Minor Change Existing Approval 51995.1530.06

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	51995.1530.06
Your Reference:	20035
21 January 2022
RL Jackson
C/- Adamson Town Planning Pty Ltd
PO Box 894
COOROY  QLD  4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 7 October 2021, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51995.1530.06
Street address:	Esplanade Heights 3/18 Peregian Esp Peregian Beach
Real property description:	Lot 3 GTP 105556
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 20 October 1995
Group Housing Development (5 Units) – TPC 2832
In relation to the request to make a minor change to the existing approval, Council on 20 January 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Include additional condition 39
currency period of approval
Not Applicable
assessment manager conditions
Compliance with conditions of TPC 2832 (attached).

Additional Conditions – specific to Lot 5 on GTP105556 - 15 November 2010
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table and as amended by these conditions.
Plan No.	Issue	Plan / Document Name	Date
1023 – 2		Proposed Floor Plan – M Design	18/08/2010
1023 – 3		Proposed Elevations & Joinery Layout – M Design	18/08/2010
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.
Further Development Permits Required
Prior to the commencement of development, a Development Permit for Building Works must be obtained.
Additional Conditions – specific to Lot 5 on GTP105556 - 23 December 2020
Additional Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
job no: 2017 dwg no: 2.1	C	Proposed Floor & Roof Plans, prepared by M Design As annotated by Council	21.12.20
job no: 2017 dwg no: 2.2	C	Elevations, prepared by M Design As annotated by Council	21.12.20
Nature and Extent of Approval
The approval allows for roofing to be located on the eastern elevation only, which must not extend any further northward than the existing roofline. No roofing or screening is permitted on the northern elevation of the dwelling.
Building Appearance
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Additional Conditions – specific to Lot 4 on GTP105556 – 8 February 2021
Additional Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
080.01	C	Existing Site Plan, prepared by Shaun Lockyer Architects	14.12.20
100.01	C	Proposed Plan, prepared by Shaun Lockyer Architects	14.12.20
110.00	B	Existing Roof Plan, prepared by Shaun Lockyer Architects	29.06.20
110.01	B	Ground Floor Plan, prepared by Shaun Lockyer Architects	29.06.20
110.02	B	First Floor Plan, prepared by Shaun Lockyer Architects	29.06.20
110.03	C	Second Floor Plan, prepared by Shaun Lockyer Architects	14.12.20
130.01	C	Existing Eastern Elevation and Existing Western Elevation, prepared by Shaun Lockyer Architects	23.10.20
130.02	B	Existing Northern Elevation, prepared by Shaun Lockyer Architects	29.06.20
130.03	B	Existing Southern Elevation, prepared by Shaun Lockyer Architects	29.06.20
140.01	B	Existing Section, prepared by Shaun Lockyer Architects	29.06.20
200.00	C	Proposed Roof Plan, prepared by Shaun Lockyer Architects	23.10.20
200.01	C	Proposed Ground Floor Plan, prepared by Shaun Lockyer Architects	23.10.20
200.02	C	Proposed First Floor Plan, prepared by Shaun Lockyer Architects	23.10.20
200.03	D	Proposed Second Floor Plan, prepared by Shaun Lockyer Architects	14.12.20
300.01	C	Proposed Eastern Elevation and Proposed Western Elevation, prepared by Shaun Lockyer Architects	14.12.20
300.02	B	Proposed Northern Elevation, prepared by Shaun Lockyer Architects	23.10.20
300.03	C	Proposed Southern Elevation, prepared by Shaun Lockyer Architects	14.12.20
400.01	C	Section 1, prepared by Shaun Lockyer Architects	14.12.20
400.01	B	Section 2, prepared by Shaun Lockyer Architects	23.10.20
400.03	B	Section 3 and Section 4, prepared by Shaun Lockyer Architects	23.10.20
400.04	B	Section 5 and Section 6, prepared by Shaun Lockyer Architects	23.10.20
The development must be undertaken generally in accordance with document 2020346 LC1C, rev. IA 4-18 Peregian Esplanade, Peregian Beach – Lift Noise Assessment, prepared by Acoustic Works and dated 15 October 2020
Additional condition - specific to Lot 3 GTP 105556 - 20 January 2022
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
100.01	C	Proposed Site Plan prepared by Shaun Lockyer Architects	16.11.21
200.01	B	Proposed Ground Floor Plan, prepared by Shaun Lockyer Architects	20.08.21
200.02	C	Proposed First Floor Plan, prepared by Shaun Lockyer Architects	16.11.21
190.03	C	Proposed Second Floor Plan prepared by Shaun Lockyer Architects	16.11.21
200.00	C	Proposed Roof Plan prepared by Shaun Lockyer Architects	16.11.21
300.01	C	Proposed Elevations (East & West) prepared by Shaun Lockyer Architects	16.11.21
300.02	C	Proposed Elevation (North) prepared by Shaun Lockyer Architects	16.11.21
300.03	C	Proposed Elevation (South) prepared by Shaun Lockyer Architects	16.11.21
400.01	C	Proposed Building Sections prepared by Shaun Lockyer Architects	16.11.21
400.02	C	Proposed Building Sections prepared by Shaun Lockyer Architects	16.11.21
400.03	B	Proposed Building Sections prepared by Shaun Lockyer Architects	20.08.21
400.04	B	Proposed Building Sections prepared by Shaun Lockyer Architects	20.08.21
referral agencies
Not Applicable.
advisory notes
Infrastructure Charges – 23 December 2020
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
property notes
Not applicable.
variation approval details
Not applicable.
submissions
Not applicable.
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.
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.
Yours faithfully,

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Approved Plans/Documents
Infrastructure Charge Notice

DECISION NOTICE HISTORY
Original Decision Notice – 20 October 1995.
Decision Notice - Minor 51995.1530.02 – 11.10.2004, New pool
Decision Notice – Minor – 51995.1530.03 – 15.11.2010; Alterations to Unit 5
Decision Notice – Minor – 51995.1530.04 – 8.02.2021; Alterations to Unit 4
Decision Notice – Minor – 51995.1530.05 – 23.12.2020 – Alterations to Unit 5
Decision Notice – Minor – 51995.1530.06 – 20.01.2022 – Alterations to Unit 3

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

[word/footer2.xml]
Page 4 of 4

[word/footer3.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 4

[word/footer4.xml]
Page 2 of 3

[word/header4.xml]
3

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL