Changed Approval MCU15/0070.01

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	MCU15/0070.01
Your Reference:	N/A
20 May 2016

J & N Jamieson
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD   4567

Dear Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval. On 19 May 2016, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	MCU15/0070.01 & MCU15/0070
Street Address:	38 Park Crescent, Sunshine Beach Qld  4567
Real Property Description:	Lot 598 RP 48112
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 22 October 2015 issued the following type of approval:
Preliminary Approval for Material Change of Use of Premises - Detached House
In relation to the applicant’s representations to conditions of the approval, Council on 17 November 2015 decided to:
A.	Change the approval type to a Development Permit for Material Change of Use of Premises - Detached House
B.	Delete Condition 1
C.	Approve a change to condition 3.
In relation to the request to make a change to the existing approval, Council on 19 May 2016 decided to approve the request in accordance with the following:
A.	Agree to Amend Condition 3.
B.	Agree to delete Condition 8.
C.	Change Condition 11.

relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Negotiated Decision dated 22 October 2015, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
PLANNING
Preliminary Approval
Deleted.
When Conditions must be Complied With
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
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans listed in the following table and may be further amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
TP01	B	Cover Sheet and Site Plan, prepared by NOF Architects	27/04/16
TP02	B	Ground Floor Level, prepared by NOF Architects	27/04/16
TP03	B	Lower Floor Level, prepared by NOF Architects	27/04/16
TP04	B	Rumpus Level, prepared by NOF Architects	27/04/16
TP05	B	Roof Level, prepared by NOF Architects	27/04/16
TP06	B	North East Elevation, prepared by NOF Architects	27/04/16
TP07	B	North West Elevation, prepared by NOF Architects	27/04/16
TP08	B	South East Elevation, prepared by NOF Architects	27/04/16
TP09	B	South West Elevation, prepared by NOF Architects	27/04/16
TP10	B	Section A, prepared by NOF Architects	27/04/16
TP12	B	3D View, prepared by NOF Architects	27/04/16
Building Height
The maximum height of the development must not exceed 12 metres above the finished ground level and the natural ground surface and 3 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
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, 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.
Privacy
A screening device must be erected for the full length of the southern side of the Ground Floor Deck. The screening device must be of a height to maintain neighbouring residents’ amenity.
Landscaping
Deleted.
A minimum of 20% of the site must be retained as soft landscaping.
Screening vegetation must be planted for the full length of both side boundaries in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 8 metres and a maximum spacing of 2 metre centres.
A mix of native landscaping including ground covers, shrubs and trees must be provided for minimum width of 5m from the rear boundary (adjoining the pathway). Landscaping must be in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
Coastal Protection
External colours and finishes of the building must comprise muted/environmental tones that blend with the natural environment.
ENGINEERING
Property Access and Driveways
A sealed access driveway must be provided from Park Crescent to the proposed carparking. The driveway must be designed and constructed in accordance with Council’s standards drawing SEQ R-050 and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  Should any driveways be constructed to grades that do not comply with Council’s standard drawing SEQ R-050 and AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Stormwater Drainage
Stormwater runoff from the development must be either discharged to Council’s existing kerb and channel in Park Crescent and/or disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the submitted Geotechnical Investigation prepared by Soil Surveys, Project No.115-17158 dated April 2015.
Certification must be submitted to Council which certifies that the development has been constructed in accordance with the recommendations contained in the submitted Geotechnical Investigation prepared by Soil Surveys Project No.115-17158 dated April 2015 and that the development has a minimum factor of safety against landslip of 1.5 in the long term. All certification must be prepared by a Geotechnical Engineer and must be addressed to Noosa Council. Where a member of an engineering company, certification must be by the engineering company or an appropriate officer or employee of the engineering company on behalf of the company
Earthworks and Retaining Walls
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
The use of vibratory equipment of any kind is not permitted to be used (including vibrating rollers and the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques) unless approved and supervised by a Certified Geotechnical Engineer.  Under such circumstances the operator of such equipment must at all times comply with the directions of the Geotechnical Engineer.
The excavation of the site and the construction of the proposed works must not have any adverse effects on the stability of adjoining buildings and/or structures and/or services and/or lands. In this respect, a Registered Professional Engineer Queensland must supervise the excavation of the site and the construction of the new works to determine whether any additional measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
referral agencies
Not Applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years’ experience in the field of geotechnical engineering or engineering geology.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works (All building works)
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Detached House Driveways Code
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
DECISION NOTICE HISTORY Original Decision Notice - Preliminary Approval - 22 October 201 Negotiated Decision Notice – Development Permit - 17 November 2015, with the deletion of Condition 1 and an amendment to condition3. Changes to an Existing Approval – 19 May 2016, with an amendment to conditions 3 & 11 and the deletion of condition 8.

Yours faithfully

Kerri Coyle
Manager – Planning & Environment

Encl. 	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 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.

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PO Box 141		P. (07) 5329 6500	[email protected]	
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