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Decision Notice - Negotiated - DBW23 0093 [As Published] · DBW23/0093

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                                                                               Officer:            Samuel Osakwe
                                                                               Direct Telephone:   07 5329 6316
                                                                               Our Reference:      DBW23/0093
                                                                               Your Reference:     n/a

               25 January 2024


               CTC Blue TTE & M Blue
               C/- Brennan Planning Pty Ltd
               44 Maple St
               COOROY QLD 4563
               [email protected]



               Dear Sir/Madam,
                                              Negotiated Decision Notice
                                                      Planning Act 2016

               I refer to your application and the representations you made in respect to the decision notice. On
               24 January 2024, Council decided your representations. This negotiated decision notice replaces
               the decision notice of 28 November 2023.
               Details of the negotiated decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:          DBW23/0093

                   Street address:          29 Adams Street, Sunshine Beach

                   Real property description: Lot 535 RP 48112

                   Planning Scheme:         Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council on 28 November 2023, decided to issue the following type of approval:
               •       Building Work Assessable Against the Planning Scheme - Additions to Dwelling House
                       (Coastal Protection)
               In relation to representations, Council on 24 January 2024 decided to:
               A. Agree to amend conditions 3 and 9.
               B. Agree to delete advisory note 1.
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.




               ABN 97.969.214.121                                                              PO Box 141
               noosa.qld.gov.au                                                         Tewantin QLD 4565
               [email protected]                                                         07 5329 6500
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Document Set ID: 22782095
Version: 4, Version Date: 25/01/2024
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               4.     ASSESSMENT MANAGER CONDITIONS

               DEVELOPMENT PERMIT FOR BUILDING WORKS – PLANNING CONDITIONS
                      When Conditions must be Complied With
               1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                      the use of the building commencing, and then compliance maintained at all times while the
                      use continues.
                      Currency Period
               2.     This development approval lapses if the works have not substantially started by 29
                      November 2025, unless an application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                        Plan No.       Rev.   Plan/Document Name                                  Date

                        A-100          B      Site Plan, prepared by Wilson Architects            20/12/2023

                        A-130          B      Ground Level Plan, prepared by Wilson Architects    20/12/2023

                        A-131          B      Level 1 Plan, prepared by Wilson Architects         20/12/2023

                        A-132          B      Roof level Plan, prepared by Wilson Architects      20/12/2023

                        A-200          B      Elevations 1, prepared by Wilson Architects         20/12/2023

                        A-201          B      Elevations 2, prepared by Wilson Architects         20/12/2023

                        A-300          B      Sections, prepared by Wilson Architects             20/12/2023

                      Performance Bond
               4.     Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
                      submitted to Council, to secure performance of all conditions of this approval, prior to the
                      issue of a Development Permit for Building. 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.
                      Environment
               5.     Sediment or any other material including building materials or waste products must not be
                      deposited or released into the road reserve, stormwater drain or adjacent properties.
                      Landscaping Works
               6.     A minimum of 20% of the site must be retained as soft landscaping.
               7.     Existing native trees on the site must be retained.
               8.     Existing vegetation in the road reserve must be retained, unless written authorisation from
                      Council is granted for the clearing.




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Document Set ID: 22782095
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                      Coastal Protection
               9.     Existing structures within 6 metres from the seaward boundary of the site may be
                      replaced/renovated where required (eg pool fencing and balustrading, repairs to existing slab
                      etc), however any new additional works and/or structures must be setback a minimum of 6
                      metres from the seaward boundary of the site.
               10.    External colours and finishes must be of muted/environmental tones that blend with the
                      natural environment and low-reflective roofing and cladding materials.
                      Stormwater Drainage
               11.    Stormwater runoff from the development must be discharged to the street without causing
                      scour or damage to the subject site or any adjoining property.
                      Damage to Services and Assets
               12.    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 ex existing services and assets
               must first be referred to the relevant service authority for approval.
               REFERRAL AGENCY PLANNING CONDITIONS
               The proposed development requires referral to Council for building work under Table 3 for the
               variation to the building setbacks.
               You are advised that:
               •      Council requires that any development approval for building work is subject to the
                      conditions stated in the development approval for DBW23/0093
                      Currency Period for Referral Agency Response
               •      This Concurrence Agency response is no longer valid if the use has not commenced within
                      4 years of the date of this notice, unless otherwise extended in writing by Council.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Resubmission of Amended Plans Required
               1.     Deleted
                      Development Compliance Inspection
               2.     Prior to the commencement of the use, please contact Council's Development Assessment
                      Branch to arrange a Development Compliance Inspection.




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                      Sustainability
               3.     Council encourages sustainable and energy efficient building design for all development,
                      including the use of sustainable building materials, energy efficient fittings, solar hot water,
                      photovoltaic systems (including the use of inverter/charges), solar panels, water saving
                      devices and rainwater harvesting.
                      Fires in Urban Areas
               4.     In urban areas fires are prohibited except where in an appliance is used for domestic heating
                      or cooking purposes, which must comply with particular standards. Any area identified as a
                      fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
                      Law No. 3, Schedule 3. Refer to the following link for details:
                      https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
                      Infrastructure Charges
               5.     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
                      Access
               6.     Any future works to the existing driveway crossover or to the existing retaining wall within the
                      road reserve must be done in accordance with an Operational Works approval.
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required               Subject of the required Development Permit

                Development Permit for Building Works             All building works.

               11.    SUBMISSIONS

               Not applicable.
               12.    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.
               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.
               13.    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.




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Document Set ID: 22782095
Version: 4, Version Date: 25/01/2024

Page 5

               Yours faithfully




               Tara Norley
               Senior Development Planner


               Enc:   Appeal Rights
                      Approved Plans/Documents


               DECISION NOTICE HISTORY
               •   Original Decision Notice – 28 November 2023.
               •   Negotiated Decision Notice - 24 January 2024, with an amendment to conditions 3 & 9, deletion of advisory note 1..




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Document Set ID: 22782095
Version: 4, Version Date: 25/01/2024

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