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Minor Change Existing Approval 51981.4258.02 [As Published]

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                                                                Officer:            Georgina Schramm
                                                                Direct Telephone:   07 53296569
                                                                Our Reference:      51981.4258.02
                                                                Your Reference:     002696

               2 October 2024


               DR Lindsay
               C/- RG Strategic Australia
               PO Box 1818
               NOOSA HEADS
               QLD 4567
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 29 November 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:              51981.4258.02

                   Street address:              Costa Nova 3/1 Belmore Tce Sunshine Beach Qld 4567

                   Real property description:   Lot 21 BUP 9851

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 14 July 1988.
               •       Town Planning Consent - Multiple Dwelling (18 Units)
               In relation to the request to make a minor change to the existing approval, Council on 2 October
               2024, decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change.
               B.      Amend the development description to Town Planning Consent – Multiple Dwelling (18 Units)
                       and Managers Office.
               C.      Amend condition 2.
               D.      Include additional conditions 23 – 24.
               3.      CURRENCY PERIOD OF APPROVAL

               Not Applicable


               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: 23272292
Version: 3, Version Date: 03/10/2024
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Page 2

               4.     ASSESSMENT MANAGER CONDITIONS

               1.     Submission to and approval by Council of building in accordance with the Building Act,
                      Councils By-laws and Policies, and generally in accordance with the plan approved in this
                      Consent and the Shire of Noosa Town Planning Scheme apart from where amendments are
                      required or dispensations have been granted in conjunction with this Consent.
               2.     Provision of at least 25 off-street car parking spaces, comprising 20 covered spaces and 5
                      uncovered spaces, and access thereto which are to be provided with a sealed pavement and
                      designed, drained, constructed and maintained in accordance with the Town Planning
                      Scheme, Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans
                      and specifications for these works are to be submitted to the Shire Engineer for approval in
                      conjunction with the Building Application.
                      2.1. 2 covered spaces are for exclusive use by Apartment 3.
                      2.2. 1 space is for exclusive use by the Managers Office.
               3.     There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the
                      creation of excessive noise, lighting nuisance or other emissions.
               4.     The open space and setback areas are to be landscaped in accordance with the Noosa
                      Design Manual and properly prepared landscaping plan to be submitted to and approved by
                      the Shire Planner, prior to the issue of a Building Approval. Such landscaping is to be
                      completed in accordance with the approved landscaping plan, prior to the premises being
                      occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire
                      Planner.
               5.     Existing trees are to be retained, except where required to be removed due to building
                      operations or the conduct of the approved use. Areas of existing trees proposed to be
                      retained on site are to be depicted upon the landscaping plans submitted in accordance with
                      condition 4 above, for approval by the Shire Planner.
               6.     Construction work is permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to
                      Saturday, except where extended hours are approved by the building surveyor.
               7.     Payment of contributions in accordance with Council’s Policy on Water Supply and Sewerage
                      Headworks, current at the time of Building Approval . Calculations based upon the current
                      Policy including Price Index variation as at June, 1988 are estimated as follows:-
                      Water Supply      - $36,989
                      Sewerage          - $14,833
                      TOTAL:              $51,822
                      If payment is not proposed to be made prior to the issue of Building Approval, a cash bond
                      or trading bank guarantee for the required amount is to be lodged prior to the release of the
                      Approval. The contribution is then required to be made within fourteen (14) days of Building
                      Approval.
               8.     Construction of roadworks, drainage and footpath improvements across the full frontage of
                      the development to the satisfaction of the Shire Engineer. Such works shall involve the
                      construction of kerb and channel, bitumen widening, associated drainage, hit mix correction
                      to the existing pavement, where required and footpath upgrading works in accordance with
                      Council’s forward planning intentions for the area. In this regard, plans prepared by a
                      registered Civil Engineer are to be submitted to and approved by the Shire Engineer, prior to
                      the commencement of construction.
               9.     The developer shall bear the cost of alteration of any public utility of facilities necessitated by
                      the development of the land or associated construction works external to the site.
               10.    Connection to Council’s existing water supply and sewerage systems at the developer’s
                      expense to the standards and requirements of Council’s Shire Engineer.




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               11.    The car parking layout is to be amended to accord with Council’s Policy requirements. The
                      submitted plans do not comply in this regard.
               12.    Roof and surface water is to be collected on site and to be discharged through underground
                      drain line into the existing drainage in The Esplanade/Belmore Terrace to the satisfaction of
                      the Shire Engineer.
               13.    Provisions of approved refuse containers in accordance with the requirements of the Refuse
                      Management Regulations of 1983 for the storage and collection for refuse to the satisfaction
                      of Council’s Health Surveyor.
               14.    Provisions of an imperviously paved, drained and enclosed area to accommodate all refuse
                      containers to the reasonable satisfaction of Council’s Health Surveyor. This area is to be
                      aesthetically screened from any road frontage or adjoining property boundary and is to be
                      setback a distance for two (2) metres from any road frontage. A suitable hosecock and hoses
                      to be located in the vicinity of the refuse container area.
               15.    Any flat or unit intended to be let out for fee or reward is to be licenced annually with Council’s
                      Health Department in accordance with the provisions of Chapter 43 of Council’s By-Laws
                      prior to such letting.
               16.    The swimming pool shall be licensed annually with the Council’s Health Department in
                      accordance with the provisions of Chapter 42 of Council’s By-Laws.
               17.    Prior to the submission of a Building Application and at the applicant’s expense, a
                      geotechnical report is to be submitted for appraisal by Council’s nominated geotechnical
                      consultant and for approval by the Building Surveyor.
               18.    A certificate shall be submitted by the applicant’s structural engineer, with a check certificate
                      from an independence firm of structural engineers, confirming the adequacy of the structure
                      to perform to conditions on the site to the satisfaction of the Building Surveyor.
               19.    The Developer is to dedicate a strip of land to the southern boundary of the site, adjacent to
                      The Esplanade/Belmore Terrace frontage, comprising a maximum depth of approximately
                      1.5 metres. The exact area and dimension of land required to be dedicated shall be
                      determined by the Shier Engineer, following consultation with the Developer. The dedication
                      is to be effected, prior to the sealing of Building units Plans for the development or else prior
                      to the occupation of the building.
               20.    Minimal sight lines are to be maintained within that area to the southern frontage of the site,
                      between the building façade and the new road alignment, to the satisfaction for the Shire
                      Engineer. These sight lines are to have regard to landscaped treatment and structural
                      elements within that area.
               21.    This Consent may be revoked pursuant to Section 33 (16D) of the Local Government Act if
                      substantial progress has not been made in the erection of any building or other structures in
                      accordance with this Consent or the rights conferred by this Consent are not exercised in
                      accordance with this Consent within two (2) years of the date thereof.
               Additional Conditions as of 8 December 2023 – Lot 0 BUP 9851 only
               22.    Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below. The plans must be amended to incorporate the
                      amendments listed within the table below and resubmitted to Council*.
                      *(Refer to Advisory Note)
                      The following plans require amendment.

                        Plan No.             Rev.   Plan/Document Name                                Date

                        002                  B      Proposed Works, prepared            by    Peter -
                                                    Thompsett Architecture




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                        003                A       Roof Plan, prepared by Peter Thompsett -
                                                   Architecture

                        Amendments         Shade structure over barbecue area to be reduced to 5m2 in size and
                                           setback a minimum of 6m from the front boundary.
                                           Screening vegetation with a minimum height of 2 metres to be
                                           provided in front of the barbecue area to help buffer the area from the
                                           street.

                        Amendments Approved – 20 March 2024
                        (as per Approval of Amended Plans Letter dated 20 March 2024)

                        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

                        001                B       Existing Plus Garden Beds prepared by 8.02.2024
                                                   Peter Thompsett Architecture

                        002                C       Proposed Works, prepared          by   Peter 8.02.2024
                                                   Thompsett Architecture

                        003                B       Roof Plan prepared by Peter Thompsett 8.02.2024
                                                   Architecture

                      Additional Conditions as of 2 October 2024 – Unit 3 – Lot 21 BUP 9851
                      Approved Plans
               23.    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

                        23555               A       Proposed Plan prepared by Icon                 15/11/2023

                      Nature and Extent of Approved Use
               24.    The approved “reception” is for the purpose of a Managers Office only. The office space is
                      not to be let as an office not associated with the Multiple Dwelling development, the space is
                      not to be used for overnight accommodation.
               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



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Page 5

                         Resubmission of Amended Plans Required
               2.        The conditions of this Decision Notice require resubmission of plans to Council with
                         amendments. Please address the amended plans to Council’s Development Assessment
                         Branch with the Reference No. 51981.4258.01, prior to a Development Permit for Building
                         Work being issued.
               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 work.

               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 online at
               www.noosa.qld.gov.au or at Council Offices.
               Yours faithfully,




               Georgina Schramm
               Development Planner



               Enc:      Appeal Rights
                         Infrastructure Charge Notice
                         Approved Plans/Documents



               DECISION NOTICE HISTORY
               •     Original Decision Notice – 14 July 1998.

               •     Decision Notice - Minor – 51981.4258.01 – 8 December 2023 include additional condition 22.

               •     Approval of Amended Plans Letter – 20 March 2024.

               •     Decision Notice – Minor – 51981.4258.02 – 2 October 2024; amend development description; amend condition 2; include
                     additional conditions 23 & 24.




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Page 6

                                                                              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.




                                                                                                                                                    Page 6 of 6
Document Set ID: 23272292
Version: 3, Version Date: 03/10/2024

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