Council archive · source document
Minor Change Existing Approval 51989 294 03 (As Published) · 51989.294.03
Officer: Matthew Pinese
Direct Telephone: 07 53296316
Our Reference: 51989.294.03
Your Reference: n/a
18 May 2026
KLV Brinkley
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Marcus,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 25 March 2026, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51989.294.03
Street address: Retreat Peregian 3/390 David Low Way Peregian Beach Qld 4573
Real property description: Lot 3 GTP 102586 and GTP 102586
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 1 June 1989
• Development Permit for Material Change of Use of Premises – Group Housing
Development of 21 Dwellings
In relation to the request to make a minor change to the existing approval, Council on 15 May 2026,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional conditions 32 to 45
C. Undertake minor administrative amendments to condition 31 approved plans table to rectify
incorrect dates and revision number.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
1. Payment of contributions in accordance with Council's Policy on Water Supply and Sewerage
Headworks, current at the time of Building approval. Calculations based upon the current
Policy including Price Index variation as at April, 1989, for water supply are estimated at
$3,175/dwelling house. If payment is not proposed to be made prior to the issue of Building
Approval, a cash bond or trading bank guarantee for the required amount is to be lodged
prior to the release of that Approval. The contribution is then required to be made within
fourteen (14) days of the issue of Building Approval.
2. Construction of roadworks, including access to the site, drainage and footpath improvements
across the full frontage of the development to connect to existing construction to the south
of the subject site, to the satisfaction of the Main Roads Department and Council's Shire
Engineer. Such works shall involve the construction of kerb and channel, bitumen widening,
associated drainage, hot mix correction to the existing pavement, and footpath upgrading
works. In this regard, plans prepared by a registered Civil Engineer are to be submitted to
and approved by the Shire Engineer and the Main Roads Department prior to the issue of a
Building Approval.
The Engineering design is to specifically include details of available sight distance at the
proposed access location, cross sections at 25 m. intervals, and the extent of proposed
clearing works to enable roadworks/retaining wall construction and the relation of these
works with respect to existing properties. The Applicant is to note that the proposed “Access
Only” to David Low Highway is not approved and ingress/egress is to be from a single
location only. The internal driveway is to be amended to provide a minimum 4.5 metre wide
driveway for 2-way operations with a three point turning area to be provided at the termination
of the driveway. Consideration may be given to reducing the required driveway width to 3.0
m. provided passing bays are appropriately located. All earthworks and retaining structures
associated with the driveway construction are to be contained entirely within the subject site.
3. The footpath to the frontage of the site is to be upgraded to the satisfaction of the Shire
Engineer.
4. The provision of any structural retaining works required to facilitate compliance with
Conditions 2 and 3 shall be effected at the developer's expense. An Engineering design of
the proposed structures, together with a landscaping plan relating to the retaining structures,
are to be submitted for approval by the Shire Engineer prior to issue of a Building Approval.
Such works shall be designed and constructed with a view to minimising damage to existing
vegetation in the road reserve.
5. The developer shall bear the cost of alteration of any public utility or facilities necessitated
by the development of the land or associated construction works external to the site.
6. Connection to Council's existing water supply reticulation system and the provision of internal
reticulation at the developer's expense to the standards and requirements of Council's Shire
Engineer. The internal reticulation shall be constructed and maintained by the owner.
7. The development will provide for the disposal of all sewerage and sullage wastes resulting
from the occupation of the proposed building by constructing and installing a package
treatment plant and associated absorption trenches and replacement fields at cost to the
developer and to the standards required by the Shire Engineer. Consideration will be given
to irrigation of the effluent within the landscaped areas of the site provided that the Applicant's
Engineer can demonstrate to the satisfaction of the Shire Engineer that adequate area is
available, having regard to the expected maximum population on the site.
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The design of the proposed effluent disposal system is to:—
a. be prepared by a registered civil engineer engaged by the applicants,
b. be approved by Council’s engineer prior to the issue of a Building Approval.
8. The Applicants will arrange for the construction and installation of the said package treatment
plant and absorption field (or irrigation system subject to the Shire Engineer’s approval) to
be supervised by a registered civil engineer. On completion of the work, the developer’s
engineer shall certify that the system has been installed as approved by the Council’s
Engineer.
9. The Applicant’s civil engineer shall design the said package treatment plant so as to ensure
that it is accessible by vehicle for both maintenance and sludge removal. An area is also to
be provided for the storage of chemicals and equipment and provision is to be made for
cleansing this area and such equipment employed. The detailed design necessary to comply
with this requirement is to be submitted to and approved by the Council’s Engineer prior to
the issue of a Building Permit.
10. The Applicants are to be responsible for ensuring the proper and effective maintenance of
the package treatment plant and absorption trench field. Prior to the occupation of the
buildings, the Applicants will:—
a. Enter into a permanent maintenance contract with the manufacture of the package
plant and proof of this contract shown to the Shire Engineer.
b. Enter into a legally binding agreement with the Council whereby the Council’s officers,
servants or agents shall at all times be at liberty to enter upon the subject land with or
without vehicles, plant and equipment for the purpose of inspecting the package
treatment plant and absorption field.
c. Enter into a legally binding agreement with the Council whereby the Council shall be
paid for every inspection as is reasonably required in accordance with the Council’s
duties at the rate of $50.00 per inspection (or other amount as determined by Council
resolution); such agreement to provide that such inspection fee shall be paid quarterly
and increase correspondingly with the annual percentage increase in the Consumer
Price Index from the date of this approval.
11. The Applicants will construct an underground drainage system designed to the requirements
and standards of the Council’s Engineer so as to dispose of all stormwater runoff which falls
upon the subject land or is naturally concentrated upon it. All stormwater must be collected
upon the subject land and connected into the system. Such drainage system shall extend
from the subject land to the existing natural creek to the north where a dissipator type outlet
also approved by the Council’s Engineer shall be provided by the Applicants at the proposed
outfall to the creek. The Applicant’s knowledge that the prior approval of the Land
Administration Commission shall be necessary before the Council’s Engineer can finally
approve this method of disposal. The Applicants will submit the necessary documentation
from the abovementioned drainage system to the Council prior to the issue of a building
permit and a building permit will not be issued until the documentation has been approved
by the Council’s Engineer.
12. The proposed beach accesses are to be of board and chain construction with the locations
and construction principles approved by the Beach Protection Authority prior to works
commencing. The access at the north of the site shall connect into the existing informal beach
accesses through the Council reserve. The existing accesses from this point to the beach
shall be upgraded to the standards and requirements of the Beach Protection Authority and
Council.
13. Submission to and approval by Council of building plans in accordance with the Building Act,
Council’s By-laws and Policies, and generally in accordance with the plan approved in this
Consent and the Shire of Noosa Town Planning Scheme apart from where amendments are
required or dispensations have been granted in conjunction with this Consent.
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14. Provision of at least 27 off-street car parking spaces, comprising 21 covered spaces and 6
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Town Planning
Scheme, Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans
and specifications for these works are to be submitted to the Shire Engineer for approval in
conjunction with the Building Application.
15. There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
16. The open space and setback areas are to be landscaped in accordance with the Noosa
Design Manual and a properly prepared landscaping plan to be submitted to and approved
by the Shire Planner, prior to the issue of a Building Approval. Such landscaping is to be
completed in accordance with the approved landscaping plan prior to the premises being
occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire
Planner.
17. Existing trees are to be retained, except where required to be removed due to building
operations or the conduct of the approved use.
18. Construction work is permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to
Saturday and no construction work is permitted on public holidays, except where extended
hours are approved by the Building Surveyor.
19. Any advertising sign or device is to comply with the provisions of the Noosa Design Manual.
20. The developer shall bear the cost of alteration of any public utility or facilities necessitated
by the development of the land or associated construction works external to the site.
21. Provision of approved refuse containers in accordance with the requirements of the Refuse
Management Regulations of 1983 for the storage and collection of refuse to the satisfaction
of Council’s Health Surveyor.
22. Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council’s
Health Department in accordance with the provisions of Chapter 43 of Council’s By-Laws
prior to such letting.
23. The swimming pool shall be licensed annually with the Council’s Health Department in
accordance with the provisions of Chapter 42 of Council’s By-Laws.
24. Submission of a cash bond or trading bank guarantee to the sum of $20,000 to secure
performance of conditions, prior to the issue of Building Approval. The cash bond or trading
bank guarantee may be returned to the developer upon performance of the conditions of
approval.
25. The provisions of this Town Planning Consent are to be effected prior to the commencement
of the specific use granted under this Consent. Council reserves the right to call upon the
bond or guaranteed sum referred to in this approval for the purposes of litigation should the
use not be conducted in accordance with this Approval.
26. This Consent may be revoked pursuant to Section 33 (16D) of the Local Government Act if
substantial progress has not been made in the erection of any building or other structures in
accordance with this Consent or the rights conferred by this Consent are not exercised in
accordance with this Consent within two (2) years of the date thereof.
27. The tennis court shall remain unlit.
28. The beach front building setback may be reduced to 1.5 metres.
29. The minimum setback from the David Low Highway shall be 6.0 metres.
30. Payment of outstanding fees of $130 prior to the issue of a Building Permit.
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31. Additional Conditional - Approved Plans 14 September 2022 – Unit 2
Plan No. Rev. Plan/Document Name Date
SK_3.01 D Site Plan, prepared by Blackwood 22/06/2022
Architecture & Design
SK_4.3 D Proposed Basement Plan, prepared by 22/06/2022
Blackwood Architecture & Design
SK_4.4 D Proposed Ground Floor Plan, prepared by 22/06/2022
Blackwood Architecture & Design
SK_4.5 D Proposed Level 1, prepared by Blackwood 22/06/2022
Architecture & Design
SK_5.5 D Proposed North Elevation, prepared by 22/06/2022
Blackwood Architecture & Design
SK_5.6 D Proposed East Elevation, prepared by 22/06/2022
Blackwood Architecture & Design
SK_5.7 D Proposed South Elevation, prepared by 22/06/2022
Blackwood Architecture & Design
SK_5.8 D Proposed West Elevation, prepared by 22/06/2022
Blackwood Architecture & Design
32. Additional Condition – 15 May 2026 – Unit 3
Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
202618/DA1.08 A Demo Basement Plan, prepared by 2/03/2026
Blackwood
202618/DA1.09 A Demo Ground Floor Plan, prepared by 2/03/2026
Blackwood
202618/DA1.10 A Demo Level 01 Plan, prepared by 2/03/2026
Blackwood
202618/DA2.01 A Proposed Basement Plan, prepared by 2/03/2026
Blackwood
202618/DA2.02 A Proposed Ground Floor Plan, prepared by 2/03/2026
Blackwood
202618/DA2.03 A Proposed Level 1 Plan, prepared by 2/03/2026
Blackwood
202618/DA2.04 A Proposed Roof Plan, prepared by 2/03/2026
Blackwood
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202618/DA3.07 A North Elevation Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.08 A East Elevation Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.09 A South Elevation Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.10 A West Elevation Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.11 A Section A Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.12 A Section B Proposed, prepared by 2/03/2026
Blackwood
202618/DA3.13 A Section C, prepared by Blackwood 2/03/2026
202618/DA6.01 A Powdery Room Joinery Plan, prepared by 20/03/2026
Blackwood
Partial Demolition of Existing Building
Codes of Development
33. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
Works
34. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste Management
35. Adequate area must be provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
removal or demolition works.
36. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
37. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work.
Water Quality and Drainage
38. Erosion and sediment control is to be undertaken in accordance with the requirements of the
Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
maintained until soils are stabilised by vegetation or sealed.
NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
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Health and Safety
39. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
40. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
41. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
42. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
General
43. Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
44. Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
pre-existing conditions.
Plumbing and Drainage
45. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. 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 Infrastructure Charges | Noosa Shire Council
7. PROPERTY NOTES
Not applicable.
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 Building Works All building work.
10. SUBMISSIONS
Not applicable.
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.
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
Matthew Pinese
Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 1 June 1989.
• Decision Notice - Minor - 51989.294.01 – 13 June 2018; Generally in accordance
• Decision Notice – Minor – 51989.294.02 – 14 September 2022; additional condition 31 (Unit 2).
• Decision Notice - Minor – 51989.294.03 – 15 May 2026 with an administrative amendment to condition 31 and additional conditions
32-45.
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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
(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.
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