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Decision Notice - Approved by Delegation of Authority - MCU26 0010 (As Published) · MCU26/0010

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                                                                                       Officer:            Georgina Schramm
                                                                                       Direct Telephone:   07 5329 6245
                                                                                       Our Reference:      MCU26/0010
                                                                                       Your Reference:     20240923

               10 July 2026


               Avalon Projects
               C/- Adapt Development Management P/L
               Level 1/103 Sippy Downs Dr
               SIPPY DOWNS QLD 4556
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 8 July 2026, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              MCU26/0010

                   Street address:              12 Captains Ct, Sunrise Beach Qld 4567

                   Real property description:   Lot 25 RP 903822

                   Planning Scheme:             Noosa Plan 2020 (Amendment 2 - 26 September 2025)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for a Material Change of Use - Dwelling house (building height, site
                       cover, rooftop terrace)
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

               PLANNING
                       When Conditions must be Complied With
               1.      Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                       the use commencing, and then compliance maintained at all times while the use continues.




               ABN 97.969.214.121                                                                PO Box 141
               noosa.qld.gov.au                                                           Tewantin QLD 4565
               [email protected]                                                           07 5329 6500
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v6 NOOSA
@®& Council

Officer: Georgina Schramm
Direct Telephone: 07 5329 6245

Our Reference: MCU26/0010

Your Reference: 20240923

10 July 2026

Avalon Projects

C/- Adapt Development Management P/L
Level 1/103 Sippy Downs Dr

SIPPY DOWNS QLD 4556

[email protected]

Dear Sir/Madam,

Decision Notice
Planning Act 2016

| refer to your application and advise that on 8 July 2026, Council decided to approve the
application, subject to conditions.

Details of the decision are as follows:

1. APPLICATION DETAILS

Application No: MCU26/0010

Street address: 12 Captains Ct, Sunrise Beach Qld 4567

Real property description: Lot 25 RP 903822

Planning Scheme: Noosa Plan 2020 (Amendment 2 - 26 September 2025)
2. DECISION DETAILS

Council decided to issue the following type of approval:

e Development Permit for a Material Change of Use - Dwelling house (building height, site
cover, rooftop terrace)

3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.

4. ASSESSMENT MANAGER CONDITIONS

PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to

the use commencing, and then compliance maintained at all times while the use continues.

 

ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500

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                      Currency Period
               2.     This development approval lapses if the use has not happened by 12 July 2032, unless an
                      application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.
                      The following plans require amendment:

                        Plan No/ Job No   Rev.   Plan/Document Name                             Date

                        20.148            J      Site Plan prepared by Avalon Projects          22.05.2026

                        20.148            J      Basement Floor Plan prepared by Avalon 22.05.2026
                                                 Projects

                        20.148            J      Ground Floor Plan prepared by Avalon Projects 22.05.2026

                        20.148            J      First Floor Plan prepared by Avalon Projects   22.05.2026

                        20.148            J      Roof Plan prepared by Avalon Projects          22.05.2026
                                                 Annotated by Council

                        20.148            J      Elevation 1 prepared by Avalon Projects        22.05.2026
                                                 Annotated by Council

                        20.148            J      Elevation 2 prepared by Avalon Projects        22.05.2026
                                                 Annotated by Council

                        20.148            J      Elevation 3 prepared by Avalon Projects        22.05.2026
                                                 Annotated by Council

                        20.148            J      Elevation 4 prepared by Avalon Projects        22.05.2026
                                                 Annotated by Council

                        20.148            J      Elevation 1 Street View prepared by Avalon 22.05.2026
                                                 Projects
                                                 Annotated by Council

                        20.148            J      Section A prepared by Avalon Projects          22.05.2026
                                                 Annotated by Council

                        20.148            J      Section A3 prepared by Avalon Projects         22.05.2026

                        20.148            J      Section B prepared by Avalon Projects          22.05.2026

                        20.148            J      Section B3 prepared by Avalon Projects         22.05.2026
                                                 Annotated by Council




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Currency Period

2. This development approval lapses if the use has not happened by 12 July 2032, unless an
application to extend the currency period is approved by Council.

Approved Plans

3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.

The following plans require amendment:

Plan No/ Job No Rev. Plan/Document Name Date

20.148 J Site Plan prepared by Avalon Projects 22.05.2026

20.148 J Basement Floor Plan prepared by Avalon 22.05.2026
Projects

20.148 J Ground Floor Plan prepared by Avalon Projects 22.05.2026

20.148 J First Floor Plan prepared by Avalon Projects 22.05.2026

20.148 J Roof Plan prepared by Avalon Projects 22.05.2026

Annotated by Council

20.148 J Elevation 1 prepared by Avalon Projects 22.05.2026
Annotated by Council

20.148 J Elevation 2 prepared by Avalon Projects 22.05.2026
Annotated by Council

20.148 J Elevation 3 prepared by Avalon Projects 22.05.2026
Annotated by Council

20.148 J Elevation 4 prepared by Avalon Projects 22.05.2026
Annotated by Council

20.148 J Elevation 1 Street View prepared by Avalon 22.05.2026
Projects

Annotated by Council

20.148 J Section A prepared by Avalon Projects 22.05.2026
Annotated by Council

20.148 J Section A3 prepared by Avalon Projects 22.05.2026
20.148 J Section B prepared by Avalon Projects 22.05.2026
20.148 J Section B3 prepared by Avalon Projects 22.05.2026

Annotated by Council

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                      Rooftop Terrace
               4.     The northern elevation of the rooftop terrace is to be screened by opaque glazing to a
                      minimum height of 1.7 metres above finished floor level, for the purposes of eliminating
                      overlooking opportunities.
                      Site Access and Driveways
               5.     A sealed access driveway must be provided from Captains Court to all parking and
                      manoeuvring areas of the development. The works must be undertaken in accordance with
                      an Operational Works approval, and must include in particular:
                      a.      a driveway crossover in accordance with Council standard drawings RS-049 and RS-
                              050.
                      Stormwater Drainage
               6.     Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property.
                      Easements
               7.     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.
               8.     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.
               9.     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
               10.    All earthworks and associated retaining structures/batters, both above and below ground,
                      both temporary and permanent, must be contained entirely within the subject site unless
                      written permission form the respective landowner(s) is provided to Council. All earthworks
                      must be undertaken in accordance with the provisions of Australian Standard AS3798:
                      Guidelines on Earthworks for Commercial and Residential Developments.
               11.    Where the development involves excavation or filling over, or adjacent to, drainage, water
                      supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
                      provide a freeboard of 100mm above the finished ground surface level.
               12.    All retaining walls must be designed and constructed in accordance with the planning scheme
                      and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
                      are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
                      safety fence.
                      Damage to Services and Assets
               13.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.
               5.     REFERENCE DOCUMENTS

               Not applicable.



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10.

11.

12.

13.

5.

Rooftop Terrace

The northern elevation of the rooftop terrace is to be screened by opaque glazing to a
minimum height of 1.7 metres above finished floor level, for the purposes of eliminating
overlooking opportunities.

Site Access and Driveways

A sealed access driveway must be provided from Captains Court to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval, and must include in particular:

a. a driveway crossover in accordance with Council standard drawings RS-049 and RS-
050.

Stormwater Drainage

Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.

Easements

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.

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.

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

All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be contained entirely within the subject site unless
written permission form the respective landowner(s) is provided to Council. All earthworks
must be undertaken in accordance with the provisions of Australian Standard AS3798:
Guidelines on Earthworks for Commercial and Residential Developments.

Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.

All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.

Damage to Services and Assets

Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:

a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or

b. — where otherwise, upon completion of the works associated with the development.

Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.

REFERENCE DOCUMENTS

Not applicable.

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Page 4

               6.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Concurrence            SARA at DILGP SARA at Referral Trigger                   Response
                                       DILGP Via MyDAS2 at
                                       https://prod2.dev-
                                       assess.qld.gov.au/suite/
                                       (for assistance, contact
                                       DILGP at 5352 9701 or
                                       email:SEQNorthSARA@di
                                       lgp.qld.gov.au

                Referral Agency        State Assessment Referral Schedule 10, Part 4,           The agency provided
                                       Agency                    Division 3, Table 1,           its response on 9
                                                                 Item 1 (Planning               March 2026
                                                                 Regulation 2017)               (Reference No.
                                                                                                ref:24590836). A copy
                                                                                                of the response is
                                                                                                attached

               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               PLANNING
                      Aboriginal Cultural Heritage Act 2003
               1.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
                      approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
                      The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
                      carries out an activity must take all reasonable and practicable measures to ensure the
                      activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
                      duty of care. Substantial monetary penalties may apply to individuals or corporations
                      breaching this duty of care. Injunctions may also be issued by the Land and Resources
                      Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
                      that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
                      of Aboriginal cultural heritage.
                      You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
                      Equitable Access and Facilities
               2.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.




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6. REFERRAL AGENCIES

The referral agencies applicable to this application are:

Concurrence

Referral Agency

SARA at DILGP SARA at
DILGP Via MyDAS2 at
https://prod2.dev-
assess.qlid.gov.au/suite/
(for assistance, contact
DILGP at 5352 9701 or
email: SEQNorthSARA@di
Igp.qld.gov.au

State Assessment Referral
Agency

7. ADVISORY NOTES

Referral Trigger

Schedule 10, Part 4,
Division 3, Table 1,
Item 1 (Planning
Regulation 2017)

Response

The agency provided
its response on 9
March 2026
(Reference No.
ref:24590836). A copy
of the response is
attached

The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:

PLANNING

Document Set ID: 24935998

Aboriginal Cultural Heritage Act 2003

There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).

The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.

You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities

The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:

a. _ the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and

Cc. the Disability (Access to Premises — Buildings) Standards.

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                      Infrastructure Charges
               3.     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-and-
                      Development/Development-tools-and-guidelines/Infrastructure-Charges
                      Building and Construction Industry (Portable Long Service Leave) Levy
               4.     The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Preparation of a Preliminary Construction Management Plan
               5.     A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a.      Traffic management during all phases of construction;
                      b.      Adequate parking arrangements for works and deliveries;
                      c.      appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                              Devices (MUTCD); and
                      d.      provision for safe vehicle and pedestrian access across the frontage of the site both
                              during daily construction and after daily construction has ceased.
               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 Works          Vehicle crossover

                Development Permit for Building Works             All building work.

               11.    SUBMISSIONS

               Not applicable.
               12.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               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.




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Infrastructure Charges

3. 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:/Awww.noosa.qld.gov.au/Planning-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges

 

 

Building and Construction Industry (Portable Long Service Leave) Levy

4. | The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.

Preparation of a Preliminary Construction Management Plan

5. — Apreliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:

a. Traffic management during all phases of construction;
b. | Adequate parking arrangements for works and deliveries;

Cc. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and

d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.

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 Works _ Vehicle crossover
Development Permit for Building Works All building work.

11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.

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.

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               13.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.


               Yours faithfully,

               Georgina Schramm
               Senior Development Planner | Development Assessment
               Development & Regulation



               Enc:   Appeal Rights
                      Referral Agency Response
                      Approved Plans/Documents
               cc.    [email protected]




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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,

Georgia Schramm

Senior Development Planner | Development Assessment
Development & Regulation

Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents

cc. [email protected]

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Page 7

                                       Referral Agency Response
                                       PLANNING ACT 2016 & PLANNING REGULATION 2017




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&.96 NOOSA Referral Agency Response

 

 

a . . PLANNING ACT 2016 & PLANNING REGULATION 2017
Council
men DELIVERING Queensland
FOR QUEENSLAND Government

Department of
State Development,
Infrastructure and Planning

SARA reference: 2603-51054 SRA
Council reference: MCU26/0010
Applicant reference: 20240923

9 March 2026
Chief Executive Officer
Noosa Shire Council

[email protected]

Dear Sir/Madam

SARA referral agency response — Material change of use —
Dwelling House at 12 Captains Court, Sunrise Beach

(Referral agency response given under Chapter 3, Part 3, Division 1, Section 56 of the Planning Act 2016)

The development application described below was confirmed as properly referred by the State
Assessment and Referral Agency (SARA) on 6 March 2026.

 

 

Response
Outcome: Referral agency response — with conditions
Date of response: 9 March 2026
Conditions: The conditions in Attachment 1 must be attached to any
development approval
Advice: Advice to the applicant is in Attachment 2
Reasons: The reasons for the referral agency response are in Attachment 3
Development details
Description: Development Permit Material change of use — Dwelling House
‘South East Queensiand (North) regional
office
Level 4, Foundation Place 3 South Sea
Islander Way, Maroochydore
Page 1 of 5 PO Bax te Maroochydore OLD 4558
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Page 8

SARA role:
SARA trigger:

SARA reference:
Assessment manager:
Street address:

Real property description:

Applicant name:
Applicant contact details:

Human Rights Act 2019
considerations:

Representations

2803-51054 SRA

Referral agency
Schedule 10, Part 4, Division 3, Table 1, Item 1 (Planning Regulation
2017)

Premises contaminated because of unexploded ordinance
2603-51054 SRA

Noosa Shire Council

12 Captains Court, Sunrise Beach

Lot 25 on RP903822

Avalon Projects
Ci- Adapt Development Management Pty Ltd

[email protected]
A consideration of the 23 fundamental human rights protected under
the Humans Right Act 2019 has been undertaken as part of this
decision. It has been determined that this decision does not limit
human rights.

Document Set ID: 24935998

An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (chapter 1, part 7, section 30
Development Assessment Rules). Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Helen Reilly, Planning Officer, on (07) 4032 3739 or via email
[email protected] who will be pleased to assist.

Yours sincerely

/

salut

Jamaica Hewston
Manager
ce Avalon Projects C/- Adapt Development Management Pty Ltd, [email protected]
enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant

Attachment 3 - Reasons for early referral agency response
Attachment 4 - Representations abaut a referral agency response provisions

‘State Assessment and Referral Agency Page 20f 5

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Page 9

2603-51054 SRA

Attachment 1—Referral agency conditions

(Under Chapter 3, Part 5, Division 1, Secon 56(1)(b)) Of the Planning Act 2076 the following condiions must be
aitached to any development approval relating to this application)

 

 

 

 

 

 

 

 

 

 

No. | Conditions Condition timing

Material change of use

10.4.3.1.1 — Contaminated land (unexploded ordnance) —The chief executive administering the

Planning Act 2016 nominates the Director-General of the Department of State Development,

Infrastructure and Planning to be the enforcement authority for the development to which this

development approval relates for the administration and enforcement of any matter relating to the

following condition:

1. Provide certification to the Department of State | Prior to the commencement of
Development, Infrastructure and Planning at [email protected] by an
approved contractor on the Australian
Government, Department of Defence,

Unexploded Ordnance (UXO) Panel that the;
(a) subject site has been remediated and
cleared of unexploded ordnances; or
(b) proposed use can be suitably managed on
the site.
‘State Assessment and Referral Agency Page 3 of 5

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Document Set ID: 24935998
Version: 5, Version Date: 10/07/2026

2603-51054 SRA

Attachment 2—Advice to the applicant

 

 

General advice

 

Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
or the State Development Assessment Provisions (SDAP) (version 3.5). If a word remains
undefined it has its ordinary meaning.

 

 

 

Provide the owner, occupier and any person employed to work on the subject site the following
information:

{a) Residual UXO may still exist following remediation and all work should proceed with due
caution.

(b) The procedure to be followed by any person finding an object suspected of being
explosive ordnance or component thereof:

i advise the police immediately

i. do not disturb the object

ii. take action, where appropriate, to prevent it being disturbed by
(c) Another person:

i note its approximate dimensions and general appearance

i. note the route to its location.

Applicants wanting to find out more details of area management advice (AMA), current UXO
investigations and remedial search contractors, may use the following websites:

« Department of Environment, Tourism, Science and Innovation
https /iwww_.des.ald.gov.au/

* Commonwealth Department of Defence - htto:/iwww.defence.gov.au/uxo/

 

 

‘State Assessment and Referral Agency Page 4.of 5

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2603-51054 SRA

Attachment 3—Reasons for referral agency response

 

(Given under chapter 3, part 3, division 1, section 56(7) of the Planning Act 2016)

The reasons for the SARA’s decision are:

«the application is for a Development Permit for Material change of use for a Dwelling House at 12
Captains Court, Sunrise Beach formally described as Lot 25 on RP903822

« the proposed development required referral for works located in an area with substantial unexploded
ordnance potential

« SARA assessed the development application against State code 13: Unexploded ordnance (State
code 13) of the State Development Assessment Provisions (SDAP). version 3.5

« SARA determined that the application complied with the relevant State code 13, with conditions to
ensure the development:

© does not place another part of the environment, or human health, at risk as a consequence of
development.

Material used in the assessment of the application:

« the development application material and submitted plans
* Planning Act 2016

« Planning Regulation 2017

« the SDAP (version 3.5), as published by SARA

« the Development Assessment Rules

« SARA DA Mapping system

« section 58 of the Human Rights Act 2019

Attachment 4—Representations about a referral agency response
provisions

 

(page left intentionally bearix)

State Assessment and Referral Agency Page Sof 5

Page 11 of 12

Page 12

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                                  within the service period, give a copy of the notice of appeal to –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –
                                                                                                      1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and
                                                                                                      application; and
                   (b) The person-
                                                                                                  (e) each person who may elect to become a co-respondent for the
                         (i)   who may appeal a matter (the appellant); and                           appeal, other than an eligible submitter who is not a principal
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the
                                                                                                      person who the registrar considers appropriate.
                              matter.
                                                                                              (4) The service period is –
               (2) An appellant may start an appeal within the appeal period.
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –
                                                                                                      Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the
                       agency; or                                                             (5) A notice of appeal given to a person who may elect to be a co-
                                                                                                  respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the
                       deemed refusal happens; or                                             (6) A person elects to be a co-respondent by filing a notice of election,
                                                                                                  in the approved form, within 10 business days after the notice of
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                                  appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          231 Other appeals
                       section 269(3)(a) or (4); or
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                   (d) for an appeal against an infrastructure charges notice – 20                the Supreme Court decides a decision or other matter under this
                       business days after the infrastructure charges notice is given             Act is affected by jurisdictional error, the decision or matter is non-
                       to the person; or                                                          appealable.
                   (e) for an appeal about a deemed approval of a development                 (2) The Judicial Review Act 1991, part 5 applies to the decision or
                       application for which a decision notice has not been given –               matter to the extent it is affected by jurisdictional error.
                       30 business days after the applicant gives the deemed
                                                                                              (3) A person who, but for subsection (1) could have made an
                       approval notice to the assessment manager; or
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                   (f)   for any other appeal – 20 business days after a notice of the            decision or matter, may apply under part 4 of that Act for a
                         decision for the matter, including an enforcement notice, is             statement of reasons in relation to the decision or matter.
                         given to the person.
                                                                                              (4) In this section –
               Note –                                                                             decision includes-
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (a) conduct engaged in for the purpose of making a decision; and
                   period.
                                                                                                  (b) other conduct that relates to the making of a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (c) the making of a decision or failure to make a decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (d) a purported decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  (e) a deemed refusal.
                   withdraw from the appeal.
                                                                                                  non-appealable, for a decision or matter, means the decision or
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  matter-
                   infrastructure charges notice must not be about-
                                                                                                  (a) is final and conclusive; and
                   (a) the adopted charge itself; or
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (b) for a decision about an offset or refund-
                                                                                                      set aside or called into question in any other way under the
                         (i)   the establishment cost of trunk infrastructure identified in           Judicial Review Act 1991 or otherwise, whether by the
                               a LGIP; or                                                             Supreme Court, another court, a tribunal or another entity; and
                         (ii) the cost of infrastructure decided using the method                 (c) is not subject to any declaratory, injunctive or other order of
                              included in the local government’s charges resolution.                  the Supreme Court, another court, a tribunal or another entity
                                                                                                      on any ground.
               230 Notice of appeal
                                                                                              232 Rules of the P&E Court
               (1) An appellant starts an appeal by lodging, with the registrar of the
                   tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
                                                                                                  rules of the court that apply to the appeal.
                   (a) is in the approved form; and
                   (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
                                                                                                  the person has not complied with the rules of the P&E Court
               (2) The notice of appeal must be accompanied by the required fee.




                                                                                                                                                 Page 12 of 12
Document Set ID: 24935998
Version: 5, Version Date: 10/07/2026


[OCR of page images]
PLANNING ACT 2016 & PLANNING REGULATION 2017

wd NOOSA Appeal Rights
ar

Council

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1) Schedule 1 of the Planning Act 2016 states —
(a) Matters that may be appealed to —
(i) either a tribunal or the P&E Court; or
(ii) only a tribunal; or
(iii) only the P&E Court; and
(b) The person-
(i) who may appeal a matter (the appellant); and
(ii) who is a respondent in an appeal of the matter; and
(iii) who is a co-respondent in an appeal of the matter; and
(

iv}

who may elect to be a co-respondent in an appeal of the
matter.

(2) An appellant may start an appeal within the appeal period.
(3) The appeal period is —
(a) for an appeal by a building advisory agency — 10 business

days after a decision notice for the decision is given to the
agency; or

(b) for an appeal against a deemed refusal — at any time after the
deemed refusal happens; or

(c) for an appeal against a decision of the Minister, under chapter
7, part 4, to register premises or to renew the registration of
premises — 20 business days after a notice us published under
section 269(3)(a) or (4); or

(d) for an appeal against an infrastructure charges notice — 20
business days after the infrastructure charges notice is given
to the person; or

(e) for an appeal about a deemed approval of a development
application for which a decision notice has not been given —
30 business days after the applicant gives the deemed
approval notice to the assessment manager; or

(f) for any other appeal — 20 business days after a notice of the
decision for the matter, including an enforcement notice, is
given to the person.

Note —

See the P&E Court Act for the court's power to extend the appeal

period.

(4) Each respondent and co-respondent for an appeal may be heard
in the appeal.

(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
withdraw from the appeal.

(6) To remove any doubt. It is declared that an appeal against an
infrastructure charges notice must not be about-

(a) the adopted charge itself; or
(b) for a decision about an offset or refund-

(i) the establishment cost of trunk infrastructure identified in
aLGIP; or

(ii) the cost of infrastructure decided using the method
included in the local government's charges resolution.

230 Notice of appeal

(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that-

(a) is in the approved form; and
(b) succinctly states the grounds of the appeal.

(2) The notice of appeal must be accompanied by the required fee.

Document Set ID: 24935998
Version: 5, Version Date: 10/07/2026

(3)

(4)

(5)

(6)

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 —

(a) the respondent for the appeal; and
(b) each co-respondent for the appeal; and

(c) for an appeal about a development application under schedule
1, table 1, item 1 - each principal submitter for the
development application; and

(d) for and appeal about a change application under schedule 1,
table 1, item 2 - each principal submitter for the change
application; and

(e) each person who may elect to become a co-respondent for the
appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and

(f) for an appeal to the P&E Court — the chief executive; and

(g) for an appeal to a tribunal under another Act — any other
person who the registrar considers appropriate.

The service period is —

(a) if a submitter or advice agency started the appeal in the P&E
Court — 2 business days after the appeal has started; or

(b) otherwise — 10 business days after the appeal is started.

A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).

A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
appeal is given to the person.

231 Other appeals

(1)

(2)

(3)

(4)

Subject to this chapter, schedule 1 and the P&E Court Act, unless
the Supreme Court decides a decision or other matter under this
Act is affected by jurisdictional error, the decision or matter is non-
appealable.

The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.

A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 in relation to the
decision or matter, may apply under part 4 of that Act for a
statement of reasons in relation to the decision or matter.

In this section —
decision includes-

(a) conduct engaged in for the purpose of making a decision; and
(b) other conduct that relates to the making of a decision; and

(c) the making of a decision or failure to make a decision; and
(d) a purported decision; and

(e) adeemed refusal.

non-appealable, for a decision or matter, means the decision or
matter-

(a) is final and conclusive; and

(b) may not be challenged, appealed against, reviewed, quashed,
set aside or called into question in any other way under the
Judicial Review Act 1991 or otherwise, whether by the
Supreme Court, another court, a tribunal or another entity; and

(c) is not subject to any declaratory, injunctive or other order of
the Supreme Court, another court, a tribunal or another entity
on any ground.

232 Rules of the P&E Court

(1)

(2)

A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.

However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court

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