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22439 DA - Original MCU approval to establish dwelling · 132001.210326.1
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.
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Noosa Council documents
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 documents
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 documents
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 documents
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 documents
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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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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Noosa Council documents
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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Noosa Council documents
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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