencing or vegetation near the driveway must
comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
The applicant must demonstrate compliance by illustrating these sight lines on the plans
submitted for both Operational Works approval and Building Works approval.
17. All vehicles must enter and leave the site in a forward direction.
Car Parking
18. Carparking must be provided within the site generally as shown on annotated drawing
number 267-13-01 A dated 19 March 2013 prepared by Michael Donovan Consulting,
except as modified herein.
19. A minimum of 1 covered space per dwelling unit and 1 additional space.
20. The carparking area must be designed to comply with the provisions of AS/NZS 2890.1-
2004 for user class 1A with allowance for vehicles to enter and leave the site in a forward
gear and with a minimum head clearance (headroom) at any point of 2.2m.
21. All carparking must be kept, maintained and line-marked in a condition fit for use.
Vegetation Protection & Preservation
22. Vehicular pavements within the drip zone of any of the existing trees on site to be
retained must be designed as a pervious pavement (such as grass paving cells or
similar), as this will allow water that falls on this surface to penetrate to the trees root
system. The pavement must be constructed so as not to damage the tree or their root
system and in this regard temporary fencing must be provided around the trees during
construction to help protect them.
Plans must be submitted to the Council for approval that clearly show the type and extent
of the pervious pavement and the temporary fencing prior to obtaining a Development
Permit for Operational Works.
Frontage Works
23. Footpath improvements such as topsoiling, grassing, and tree planting are required to
the Peregian Esplanade frontage of the site in accordance with Planning Scheme Policy
PSP03 Landscaping Plants & Guidelines. Grass must be couch, free of weeds.
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24. The full length of the Peregian Esplanade frontage of the development site shall be
upgraded by providing kerb & channel. The kerb and channel shall be extended to the
existing Council catchpit located approximately 7 metres to the north of the site. The
alignment of the kerb and channel and any required modifications or improvements to
the existing catch pit shall be at the direction of Council at the time of engineering design.
All associated and ancillary work including pavement correction to the existing
pavement, drainage works, modification of the footpath, and adjustments to the existing
infrastructure shall be undertaken as part of these works.
In this regard, plans detailing this work shall be prepared and submitted to Council for
approval prior to obtaining a Development Permit for Operational Works.
25. All paths, driveways and parking areas must be designed and constructed to ensure
pedestrian safety using non-slip materials, to produce an evenly graded surface finish,
and to be in accordance with the Disability Discrimination Act 1992 and Australian
Standard 1428.1 Design for Access & Mobility.
26. All redundant vehicular crossings to the site must be removed and replaced by kerb &
channel, footpath paving and landscaping such as trees and grasses in accordance with
Council’s Standard specifications prior to commencement of the use permitted by this
permit.
Roof Water & Stormwater Drainage
27. Roof runoff from any dwelling must be directed to a rainwater storage system or tank
that is installed to ensure water from the rainwater storage system or tank is used for
external uses (such as watering gardens, irrigation, ornamental ponds, water features,
topping-up swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in
washing machine cold taps and toilet cisterns. All rainwater tanks are to be designed
and installed in accordance with the Queensland Development Code (QDC) current at
the time of building approval, and must be part of the plumbing application for approval.
The location and capacity of the tanks must be clearly shown on the plans submitted for
Building Works and Operational Works approval and any overflow must be directed to
the stormwater drainage system.
28. All stormwater drainage (including roof water overflow from the rainwater storage
system) must be collected and discharged so there is no net increase in stormwater
runoff from the site. Stormwater drainage permitted to drain from the site must be
discharged to Council’s existing drainage structures in Peregian Esplanade. Plans of
the drainage design must be prepared by a Registered Professional Civil Engineer and
submitted to Council prior to obtaining a Development Permit for Operational Works.
29. Stormwater runoff from the proposed carparking areas and driveway must be directed
to the stormwater drainage system.
30. All site stormwater drainage must be by means of a gravity system.
Earthworks
31. Filling works required on site must be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any
natural watercourses.
32. Earthworks carried out on site must not affect the structural integrity of any of the existing
fences or structures that border the development site. Fences that are affected must be
replaced prior to the Building Certifier issuing the Certificate of Classification. In this
regard any fences to be replaced must be clearly shown on the plans submitted for
Operational Works approval.
Site Stability
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33. A Geotechnical Engineer or similar qualified expert must assess the soil condition on
site, determine the soil classification, establish whether any measures are required to
protect the stability of adjoining buildings and/or structures and/or land, and make
recommendations on the type of foundation system(s) best suited for the proposed
development. The recommendations of this report must be incorporated into the design
and construction of the proposed development.
Erosion and Sediment Control
34. Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994)
must not be released from 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 include as a
minimum, but are not limited to, the following:
34.1. Ensure non essential exposure of soil is prevented by: restricting the extent of
clearing to that necessary for access to, and safe construction of, the approved
works; protecting vegetation in all other areas of the site; and by minimising the
duration of soil exposure by:
34.1.1. staging the works to minimise the area of soil exposed at any one time;
34.1.2. effectively stabilising cleared areas prior to rainfall if works are delayed
or works are not intended to occur immediately. See E&SC Advice
Note 2;
34.1.3. effectively stabilising areas at finished level without delay; and
34.1.4. effectively stabilising steep areas, such as stockpiles, batters and
embankments, which are not being actively worked and prior to
rainfall.
34.2. Where it is not feasible to effectively stabilise cleared areas of exposed soil, such
as areas being actively worked, implement a full suite of erosion and sediment
controls to minimise erosion and maximise sediment capture in those areas; and
34.3. In areas of exposed soil where it is not feasible to either effectively stabilise the
surface or implement a full suite of erosion and sediment controls, for example in
the areas being actively worked and where the implementation of some erosion
and sediment controls would impede construction activities, ensure contingency
measures are available on site and are implemented, prior to rain, to minimise
erosion and maximise sediment capture;
34.4. Effectively stabilise all stockpiles, batters and embankments without delay. Where
it is not feasible to effectively stabilise a stockpile, batter or embankment, such as
areas being actively worked, ensure that sediment controls are installed and
surface stormwater flows are managed such that erosion of stockpiles, batters or
embankments is not caused by concentrated stormwater flows;
34.5. For all works or other disturbances undertaken within waterways (including
riparian areas) ensure;
34.5.1. prior written approval from the relevant consent authority exists; and
34.5.2. Work within waterways must only be: undertaken during dry weather;
be promptly rehabilitated conforming to the natural channel form,
substrates and riparian vegetation as far as possible; and be
undertaken in accordance with Best Practice Erosion and Sediment
Control, Appendix I – Instream works, Sections 14 and 16,
International Erosion Control Association (2008);
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34.5.3. Temporary vehicular crossings of waterways must be designed and
constructed to convey flows and remain stable for all rainfall events up
to the 1 in 10-year average recurrence interval (ARI) event of critical
duration.
34.6. Ensure clean stormwater is diverted or managed around or through the site without
increasing the concentration of total suspended solids or other contaminants in
the flow and without causing erosion (on site or off site). If it is not feasible to divert
all areas discharging clean stormwater around or through the site, manage the
clean stormwater runoff as for contaminated stormwater runoff, and ensure that
sediment basins are sized to accommodate the additional volume of runoff (See
E&SC Advice Note 3);
34.7. Ensure sheet flows of stormwater are managed such that sheet and rill erosion is
prevented or minimised.
34.8. Ensure that all concentrated stormwater flows including drainage lines, diversion
drains, channels and batter chutes are managed onto, through, and at release
points from the site in all rain events up to and including the average recurrence
interval (ARI) event of 1 in 2 year ARI without causing water contamination, sheet,
rill or gully erosion, sedimentation, or damage to structures or property.
34.9. Ensure measures have been implemented such that the runoff from all disturbed
areas flows to a sediment basin or basins. Where it is not feasible to divert runoff
from small disturbed areas of the site to a sediment basin, implement
compensatory erosion and sediment controls (See E&SC Advice Note 4).
34.10. Ensure each sediment basin has the capacity to treat flows to current best
practice standards (see E&SC Advice Note 5) and as a minimum to contain all
the stormwater runoff from the 80th percentile 5 day rainfall depth and store 2
months sediment from the receiving catchment, as determined using the Revised
Universal Soil Loss Equation.
34.11. Ensure sediment basins are maintained with sufficient storage capacity to
capture and treat the runoff for the design rainfall depth or event. Where
sediment basins are proposed to be oversized for storage of captured water for
re-use, install survey markers in each such basin to indicate the level that water
within the basin must be lowered to, in order to meet the storage capacity
specified in the above requirement.
34.12. Ensure sediment basins are dewatered as soon as practicable after each rainfall
event.
34.13. Ensure stormwater captured in sediment basins is treated prior to discharge to
minimise the volume and concentration of contaminants released from site,
having due regard to forecast rainfall (See E&SC Advice Note 6).
34.14. Ensure sediment basins and associated structures such as inlets, outlets and
spillways are structurally sound for 10 year ARI rainfall event, under normal
circumstances and for 100 year ARI rainfall event, if failure of the basin poses a
threat to downstream dwellings or public safety.
34.15. Ensure accumulated sediment from basins and other controls is removed and
disposed of appropriately without causing water contamination.
34.16. Ensure sediment does not leave the site on the tyres of vehicles.
General
35. A suitably qualified Registered Professional Engineer must prepare engineering
drawings and specifications for all engineering works, which must be submitted in
conjunction with an application for a Development Permit for Operational Works.
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36. Digital detailed designs including drawings, calculations, specifications etc, must be
submitted with any application for a Development Permit for Operational Works in
respect of roadworks and stormwater drainage works. The design must be in
accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design
Standards – Roads, Drainage and Earthworks. To avoid conflict with underground pipes
or services, all existing and proposed services required by the development must be
shown on the plans.
37. To facilitate production of As Constructed drawings it is suggested that all design
drawings are submitted in the Asset Design and As Constructed (ADAC) digital format.
(Guidelines on the use of ADAC are available at www.adac.com.au).
38. Any damage caused to any public utility during the course of construction must be
repaired to Council’s standards and at no cost to Council.
39. Any alteration of any public utility or other facilities necessitated by the development of
the land or associated construction works external to the site must be at no cost to
Council.
40. The transportation of all materials to and from the site must be undertaken in a manner
such that no particle matter escapes onto a public road. All vehicles carrying materials
either to or from the site must be covered to prevent materials including dust being
windblown from the vehicle.
41. As Constructed drawings and data must be certified by a qualified experienced Civil
Engineer for design intent, and a Licensed Surveyor must certify the cadastre and the
location, level and type of all services and structures. All of which must be submitted to
Council for checking and for Council’s records.
42. The data must fully detail levels for all engineering works including but not limited to
drainage structures, finished ground levels and pavement surface levels. The data must
be submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines
on the use of ADAC are available at www.adac.com.au).
Approval of works must not be granted until all As Constructed information has been
supplied and accepted by Council.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Address Referral Trigger
Concurrence Department of Environment & Heritage Material change of use –
Protection Contaminated land
Admin Officer – Permit & Licence (unexploded ordnance)
Management
Implementation & Support Unit
GPO Box 2454 Brisbane QLD 4001
7. ADVISORY NOTES
STATE PLANNING REGULATORY PROVISION (ADOPTED CHARGES)
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1. This development permit may trigger an 'Adopted Infrastructure Charge Notice' (if
applicable) to be issued in accordance with Councils 'Adopted Infrastructure Charges
Resolution (No.1) 2011' under the State Planning Regulatory Provision (Adopted
Charges) and the Sustainable Planning Act 2009.
E&SC Advice Notes
2. In this document, an effectively stabilised surface is defined as one that does not:
2.1. have visible evidence of soil loss caused by sheet, rill or gully erosion or
2.2. lead to sedimentation, or
2.3. - lead to water contamination.
3. Diverting clean stormwater runoff into a sediment basin is an inferior option to diverting
clean stormwater around or through the site because it will cause an increase in the
volume and frequency of contaminated releases from the sediment basin. For this
reason, diverting clean stormwater into a sediment basin is not acceptable unless the
proponent demonstrates that diverting clean stormwater around or through the site is
not feasible.
4. Compensatory controls are erosion controls, flow controls and sediment controls which
compensate for the lack of sediment basin and are applied such that the type, timing,
placement and management of controls minimise the potential for water contamination
and environmental harm. This is primarily achieved by reducing the risk of erosion and
subsequent sediment release, for example by turfing or mulching and managing
concentrated flows in the area.
5. Research has shown that sediment basins designed on a “batch” or total storm capture
approach are only capable of treating a small percentage of the annual runoff volume
without basin size becoming excessive. Innovation in sediment basin design to
incorporate continuous flow treatment is likely to occur in the future and as this
technology becomes available in best practice guidelines it is required that this
technology be adopted where a better water quality outcome will result. In the interim
the minimum basin size is as specified in the condition.
6. Dewatered flows from sediment basins must be treated to ensure total suspended solids
concentrations of less than 50mg/L and that pH is within 6.5-8.5 unless it can be
demonstrated that a non-compliant release occurred to facilitate a better environmental
outcome. For example, higher total suspended solids concentrations may be acceptable
in circumstances where further rain is imminent and it can be substantiated that
releasing partially treated basin water which has a TSS concentration exceeding the
release limit, would minimise the total contamination released from the site, by providing
for the capture and treatment of expected runoff. However, releasing waters from
sediment basins without treatment is not acceptable.
7. The applicant is advised that a Compliance Permit for all plumbing and drainage works
within the boundaries of the development site must be obtained from Council’s Plumbing
Services Section prior to obtaining a Development Permit for Building Works.
Equitable Access and Facilities
8. The plans for the proposed building work have NOT been assessed for compliance with
the requirements of the Building Code of Australia – Part D3 as they relate to people
with disabilities. Your attention is also directed to the fact that in addition to the
requirements of the Building Code of Australia – Part D3 as they relate to people with
disabilities, one or both of the following may impact on the proposed building work:
(a) the Disability Discrimination Act 1992 (Commonwealth); and
(b) Anti-Discrimination Act 1991 (Queensland).
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Sunshine Coast Regional Council recommends that the following matters be considered
to address equitable access and facilities in the building:
(a) the building and environs should be designed to meet the requirements of the
Human Rights and Equal Opportunity Commission “Advisory Notes on Access
to Premises” and AS 1428.2;
(b) applicants should be aware that a “Disability Standard on Access to premises”
is currently being developed and most likely will impose changes on the
Building Code of Australia; and
(c) any services and facilities in the building complex should allow independent,
dignified and equitable use of the services and facilities for all people.
Aboriginal Cultural Heritage Act 2003
9. There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
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 Act can also issue stop
orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss
any obligations under the ACH Act.
Resubmission of Amended Plans Required
10. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plans to Council’s Development
Assessment Branch with the Reference No. MCU10/2113.03. To avoid delays and
assessment issues with the Building Works application, it is recommended the plans be
resubmitted prior to lodgement of any Building Works application. However, should the
plans not be submitted, the applicant is advised that a Preliminary Approval may be
issued in lieu of a Development Permit.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Access & Carparking, Stormwater & Frontage
Works Works
Development Permit for Building Works
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11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Planning Act 2016 is attached.
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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online
at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Andrew Gaffney
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 25 August 2011.
• Change to an Existing Approval – MCU10/2113.01 – 18 June 2013, with an amendment to conditions 1, 9 & 18 and
amendment to list of plans.
• Decision Notice – Other Change – MCU10/2113.02 – 21 November 2018, with an amendment to conditions 1 & 9.
• Decision Notice – Other Change – MCU10/2113.03 – 2 July 2026, with an amendment to condition 1 & delete condition 9.4
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to – 1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and application; and
(b) The person- (e) each person who may elect to become a co-respondent for the
appeal, other than an eligible submitter who is not a principal
(i) who may appeal a matter (the appellant); and
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and (f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and (g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the person who the registrar considers appropriate.
matter. (4) The service period is –
(2) An appellant may start an appeal within the appeal period. (a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is – Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business (b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the (5) A notice of appeal given to a person who may elect to be a co-
agency; or respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the (6) A person elects to be a co-respondent by filing a notice of election,
deemed refusal happens; or in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter appeal is given to the person.
7, part 4, to register premises or to renew the registration of 231 Other appeals
premises – 20 business days after a notice us published under
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
section 269(3)(a) or (4); or
the Supreme Court decides a decision or other matter under this
(d) for an appeal against an infrastructure charges notice – 20 Act is affected by jurisdictional error, the decision or matter is non-
business days after the infrastructure charges notice is given appealable.
to the person; or
(2) The Judicial Review Act 1991, part 5 applies to the decision or
(e) for an appeal about a deemed approval of a development matter to the extent it is affected by jurisdictional error.
application for which a decision notice has not been given –
(3) A person who, but for subsection (1) could have made an
30 business days after the applicant gives the deemed
application under the Judicial Review Act 1991 in relation to the
approval notice to the assessment manager; or
decision or matter, may apply under part 4 of that Act for a
(f) for any other appeal – 20 business days after a notice of the statement of reasons in relation to the decision or matter.
decision for the matter, including an enforcement notice, is
(4) In this section –
given to the person.
decision includes-
Note –
See the P&E Court Act for the court’s power to extend the appeal (a) conduct engaged in for the purpose of making a decision; and
period. (b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard (c) the making of a decision or failure to make a decision; and
in the appeal.
(d) a purported decision; and
(5) If an appeal is only about a referral agency’s response, the
assessment manager may apply to the tribunal or P&E Court to (e) a deemed refusal.
withdraw from the appeal. non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an matter-
infrastructure charges notice must not be about- (a) is final and conclusive; and
(a) the adopted charge itself; or (b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund- set aside or called into question in any other way under the
Judicial Review Act 1991 or otherwise, whether by the
(i) the establishment cost of trunk infrastructure identified in Supreme Court, another court, a tribunal or another entity; and
a LGIP; or
(c) is not subject to any declaratory, injunctive or other order of
(ii) the cost of infrastructure decided using the method the Supreme Court, another court, a tribunal or another entity
included in the local government’s charges resolution. on any ground.
230 Notice of appeal 232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the (1) A person who is appealing to the P&E Court must comply with the
tribunal or P&E Court, a notice of appeal that- rules of the court that apply to the appeal.
(a) is in the approved form; and
(2) However, the P&E Court may hear and decide an appeal even if
(b) succinctly states the grounds of the appeal. the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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Document Set ID: 24928702
Version: 6, Version Date: 09/07/2026
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