Council archive · source document
Minor Change Existing Approval - MCU21 0231 02 (As Published) · MCU21/0231.02
Officer: Georgina Schramm
Direct Telephone: 07 5329 6245
Our Reference: MCU21/0231.02
Your Reference: 0283
9 September 2025
Mark Bain Constructions Pty Ltd
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 28 August 2025, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU21/0231.02
Street address: 10 Natasha Ave Noosa Heads Qld 4567
24 Katharina St Noosa Heads Qld 4567
Real property description: Lot 2 RP 122891 & Lot 135 RP 92518
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 30 August 2022.
• Development Permit for Material Change of Use – Multiple Dwelling.
In relation to the request to make a minor change to the existing approval, Council on 9 September
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 2 & 20.
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
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.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
S1.0 - Site Plan prepared by Chris Clout Design 2 February 2023
S1.3 - Landscaping prepared by Chris Clout 2 February 2023
Design
C1.0 - K1, 2 & 3 Basement Plan prepared by 2 February 2023
Chris Clout Design
W9.1 B K1, 2 & 3 GF Plan prepared by Chris 2 February 2023
Clout Design
(resubmitted with
amendments on
28 August 2025)
C1.2 - K1, 2 & 3 UF Plan prepared by Chris 2 February 2023
Clout Design
C1.4 - K1, 2 & 3 Elevations prepared by Chris 19 August 2022
Clout Design
C1.5 - K1,2 & 3 Elevations prepared by Chris 19 August 2022
Clout Design
(resubmitted with
Annotated by Council amendments on
28 August 2025)
C1.6 - K1, 2 & 3 Sections prepared by Chris 2 February 2023
Clout Design
C2.0 - K4, 5 & 6 GF Plan prepared by Chris 19 August 2022
Clout Design
C2.1 - K4, 5 & 6 UF Plan prepared by Chris 19 August 2022
Clout Design
C2.2 - K4 Elevations prepared by Chris Clout 19 August 2022
Design
C2.3 - K5 & 6 Elevations prepared by Chris 19 August 2022
Clout Design
C2.4 - K4, 5 & 6 Sections prepared by Chris 19 August 2022
Clout Design
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C3.0 - N1 & N2 LF Plan prepared by Chris Clout 19 August 2022
Design
C3.1 - N1 & N2 GF Plan prepared by Chris Clout 19 August 2022
Design
C3.2 - N1 & N2 UF Plan prepared by Chris Clout 19 August 2022
Design
C3.3 - N1 & N2 Elevations prepared by Chris 19 August 2022
Clout Design
C3.4 - N1 & N2 Elevations prepared by Chris 19 August 2022
Clout Design
C3.5 - N1 & N2 Sections prepared by Chris 19 August 2022
Clout Design
Nature and Extent of Approved Use
3. The approved Multiple Dwellings is comprised of eight (8) dwellings, six (6) of which are small
dwellings, in accordance with the administrative definition under the Noosa Plan 2020.
Currency Period
4. This development approval lapses if the use has not happened by 30 August 2028, unless
an application to extend the currency period is approved by Council.
Reconfiguration of a Lot
5. The existing allotments are to be amalgamated into one allotment and a new Certificate of
Title issued to cover the newly created allotment prior to the commencement of the use.
Building Height
6. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground level except where shown on the approved plans.
7. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
Water & Sewer Connections
9. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
10. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to each the development site.
Building Appearance
11. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties.
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12. All deck and balcony areas above ground floor must not be fully enclosed by permanent
fixtures such as shutters, louvres, glass panelling or the like, and must remain generally open
on at least 1 side.
Fencing and Walls
13. Any street fencing must be set back an average of 1 metre from the front property boundary.
Any fencing on the front boundary must not exceed 2m in height.
14. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Clothes Drying Areas
15. Each dwelling unit must be provided with access to an outdoor clothes line which is screened
from public view.
Retention of Existing Trees
16. An arborist’s report is to be submitted for approval as part of the Operational Works
application. The purpose of the arborist’s report is to identify the native vegetation to be
retained or removed across the two allotments, and within the road reserve, with existing
native vegetation retained where located outside the approved building footprints.
17. All existing trees in the road reserve must be retained unless otherwise approved to be
removed through an Operational Works application.
18. Any trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared;
d. using low impact construction techniques around vegetation.
Landscaping Works
19. An amended landscaping plan is to be provided prior to commencing Operational Works,
and is to include:
a. landscaping species details as annotated on the ‘Landscaping Concept Plan’ on the
approved Landscaping Plan of this Decision Notice; and
b. adopt the findings and recommendations of the Arborist Report, to retain trees species
where within areas of soft landscaping.
20. The works must be undertaken in accordance with an Operational Works approval and
associated revised Landscaping Plan, the Noosa Plan and Planning Scheme Policy PSP2 -
Landscaping for that specific area and must include in particular:
a. the works shown on the approved Landscaping Plan;
b. a 1 metre wide landscaping strip within the Lot, along the Natasha Avenue and
Katharina Street road frontage of the subject site, exclusive of the access driveway,
generally uncompromised by infrastructure items;
c. provision of 2 x 100 litre pot size street trees within the road reserve of both Natasha
Avenue and Katharina Street frontages.
d. screening landscaping for the full length of all boundaries including screening plants
which grow to a minimum height of 5m at maturity and provided at maximum 1.5m
centres. The screening plants must have a minimum pot size of 200mm (except where
shown along the driveway from Natasha Avenue, and adjacent to Unit K1 on the
southern boundary).
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21. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
22. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Treatment of Temporarily Vacant Land
23. Where some or all of the land remains vacant or undeveloped for more than 3 months, or
buildings are demolished and redevelopment is delayed for more than 3 months, the
following works must be carried out:
a. the site must be cleared of all rubble, debris and demolition materials
b. erosion and sediment control devices installed
c. the site must be graded to prevent ponding (to the same level as the adjoining footpath
wherever practicable)
d. the site must be maintained to ensure no nuisance to adjacent premises, roads or
footpaths
Community Management Statement
24. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
External Works
25. Natasha Avenue and Katharina Street must be upgraded for the length of its frontages to the
subject site. The works must be undertaken generally in accordance with TOD Consulting’s
plan 21617-SK200, Rev B “Preliminary Design – General Arrangement” and in accordance
with an Operational Works approval and must include in particular:
a. construction of kerb and channelling and underground stormwater drainage to the
development side only;
b. construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice;
c. removal of the existing properties’ accesses and reinstatement of the kerb, footpath
and verge area to match the balance of the site frontage, including the provision of
topsoil and turf where the existing verge is grassed.
Site Access and Driveways
26. Two sealed access driveways must be provided from Natasha Avenue and Katharina Street
to all parking and manoeuvring areas of the development. The works must be undertaken
generally in accordance with TOD Consulting’s plan 21617-SK200, Rev B “Preliminary
Design – General Arrangement” and in accordance with an Operational Works approval and
must include in particular:
a. driveway crossover in accordance with council standard drawings RS-049, RS-050 and
respective addendums.
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Car Parking
27. A minimum of 17 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. one (1) visitor parking spaces within the total, which are clearly marked for that purpose
and accessible at all times for visitor use;
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Pedestrian and Bicycle Facilities
28. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken generally in accordance with TOD Consulting’s plan 21617-SK200, Rev B
“Preliminary Design – General Arrangement” and in accordance with an Operational Works
approval and must include in particular:
a. a 1.5 metre wide concrete footpath within the road verge for the entire length of the
site’s frontage to Natasha Avenue, alignment to be determined at operational works
stage, with consideration given to the existing native trees in the road reserve;
b. a 1.5 metre wide concrete footpath within the road verge for the entire length of
the site’s frontage to Katharina Street.
Stormwater Drainage
29. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken generally in accordance with TOD Consulting’s
plan 21617-SK200, Rev B “Preliminary Design – General Arrangement” and in accordance
with an Operational Works approval.
Services
30. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
31. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
32. 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.
33. 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.
34. 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
35. All excavation, fill and associated batters must be undertaken generally in accordance with
TOD Consulting’s plan 21617-SK100, Rev B “Preliminary Design – Earthworks” and in
accordance with an Operational Works approval, and contained entirely within the subject
site unless written permission from the respective landowner(s) is provided to Council.
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36. 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
37. 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. 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:
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.
Sustainability
3. In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building
design for residential and commercial development. Council encourages the use of
sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems
(including the use of inverter/charges), water saving devices and rainwater harvesting. For
further information go to http://www.noosa.qld.gov.au/sustainable-homes
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Performance Bond
4. Where the works include Council assets (construction of new or modifications to existing) a
portion of the performance bond will be retained as a “maintenance bond” as described in
Council’s Planning Scheme Policy 6 Engineering Design Standards. Alternatively the
developer may submit a separate “maintenance bond” at the completion of the works.
The bond amount will be:
a. 5% of the agreed value of the works or
b. $1500, whichever is the greater amount
Qualified Person
5. For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
current experience in the field of landscape design.
6. For the purpose of preparing an Arborist Report, a qualified person is considered to be a
person with either:
a. ISA certification; or
b. a Diploma of Arboriculture in addition to a minimum of 3 years current experience in
the field of arboriculture.
Co-ordination of Operational Works Assessment
7. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
8. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction;
ii. maintenance of safe pedestrian access for the areas affected by the works during
and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the development;
iv. provision for worker car parking;
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures;
c. works programme identifying key components of the works and their respective
durations;
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic, services and other relevant issues;
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details.
g. identification of complaint management procedures including:
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i. contact details for the on-site manager
ii. dispute resolution procedures
It is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed to
construct the works and a final document will be required to be submitted at the Pre-Start
Meeting for the project.
Infrastructure Charges
9. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Road work, Stormwater, Drainage work,
Earthworks, Landscaping, Signage, Vegetation
Clearing.
Development Permit for Building Works All building work (including demolition)
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 online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Senior Development Planner
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Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 30 August 2022.
• Decision Notice – Minor – MCU21/0231.01 – 12 April 2023, with
an amendment to conditions 2 and 5.
• Decision Notice – Minor – 9 September 2025 – with an amendment
to conditions 2 and 20.
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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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