Council archive · source document
Minor Change Existing Approval 51981.4258.02 [As Published]
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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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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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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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.
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