Council archive · source document
AS PUBLISHED Minor Change Existing Approval 51983 3225 19 (1) · 51983.3225.19
Officer: Tara Norley
Direct Telephone: 07 53296414
Our Reference: 51983.3225.19
Your Reference: 0545
1 November 2024
Ms AL Payne
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 21 September 2023, 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: 51983.3225.19
Street address: The Hastings 22/30 Hastings St Noosa Heads Qld 4567
Real property description: Lot 22 GTP 1154
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued October 1983
• Town Planning Consent Permit for Multiple Dwellings – 25 Units and 8 Shops
In relation to the request to make a minor change to the existing approval, Council on 30 October
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 2.
C. Include additional conditions 57-65.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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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, prepared by Date
No.1 Perspectives & Notes, prepared by Accolade Building 22/07/2014
Designs
No.3 Ground Floor & 1st Level, prepared by Accolade 22/07/2014
Building Designs
No.4 Elevations, prepared by Accolade Building Designs 22/07/2014
Approved Plans - October 2015
Plan No. Rev. Plan, prepared by Date
DA 3001 A Site Plan, prepared by Peter Hull Architect Sept 15
DA 3002 B Floor Plans, prepared by Peter Hull Architect Sept 15
DA 3004 A Ground Floor and Carport Plan, prepared by Peter Sept 15
Hull Architect
DA 4001 B Sections, prepared by Peter Hull Architect Sept 15
DA 5001 B Elevations, prepared by Peter Hull Architect Sept 15
Approved Plans – March 2016
Plan No. Rev. Plan, prepared by Date
GRND FLR – Proposed (Unit 14), prepared by LPID 14/10/2015
Elevation (Unit 14) – East Facing (Street Frontage), 14/10/2015
prepared by LPID
Elevation – North Facing (Unit 14), prepared by LPID 14/10/2015
Elevation – South Facing (Unit 14), prepared by LPID 14/10/2015
Elevation – West Facing (Unit 14), prepared by LPID 14/10/2015
3D Views – Exterior (Unit 14), prepared by LPID 14/10/2015
GRND FLR – Proposed (Unit 25), prepared by LPID 14/10/2015
Elevation (Unit 25) – South View, prepared by LPID 14/10/2015
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Elevation – East (Unit 25), prepared by LPID 14/10/2015
Elevation – West (Unit 25), prepared by LPID 14/10/2015
Elevation – North (Unit 25), prepared by LPID 14/10/2015
3D Views – Exterior (Unit 25), prepared by LPID 14/10/2015
Approved plans – May 2016
Plan No. Rev. Plan, prepared by Date
DA.01 B Location Plan prepared by Bark Design Architects 26/02/2016
DA.02 C Site Plan prepared by Bark Design Architects 23/02/2016
DA.04 C Ground Floor Plan prepared by Bark Design 23/02/2016
Architects
DA.05 C First Floor Plan prepared by Bark Design Architects 23/02/2016
DA.06 C Second Floor Plan prepared by Bark Design 23/02/2016
Architects
DA.07 C Roof Terrace Plan prepared by Bark Design 23/02/2016
Architects
DA.11 B South Elevation prepared by Bark Design Architects 26/02/2016
DA.12 B East Elevation prepared by Bark Design Architects 26/02/2016
DA.13 B North Elevation prepared by Bark Design Architects 26/02/2016
DA.14 B West Elevation prepared by Bark Design Architects 26/02/2016
Approved plans – March 2017 Unit 20
Plan No. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building Designs 23 March 2017
Sheet 1
1016HMK Floor Plans, prepared by Accolade Building Designs 23 March 2017
Sheet 2
1016HMK Ground Floor plan, prepared by Accolade Building 23 March 2017
Sheet 3 Designs
1016HMK Elevations, prepared by Accolade Building Designs 23 March 2017
Sheet 4
Approved plans – April 2017 Unit 13
Plan, prepared by Date
Site plan, prepared by Mandy’s Design and Drafting March 2017
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Proposed floor plan, prepared by Mandy’s Design and Drafting March 2017
Elevations, prepared by Mandy’s Design and Drafting March 2017
Approved plans – August 2017 Unit 20 (51983.3225.09)
Plan No. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building Designs 23 March 2017
Sheet 1
1016HMK Floor Plans, prepared by Accolade Building Designs 23 March 2017
Sheet 2
1016HMK Ground Floor plan, prepared by Accolade Building 23 March 2017
Sheet 3 Designs
1016HMK Elevations, prepared by Accolade Building Designs 23 March 2017
Sheet 4
Approved plans – August 2017 Unit 5 (51983.3225.10)
Plan No. Plan, prepared by Date
Sheet 1 of Site Plan, prepared by Mandy’s Design and Drafting July 2017
4 Issue A
Sheet 2 of Existing Floor Plans, prepared by Mandy’s Design and July 2017
4 Issue A Drafting
Sheet 3 of Proposed floor plan, prepared by Mandy’s Design and July 2017
4 Issue A Drafting
Sheet 4 of Elevations, prepared by Mandy’s Design and Drafting July 2017
4 Issue A
Approved Plans – April 2018 Unit 21 (51983.3225.11)
Plan No. Plan, prepared by Date
Sheet 1 of Proposed Partial Enclosure of Ground Level Under 26/04/2018
6 Existing Unit, prepared by Accolade Building Designs
Sheet 2 of Proposed Partial Enclosure of Ground Level Under 26/04/2018
6 Existing Unit, prepared by Accolade Building Designs
Sheet 3 of Proposed Partial Enclosure of Ground Level Under 26/04/2018
6 Existing Unit (floor plans), prepared by Accolade Building
Designs
Sheet 4 of Proposed Partial Enclosure of Ground Level Under 26/04/2018
6 Existing Unit (elevations), prepared by Accolade Building
Designs
Approved Plans – 1 August 2022 Unit 17 (51983.3225.15)
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Plan No. Plan, prepared by Date
Sheet 01, Site Location, Site Plan & Floor Plans, prepared by June 2022
Issue H Innovate Architects
Sheet 02, Elevations, Section & External Finishes Schedule, June 2022
Issue H prepared by Innovate Architects
Sheet 07 Perspectives, prepared by Innovate Architects June 2022
Issue H
Approved Plans – March 2020 Unit 19 ((51983.3225.13)
Plan No. Plan, prepared by Date
A01 Site Location, Site Plan & Calculations, prepared by Lisa 22 January 2021
Page
A02 Ground Floor Plan – with proposed alterations, prepared 22 January 2021
by Lisa Page
A03 Level 1 Floor Plan, prepared by Lisa Page 22 January 2021
A04 Level 2 Floor Plan, prepared by Lisa Page 22 January 2021
A05 Level 3 Terrace, prepared by Lisa Page 22 January 2021
A06 Elevations Views: North & South facing, prepared by Lisa 22 January 2021
Page (as annotated by Council)
A07 Elevations Views: East & West facing, prepared by Lisa 22 January 2021
Page (as annotated by Council)
A08 Perspective view, Terrace level, prepared by Lisa Page 22 January 2021
A09 Perspective views: south, west, north facing, prepared by 22 January 2021
Lisa Page
A10 Perspective views: south/east/north views, prepared by 22 January 2021
Lisa Page
A11 Section view-east facing, prepared by Lisa Page 22 January 2021
A12 External Material Finishes Palette 22 January 2021
by Lisa Page
- Landscape Concept Design document including site plan -
and perspective, cross sections, look and feel and design,
prepared by Louise Custance
Approved Plans – July 2022 Units 9-10 (Lot 30 SP307674) (51983.3225.14)
Plan No. Plan, prepared by Date
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SK 002 Proposed Holyman Unit 3D perspectives, prepared by N/D
Gerard Smith Design
Iss SK2
SK 101 Site Plan, prepared by Gerard Smith Design May 2022
Iss SK2
SK 102 Setback Plan & Vehicle Manoeuvring Plan, prepared by May 2022
Gerard Smith Design
Iss SK2
SK 201 Floor Plan – All Levels, prepared by Gerard Smith Design May 2022
Iss SK2
SK 401 Elevations – Sheet 1, prepared by Gerard Smith Design May 2022
Iss SK2
SK 501 Cross Sections – Sheet 1, prepared by Gerard Smith May 2022
Design
Iss SK2
SK 951 Overviewing Diagrams – Level 1, prepared by Gerard May 2022
Smith Design
Iss SK2
SK 952 Overviewing Diagrams – Level 2, prepared by Gerard May 2022
Smith Design
Iss SK2
Approved Plans – 16 November 2023 (Lot 3 GTP 1154) (51983.3225.16)
Plan No. Plan, prepared by Date
DA012 Proposed Plan – Ground, prepared by GT Group Building 30 June 2023
Rev A Design
DA013 Proposed Plan – Level 1, prepared by GT Group Building 30 June 2023
Rev A Design
DA014 Proposed Plan – Level 2, prepared by GT Group Building 30 June 2023
Rev A Design
DA015 Proposed Plan – Level 3, prepared by GT Group Building 30 June 2023
Rev A Design
As Annotated by Council
DA016 Proposed Plan – Rooftop, prepared by GT Group Building 30 June 2023
Rev A Design
As Annotated by Council
DA017 Eastern and Northern Elevation, prepared by GT Group 30 June 2023
Rev A Building Design
As Annotated by Council
DA018 Western and Southern Elevations, prepared by GT Group 30 June 2023
Rev A Building Design
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As Annotated by Council
DA019 Building Section A, prepared by GT Group Building 30 June 2023
Rev A Design
As Annotated by Council
DA020 Building Section A, prepared by GT Group Building 30 June 2023
Rev A Design
As Annotated by Council
A101 Site Plan, prepared by Earth Creation Landscapes 4 Sept 2023
Rev A
A102 Planting Plan / Schedule, prepared by Earth Creation 4 Sept 2023
Rev A Landscapes
Approved Plans – 27 November 2023 (Lot 2 GTP 1154) (51983.3225.17)
Plan No. Rev. Plan, prepared by Date
22048 A Proposed Plan – Ground, prepared by GT Group 04/07/2023
DA012 Building Design
22048 A Proposed Plan – Level 1, prepared by GT Group 04/07/2023
DA013 Building Design
22048 A Proposed Plan – Level 2, prepared by GT Group 04/07/2023
DA014 Building Design
22048 A Proposed Plan – Level 3, prepared by GT Group 04/07/2023
DA015 Building Design
22048 A Proposed Plan – Rooftop, prepared by GT Group 04/07/2023
DA016 Building Design
22048 A Eastern and Northern Elevation, prepared by GT 04/07/2023
DA017 Group Building Design
22048 A Western and Southern Elevations, prepared by GT 04/07/2023
DA018 Group Building Design
22048 B Detail Sections A and B, prepared by GT Group 13/09/2023
A300 Building Design
Approved Plans – 30 October 2024 (Lot 22 GTP 1154) (51983.3225.19)
Plan No. Rev. Plan/Document Name Date
SD1.1 A Site Plan prepared by Sparks Architects 31.07.2023
SD1.2 A Ground Floor Plan prepared by Sparks Architects 31.07.2023
SD1.3 A Level 1 Floor Plan prepared by Sparks Architects 31.07.2023
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SD1.4 A Level 2 Floor Plan prepared by Sparks Architects 31.07.2023
SD1.5 A Level 3 Floor Plan prepared by Sparks Architects 31.07.2023
SD1.6 A Roof Level Plan prepared by Sparks Architects 31.07.2023
SD1.7 A North Elevation prepared by Sparks Architects 31.07.2023
SD1.8 A East Elevation prepared by Sparks Architects 31.07.2023
SD1.9 A South Elevation prepared by Sparks Architects 31.07.2023
SD1.10 A West Elevation prepared by Sparks Architects 31.07.2023
SD1.11 A Section A prepared by Sparks Architects 31.07.2023
SD1.12 A Section B prepared by Sparks Architects 31.07.2023
SD1.13 A Section C prepared by Sparks Architects 31.07.2023
3 Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
Construction Management Plan & Pre-Start Meeting
4 A Construction Management Plan must be submitted to and approved by Council prior to
obtaining a building approval and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including.
i. Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction.
ii. Maintenance of safe and unobstructed access across the frontage of the site for
pedestrians and vehicles both during daily construction and after daily
construction has ceased.
iii. Parking arrangements, number, and locations for vehicles associated with the
proposed construction works that need to be onsite or in proximity to the site at
any time during the phases of the construction works. Where relevant, time slots
and off-peak hours should be indicated. All efforts must be made to prevent or
minimise adverse impact on public parking availability in the local area.
b. Works programme identifying key components of the works and their respective
durations.
c. Written confirmation from the Body Cooperate accepting the use of the common
property for activities associated with the construction works as identified in the final
Construction Management Plan and the Traffic Management Plan.
d. Proposed fencing to the site during the construction phase of the development.
e. Protection fencing for existing landscaping and trees in proximity to the work activities.
f. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures to prevent silt and contaminants from entering existing stormwater
system.
g. 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 and services and other relevant issues.
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h. identification of complaint management procedures including:
i. Contact details for the on-site manager.
ii. Dispute resolution procedures.
5 Council must be contacted at least 5 working days prior to any works commencing to
organise a pre-start meeting. The contact number to arrange a pre-start meeting is Diogo
Carrico on ph.53296465. The pre-start meeting must include:
a. The relevant parties for any Civil Engineering and Building works.
b. A representative of the Body Corporate.
The applicant must provide copies of the approved construction and traffic
management plans for the attendees at the prestart meeting.
Frontage Condition Report
6 A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting and prior to any works commencing.
General Requirements
7 Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
8 The developer must meet any costs to repair damage to any Council asset during
construction where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
Performance Bond
9 Deleted.
Performance Bond
10 Security in the form of a cash bond or trading bank guarantee to the sum of $4000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building Works. The cash bond or trading bank guarantee
will be returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right to call
upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
11 All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible externally from adjoining land uses.
Privacy – Unit 17
12 To ensure privacy is protected between adjoining units, the kitchen window located on Level
1 must either:
a. have a minimum window sill height or 1.7 metres above floor level; or
b. be fitted with opaque glazing.
13 The balcony located on Level 1 and the roof top terrace must include either balustrading or
fixed external screens, positioned in such a way to obscure direct views into the habitable
room windows or private open space areas of the adjoining units.
Noise
14 Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning
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• 7am to 10pm: Maximum level allowable = background + 5dB(A)
• 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps/spa equipment
• 7am to 7pm: Maximum level allowable = background + 5dB(A)
• 7pm to 10pm: Maximum level allowable = background + 3dB(A)
• 10pm to 7am: No audible noise.
15 The certification must be submitted to Council at the completion of the building works, which
certifies that operational noise from any fixed plant and equipment complies with the
requirements of this Decision Notice.
Landscaping Works
16 The Cocos palm on Lot 17 must be removed prior to construction works commencing on site.
17 The Hills Fig tree on Lot 17 may be removed as part of preparing the site for construction.
18. The development site must be landscaped generally in accordance with Planning Scheme
Policy PSP03 – Landscaping Plants and guidelines and the following requirements:
a. Lot 17 - 2 x 45L Small Leaf Lilly Pilly’s (Syzygium luehmannii) planted in the general
location of the vegetation approved for removal.
b. Lot 17-3 x 45L trees listed in the PSP03 suitable for the Noosa Heads locality must be
planted between the building and the northern boundary and north western corner of
Lot 17 that grow to a maximum height of 7 metres.
c. Lot 19 - the works as generally shown on the approved Landscape concept plan as
prepared by Louise Custance except for the usage of exotic species and include 2
advanced local native tree species in a pot size of no less than 45L that grow to a
maximum height of 7 metres.
d. Lot 19 – Landscaping must be provided between the building and western boundary
that grow (on average) to a maximum height of 5 metres in order to soften the built
form where viewed from the west.
19. 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.
20. Landscape works must be completed prior to the commencement of the approval use.
21. Vegetation to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
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.
Damage to Services and Assets
22. 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.
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Flood
23. In response to the potential flood risks, material and surface treatments below the defined
flood event must be resilient to water damage and do not include wall cavities that are
susceptible to the intrusion of water.
24. No habitable rooms are to be located on the ground floor.
Demolition
25. Security to the value of $5,000 must be provided to Council’s Building and Plumbing Services
prior to the issue of the Development Approval for Building Works – demolition of Unit 17 &
19. The security must be in the form of a cash bond or bank guarantee, for security against
satisfactory completion of works.
26. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways at the removal site, the new site or between the sites must be repaired
or reinstated to at least pre-existing conditions.
27. All waste materials are removed from site.
28. Litter, erosion and sediment control measures are to be installed and/or maintained until soils
are stabilised by vegetation or sealed. NB: 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).
29. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
30. 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.
31. 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. NB: Asbestos is a Regulated Waste. The Department of Environment &
Science licenses businesses that transport asbestos waste, and landfills that accept this
waste.
32. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging are removed from the building prior to demolition/relocation.
33. It is a requirement of the ‘Plumbing and Drainage Regulation 2019’ that at demolition of a
building classed 1-10, 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 shall 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.
Special conditions relating to the redevelopment of Unit 19 only – 4 March 2021
34. The Level 1 balcony is to be setback 0.5 metres from the western boundary and 3.5 metres
from the northern boundary.
35. All parts of the building must be wholly contained within Lot 19 with the exception of
structures in the exclusive use area as stipulated by the Community Management Statement
for the site.
36. The storage room on the ground level is not to be used as a bedroom or as any other
habitable room.
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Additional Conditions specific for Lot 30 (and the use of Lots 7 & 11 for construction and
access) – 21 October 2021
Performance Bond - Planning
37. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, specifically
for Lot 30, prior to the issue of a Development Permit for Building Works. The cash bond or
trading bank guarantee will be returned on performance of the conditions of approval less
any costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
Performance Bond – Demolition
38. Security to the value of $10,000 must be provided to Council’s Building and Plumbing
Services prior to the issue of the development approval for building works (demolition). The
security must be in the form of a cash bond or bank guarantee, for security against
satisfactory completion of works.
Landscaping
39. The development site must be landscaped generally in accordance with the approved plans
and Planning Scheme Policy PSP2 – Landscaping, and the following requirements:
a. A minimum of a 1m wide garden with dense landscaping must be provided to the north,
south and western boundaries within Lot 30.
b. The 1m wide garden must consist of 45 litre pot size native trees planted at 1.5m
centres. Include 1 x 100 litre pot size tree to be planted in each of the following
locations:
i. south east corner; and
ii. half way along the southern boundary; and
iii. to the west of the visitor car space where the lot dog legs.
c. The plantings must grow to an average minimum height of 10m and be suitable native
species for the urban surroundings such as Syzygium, Elaeocarpus, Acronychia.
d. 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.
e. Landscape works must be completed prior to the commencement of the use of Lot 30.
40. The Fig tree, Umbrella, Exotic and Palm trees as shown on Plan No. 18-4767AA prepared
by Max Watterson & Associates may be removed within the lot as part of preparing the site
for construction.
41. Any vegetation to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape;
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; and
d. using low impact construction techniques around vegetation.
Privacy
42. The level 1 and level 2 operable timber privacy screens when fully extended must not cover
more than 50% of each of the balconies. The privacy screens on Level 3 must be a minimum
height of 1.7m above the FFL.
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43. The balcony located on Level 2 and the roof top terrace must include balustrading (set back
as shown on the approved plans), and fixed external screens (where appropriate), positioned
in such a way to obscure direct views into the habitable room windows or private open space
areas of the adjoining units.
Building Appearance
44. The building must be constructed to be generally in accordance with the material and colour
palette as shown on Plan no. SD.102, Issue P2 and prepared by Gerard Smith Design.
Additional Conditions specific for Lot 3 GTP 1154 – 16 November 2023
Performance Bond - Planning
45. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, specifically
for Lot 3, prior to the issue of a Development Permit for Building Works. The cash bond or
trading bank guarantee will be returned on performance of the conditions of approval less
any costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
Landscaping
46. The development site must be landscaped generally in accordance with the approved plans
of 16 November prepared by Earth Creation Landscapes and Planning Scheme Policy PSP2
– Landscaping.
47. 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.
48. All planting areas on the rooftop must be planted and maintained at all times, with
replacement planting undertaken promptly where plants fail or do not have a healthy and
vigorous growth.
49. Any vegetation to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape;
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; and
d. using low impact construction techniques around vegetation.
Nature of Approved Use
50. The building must be used as one dwelling only, with Levels not permitted to be occupied/let
separately. The door between the stairwell and family room is not permitted to be installed
with the entry/exit area to the stairwell to remain open at all times.
51. The rooftop arbour frame shown on the plans of development is not approved and must not
be constructed.
Additional Conditions specific for Lot 2 GTP 1154 – 27 November 2023
Performance Bond - Planning
52. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, specifically
for Lot 2, prior to the issue of a Development Permit for Building Works. The cash bond or
trading bank guarantee will be returned on performance of the conditions of approval less
any costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
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Landscaping
53. The development site must be landscaped generally in accordance with the approved plans
approved under OPW22/0022 – Development Permit for Operational Works – Landscaping,
issued on 25 May 2022.
54. 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.
55. Any planting areas above ground level must be planted and maintained at all times, with
replacement planting undertaken promptly where plants fail or do not have a healthy and
vigorous growth.
56. Any vegetation to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape;
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; and
d. using low impact construction techniques around vegetation.
Additional Conditions specific for Lot 22 GTP1154 (51983.3225.19) - 30 October 2024
Performance Bond - Planning
57. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, specifically
for Lot 22, prior to the issue of a Development Permit for Building Works. The cash bond or
trading bank guarantee will be returned on performance of the conditions of approval less
any costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
Protection of Privacy
58. To ensure privacy is protected between adjoining properties, the windows located on the
southern and western facades of Level 1, Level 2 and Level 3 of the dwelling, if/where
overlooking habitable windows or private open space of the dwelling on Lot 21, must either:
a. have a minimum window sill height or 1.7 metres above floor level; or
b. be fitted with translucent glazing; or
c. be fitted with a fixed external screen.
59. To ensure privacy is protected between adjoining properties, the windows located on the
eastern facade of Level 1, Level 2 and Level 3 of the dwelling, if/where overlooking habitable
windows or private open space on the adjoining development to the east, must either:
a. have a minimum window sill height or 1.7 metres above floor level; or
b. be fitted with translucent glazing; or
c. be fitted with a fixed external screen.
60. The Level 3 balcony located on the western building façade must include either balustrading
or fixed external screens, positioned in such a way to obscure direct views into the habitable
room windows or private open space areas of the dwelling on Lot 21. Any fixed external
screen(s) must not extend more than 50% of the length of the balcony.
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Roof Terrace
61. The Roof Level must remain unenclosed and unroofed.
Landscaping
62. The development site must be landscaped generally in accordance with the approved plans
approved under OPW22/0022 – Development Permit for Operational Works – Landscaping,
issued on 25 May 2022.
63. 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.
64. Any planting areas above ground level must be planted and maintained at all times, with
replacement planting undertaken promptly where plants fail or do not have a healthy and
vigorous growth.
65. Any vegetation to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape;
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; and
d. using low impact construction techniques around vegetation.
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 https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
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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Demolition
4. The lodgement of security will attract a separate administration fee which must be paid at the
time of lodgement of the security.
Upon completion of the demolition works, the release of the security will be subject to the
following:
• Satisfactory final site inspection by Council;
• Confirmation that all relevant conditions have been met;
• Receipt of the compliance certificate for the final stage of building work (e.g. Form 21
Final Inspection Certificate); and
• Receipt of the Form 4 (Notifiable Works Form).
Performance Bond Agreement
5. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
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 Building Works All Building Works
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
Tara Norley
Senior Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
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DECISION NOTICE HISTORY
• Original Decision Notice – October 1983
• Decision Notice – Change to existing approval - 15 June 2006 - with additional conditions
• Decision Notice – Change to existing approval - 11 November 2014 - with additional conditions
• Decision Notice – Change to existing approval - 12 October 2015 - with change to condition 2.
• Decision Notice – Change to existing approval - 17 March 2016 - with change to condition 2.
• Decision Notice – Change to existing approval - 12 May 2016 - with change to DA (redevelopment of Unit 15).- include additional
conditions 6-15.
• Decision Notice – Change to existing approval - 29 March 2017 - with change to condition 2 (Unit 20).
• Decision Notice – Change to existing approval –5 April 2017 - with change to condition 2, in relation to a condition placed on 5 April
2017 approval incorrectly (Unit 13) and agree to remove condition 9 on 10 May 2017
• Decision Notice – Change to existing approval –1 August 2017 - with change to condition 2 (Unit 20 & Unit 5)
• Decision Notice - Minor – 51983.3225.11 – 27 April 2018 - with an amendment to condition 2 (Unit 21).
• Decision Notice - Minor – 51983.3225.12 – 19 November 2020 - with an amendment to condition 2 (Unit 17), with additional
conditions 10-33.
• Decision Notice - Minor – 51983.3225.13 – 4 March 2021 - with an amendment to condition 2 (Unit 19) & 18, admin amendments
to conditions 16, 17 & 18 with additional conditions 34, 35 & 36 (Unit 19)
• Decision Notice – Other Change – 51983.3225.14 – 21 October 2021 – amend condition 1, include additional conditions 37-44;
amend existing condition 25; include an administrative amendment to existing conditions 12 & 13
• Decision Notice – Minor – 51983.3225.15 – 1 August 2022; amend condition 1
• Decision Notice – Minor – 51983.3225.16 – 13 November 2023, with an amendment to conditions 1 & 2 and additional conditions
45, 46, 47, 48, 49 50 & 51.
• Decision Notice – Minor – 51983.3225.17 – 27 November 2023, with an amendment to condition 2 and additional conditions 52, 53,
54, 55 & 56.
• Decision Notice – Minor – 51983.3225.19 – 30 October 2024; with an amendment to condition 2; include additional conditions 57-
65.
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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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Document Set ID: 23327583
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