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22439 DA - Original MCU approval to establish dwelling · 132001.210326.1

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Noosa Council documents




                                                                                                                              Comment [DSP]: Page: 1
                                                Form 6 - Decision Notice                                                      Insert name and address of agency.
                                                                                                                              Comment [DSP]: Page: 1
                                                INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
                                                                                                                              If refused, delete the section headed
                                                                                                                              Referral Agencies
                                                                                                                               Referral Agency           Address
               File No:    22439 DA            Date of Decision:    4 December 2001
                                                                                                                              Comment [DSP]: Page: 1
                                                                                                                              Insert Designer’s
                                                                                                                              Application       Name,
                                                                                                                                          Type and    Plan No.
                                                                                                                                                   Decision    and
                                                                                                                                                            details
           1.        APPLICANT DETAILS                                                                                        Date ofdecided
                                                                                                                              Council Plan. to <
                                                                                                                              applicable codes
               Name:               PAUL CLOUT
                                                                                                                              Comment
                                                                                                                              The developer   mustPage:
                                                                                                                                          [DSP]:    comply 1 with the
                                                                                                                               Insert Yes
                                                                                                                              following    or No
                                                                                                                                        codes      in each column
                                                                                                                                               for self-assessable
               Postal address:     PO BOX 152 NOOSAVILLE QLD 4566                                                             adjacent
                                                                                                                              developmentto each
                                                                                                                                            relatedcategory.
                                                                                                                                                     to the development
                                                                                                                              approved under this Development Permit:-
                                                                                                                              1.      <
               Phone no:           5448.0005              Fax no:     5448.0015              Mobile:   0412 354008
                                                                                                                              SUBMISSIONS
                                                                                                                              Not applicable.
           2.        PROPERTY DESCRIPTION                                                                                     Conditions and insert reasons for
                                                                                                                              refusal.
               Street address:     61 NOOSA SPRINGS DRIVE

               Suburb/locality     NOOSA HEADS

               Real property       LOTS 1 & 2 ON GTP 107028 (LOT 7 MCP 107029) PARISH WEYBA COUNTY MARCH
               description:

           3.        OWNER DETAILS

               Name:               CAPTAIN COOK NOMINEES LIMITED

               Postal address:     P O BOX 31-400 MILFORD AUCKLAND NEW ZEALAND                      Postcode:

           4.        REFERRAL AGENCIES

               Referral Agency           Address                                                    Basis

               Nil

           5.        APPLICATION TYPE

               Development                        Development Details                    Preliminary            Development
                                                                                          Approval                 Permit

               Material Change of Use             Dwelling                                     NO                  YES

           6.        DECISION DETAILS

           Council decided to approve the application and grant a Development Permit, subject to conditions.

           7.        APPLICABLE CODES

           The developer must comply with the following codes for self-assessable development related to the development
           approved under this Development Permit:-
                Not applicable.

           8.        SUBMISSIONS

           Not applicable.

           9.        CONDITIONS

           The approval is subject to conditions. Noosa Council’s conditions are attached.




                                                                                                                              Print Date: 10 October 2024, 10:38 AM
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           NOOSA COUNCIL IDAS Development Application Decision Notice                                                     2


           10.       FURTHER DEVELOPMENT PERMITS REQUIRED                                                                     Comment [DSP]: Page: 2
                                                                                                                              Type name of officer signing
            Type of Development Permit required                     Subject of the required Development Permit

            Building Works                                          Dwelling

           11.       RIGHTS OF APPEAL

           Rights of appeal in relation to this application are attached.

           12.       ASSESSMENT MANAGER

            Name:          Noosa Shire Council          Signature:                                    Date:   5/12/2001




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               NOOSA COUNCIL IDAS Development Application Decision Notice                                                        3




                                                        Noosa Council Conditions
                                                        INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


               1.        Development undertaken in accordance with this approval must generally comply with the approved plans
                         of development. The approved plans are numbered 01, 02 and 05 dated 03/12/01 and 03 dated 10/09/01
                         and 04 dated 29/10/01 prepared by Paul Clout Design and as may be amended by these conditions.

               2.        The internal accessway linking the main dwelling to the guest house is to be constructed and maintained
                         at all times.

               3.        The development must be undertaken and operated in a manner that causes no detrimental effect upon
                         the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
                         emissions.

               4.        Existing trees on the site and within road reserves are to be retained, except where required to be
                         removed due to building operations.

               5.        This Development Permit for a material change of use of premises lapses if:-

               5.1       the use or erection of a building or other structure associated with the use, has not been commenced
                         within four (4) years of the date of issue of the Development Permit, unless application is made and
                         approved by Council for an extension; or

               5.2       the use of any premises pursuant to the Development Permit ceases.




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               NOOSA COUNCIL IDAS Development Application Decision Notice                                                            4



                                                        Local Laws, Policies & State Regulation
                                                        Requirements
                                                        INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


                                                                            Advice
               6.        The guest house is to be utilised by guests of the residents of the dwelling only and shall not be used for a
                         commercial purposes (eg. such as an accommodation unit).




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           NOOSA COUNCIL IDAS Development Application Decision Notice                                                                         5




                                                                 Appeal Rights
                                                                 INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

                The following is an extract from the Integrated                           (6) If an application involves assessment against a
                Planning Act (Chapter 4).                                              concurrence agency code, appeal rights for
                                                                                       submitters for the application are not available against
                Division 8 - Appeals to                   court     relating     to    the part of the approval that represents the
                development applications                                               concurrence agency’s response for the code.
                Appeals by applicants                                                  Appeals by advice agency submitters
                4.1.27.(1) An applicant for a development application                  4.1.29.(1) An advice agency may, within the limits of
                may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
                (a) the refusal, or the refusal in part, of a development              a development approval for a development
                    application;                                                       application if-

                (b) a matter stated in a development approval,                         (a) the development application involves impact
                    including any condition applying to the                                assessment; and
                    development, and the identification of a code                      (b) the advice agency told the applicant and the
                    under section 3.1.6;1                                                  assessment manager to treat its response to the
                (c) the decision to give a preliminary approval when a                     application as a submission for an appeal.
                    development permit was applied for;                                   (2) The appeal must be started within 20 business
                (d) the length of a currency period;                                   days after the day the decision notice or negotiated
                                                                                       decision notice is given to the advice agency as a
                (e) a deemed refusal.                                                  submitter.
                   (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
                be started within 20 business days (the “applicant’s                   (co-respondents)
                appeal period”) after the day the decision notice or
                negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                                       development application, a person to whom any of the
                    (3) An appeal under subsection (1)(e) may be                       following notices have been given may appeal to the
                started at any time after the last day a decision on the               court against the decision in the notice-
                matter should have been made.
                                                                                       (a) a notice giving a decision on a request for
                Appeals by submitters                                                      extension of the currency period for an approval;
                4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
                may appeal to the court about-                                             minor change to an approval.
                (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
                    any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
                    provisions of the approval; or                                     to the person.
                (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                                       approval resulted from a development application
                    (2) The appeal must be started within 20 business
                                                                                       (superseded planning scheme) that was assessed as
                days (the “submitters appeal period”) after the day
                                                                                       if it were an application under a superseded planning
                the decision notice or negotiated decision notice is
                                                                                       scheme.
                given to the submitter.
                                                                                          (4) Also, a person who has made a request
                   (3) If a person withdraws a submission before the
                                                                                       mentioned in subsection (1) may appeal to the court
                application is decided, the person may not appeal the
                                                                                       against a deemed refusal of the request.
                decision.
                                                                                          (5) An appeal under subsection (4) may be started
                   (4) If an application involves both impact
                                                                                       at any time after the last day the decision on the
                assessment and code assessment, appeal rights for
                                                                                       matter should have been made.
                submitters are available only for the part of the
                application involving impact assessment.                               Division 9 - Appeals to court about other matters
                    (5) If an application is processed under section                   Appeals for matters arising after approval given
                6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
                application are available only for the aspects of the
                development that would have required public                            4.1.31.(1) A person to whom any of the following
                notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                                       against the decision in the notice-
                1    Section 3.1.6 (Preliminary approval may override local planning   (a) a notice giving a decision on a request to change
                    instrument)                                                            or cancel a condition of a development approval.


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               NOOSA COUNCIL IDAS Development Application Decision Notice                                       6


               (b) a notice under section 6.1.442 giving a decision to
                   change or cancel a condition of a development
                   approval.
                   (2) The appeal must be started within 20 business
               days after the day the notice of the decision is given
               to the person.
                  (3) Also, a person who has made a request
               mentioned in subsection (1)(a) may appeal to the
               court against a deemed refusal of the request.
                  (4) An appeal under subsection (3) may be started
               at any time after the last day the decision on the
               matter should have been made.
               Appeals against decisions to change approval
               conditions under the repealed Act
               4.1.33A.(1) A person who is dissatisfied with a
               decision made on an application to change the
               conditions attached to an approval given under
               section 2.19(3)or section 4.4 of the repealed Act may
               appeal to the court against-
               (a) the decision; or
               (b) a deemed refusal of the application.
                   (2) An appeal under subsection (1)(a) must be
               started within 20 business days after the day notice of
               the decision is to be given to the person.
                   (3) An appeal under subsection (1)(b) may be
               started at any time after the last day a decision on the
               matter should have been made.
               Appeals against local laws
               4.1.33B.(1) An applicant who is dissatisfied with a
               decision of a local government or the conditions
               applied under a local law about the use of premises or
               the erection of a building or other structure permitted
               by the planning scheme may appeal to the court
               against the decision or the conditions applied.
                   (2) The appeal must be started within 20 business
               days after the day notice of the decision is given to
               the applicant.




               2    Section 6.1.44 (Conditions may be changed or cancelled by
                   assessment manager or concurrence agency in certain
                   circumstances)




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Page 12

Noosa Council documents




               <          PLANNING OFFICER’S (SD) REPORT

                          FILE:                     22439 DA

                          APPLICANT:                Paul Clout Design Pty Ltd

                          OWNER:                    Captain Cook Nominees Limited

                          SITE:                     61 Noosa Springs Drive, Noosa Springs described as Lots 1 &
                                                    2 on GTP 107028 (7MCP107029), Parish of Weyba, County of
                                                    March

                          AREA:                     2252 m²

                          PROPOSAL:                 Material Change of Use (Dwelling)

                          RECEIVED:                 2 November 2001

                          ZONE:                     Special Facilities (Tourist Resort Complex as shown on Plan of
                                                    Development 390-PD3)

                          FEES PAID                 $182.50

               1     PROPOSAL
               This application seeks to locate a dwelling house at 61 Noosa Springs Drive, Noosa Springs
               described as Lots 1 and 2 on GTP 107028 (7MCP107029), Parish of Weyba. The subject site
               is located within Precinct D of the Noosa Springs Estate known as “The Palms”, which forms
               part of Plan of Development No. 39.
               Pursuant to Plan of Development No. 39, dwelling houses in Precinct D are code assessable,
               and as such require assessment by Council. A number of criteria are detailed on the Plan of
               Development No. 39, and in the relevant approvals for rezoning and lot reconfiguration over
               the site, which are to be used in assessing development in Precinct D. These criteria are
               addressed in Section 2 Assessment below.
               2     ASSESSMENT
               2.1   PLAN OF DEVELOPMENT
               The site is included within Precinct D under the Plan of Development approved for the site.
               The following table details the plan of development requirements for dwelling houses in
               Precinct D:-

                                                           Plan of Development Criteria                      Complying/Non-
                                                                                                               complying
               Building Height                        2 storeys and 8 metres                                       
               Special Condition for                  All buildings in Precinct D2 shall be                        
               Buildings in Precinct D2               developed in locations clear of the
                                                      escarpment to the south.




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               2.2   CONDITIONS OF APPROVAL
               Condition 9 of the Development Approval for Reconfiguration of Lot at Noosa Springs
               situated at None Noosa Springs Drive described as Lot 4 on SP 103605, referred to as
               Precinct D - The Palms, Parish of Weyba requires:
                                                                                                             Compliance/Non-
                                                                                                               compliance
                                                                                                                   
               1.    All residential buildings on Lots 39 to 55 on plans GTP-D-PALMS-
                     1A and GTP-D-PALMS-2A, dated 17.1.2000, by Noosa Mapping &
                     Surveys Pty Ltd (Attachment 1) shall be set back a minimum of 6
                     metres from the common boundary of the lot and the fire access
                     reserve required by Condition 8, generally to the south-west. All
                     fences and pools shall be set back a minimum of 2 metres from the
                     common boundary. Development Control By-laws under the Mixed
                     Use Development Scheme are to contain provisions that comply with
                     this minimum standard.

               2.3   ARCHITECTURAL REPORT
               It is envisaged that no two buildings in close proximity to each other will look alike.
               Emphasis will be placed on changes in form, materials, textures and colours.
               2.4   LANDSCAPING REPORT
               The landscaping report does not require that an application for operational works
               (landscaping) be submitted to Council for assessment for individual dwelling units in Precinct
               D of Noosa Springs. The developer is to encourage residential owners to adopt a planting
               scheme sympathetic to the philosophy of the landscape report. To this end, landscaping is to
               be characteristic of the predominant lush bushland character of adjacent areas. Accordingly,
               plants may be chosen of different colour or characteristics which supplement the predominant
               vegetation pattern in the area.

               RECOMMENDATION

               With regard to 22439 DA (Paul Clout Design Pty Ltd) for a Material Change of Use of
               Premises for a Dwelling at 61 Noosa Springs Drive, Noosa Springs described as Lots 1 & 2
               on GTP 107028 (7MCP107029), Parish of Weyba, Council approve the application and grant
               a Development Permit, subject to the following conditions:-
               1.    Development undertaken in accordance with this approval must generally comply with
                     the approved plans of development. The approved plans are numbered 01, 02 and 05
                     dated 03/12/01 and 03 dated 10/09/01 and 04 dated 29/10/01 prepared by Paul Clout
                     Design and as may be amended by these conditions.
               2.    The internal accessway linking the main dwelling to the guest house is to be constructed
                     and maintained at all times.
               3.    The development must be undertaken and operated in a manner that causes no
                     detrimental effect upon the amenity of the neighbourhood by reason of the creation of
                     excessive noise, lighting nuisance or other emissions.
               4.    Existing trees on the site and within road reserves are to be retained, except where
                     required to be removed due to building operations.


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               5.       This Development Permit for a material change of use of premises lapses if:-
               5.1      the use or erection of a building or other structure associated with the use, has not been
                        commenced within four (4) years of the date of issue of the Development Permit, unless
                        application is made and approved by Council for an extension; or
               5.2      the use of any premises pursuant to the Development Permit ceases.
               Advice Conditions
               1.       The guest house is to be utilised by guests of the residents of the dwelling only and shall
                        not be used for a commercial purposes (eg. such as an accommodation unit).
               Further Development Permits Required
               2.       Prior to the commencement of development, the following Development Permits must
                        be obtained:-
               2.1      Development Permit for building works;
               Directorates/Sections Consulted:
                     Business                     Corporate Services          Community Services        X    Environ & Planning
                     Aquatic Centre               Financial Services          Art Gallery                    Building Services
                     Building Certific.Group      Information Services        Enterprise Group               Environmental Services
                     Child Care Centre            Legal Services              Environmental Health           Land Development
                     Council Laboratory           Planning & Support          Library                   X    Land Use
                     Leisure Centre               Revenue Services            Public Order and Safety        Plumbing Services
                     Water & Sewerage                                         Recreational Services          Strategic Planning
                                                                              Respite Centre
                     Works                        Human Resources             Exec. & Secretariat
                     Design
                     Survey
                     Works Administration
                     Works Implementation
                     Works Planning
                     Works Support




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                                                                                                               Print Date: 10 October 2024, 10:38 AM

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