Council archive · source document
Minor Change Existing Approval - 132001.210239.2 [As Published]
Officer: Nadine Gorton
Direct Telephone: 07 5329 6215
Our Reference: 132001.210239.2
Your Reference: n/a
3 April 2024
MA Woodley & J Woodley
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 15 December 2022, 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: 132001.210239.2
Street address: 36 Seaview Terrace, Sunshine Beach
Real property description: Lot 54 RP 81810
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 21 March 2002
• Development Permit for Material Change of Use – Dwelling in a Sand Dune Problem Area
In relation to the request to make a minor change to the existing approval, Council on 26 March
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change;
B. Amend condition 4; and
C. Included additional condition 9
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
Page 1 of 5
Document Set ID: 22887910
Version: 5, Version Date: 03/04/2024
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 4 pages
Page 2
4. ASSESSMENT MANAGER CONDITIONS
Building
1. An identification survey of the subject site is to be carried out by a Licensed Surveyor and is
to be submitted to Council at the time of foundation inspection or immediately thereafter.
Such survey shall set out the boundaries of the site and the position of the buildings on the
site.
2. The geotechnical report submitted as part of your application has been appraised and
approved subject to the following conditions:
2.1. There is to be no uncontrolled discharge of water onto the slope.
2.2. Stripping of vegetation for construction purposes should be minimised. If vegetation is
destroyed it should be reinstated immediately after construction is completed.
2.3. Additional load due to fill, construction equipment or stockpiled materials should not be
located on the dune slope. Filling in the open space area is to be avoided.
2.4. The use of vibratory equipment of any kind is not permitted to be used, including
vibrating rollers, 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.
2.5. The builder, landscaper and all workers associated with the construction of the works
on this site shall at all times comply with the directions of the consulting geotechnical
engineer.
2.6. The applicant shall pay Council’s reasonable costs in relation to any geotechnical
advice sought by it in relation to this development provided that a quotation of the likely
costs to be incurred be obtained from the Council’s consultants Messrs Coffey
Geosciences Pty Ltd and that the amount of such costs be agreed to by the applicant
before the advice is obtained.
Land Development
3. Roof and surface water is to be collected on site and is to be discharged through a single
underground drain line into the existing drainage channel in Sunshine Beach Park to the
reasonable satisfaction of the Manager - Land Development.
Land Use
4. 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
DD.01 06 Proposed Site Plan prepared by Georgia Price Design 06.03.2024
DD.08 07 Level B Floor Plan prepared by Georgia Price Design 06.03.2024
DD.09 08 Level G Floor Plan prepared by Georgia Price Design 06.03.2024
DD.10 08 Level 1 – Floor Plan prepared by Georgia Price Design 06.03.2024
DD.11 07 Level 1 Roof Plan prepared by Georgia Price Design 06.03.2024
DD.12 07 Proposed West and North Elevations prepared by 06.03.2024
Georgia Price Design
DD.13 07 Proposed East and South Elevations prepared by 06.03.2024
Georgia Price Design
Page 2 of 5
Document Set ID: 22887910
Version: 5, Version Date: 03/04/2024
Page 3
DD.14 06 Proposed Section A-A, B-B prepared by Georgia Price 06.03.2024
Design
DD.15 05 Proposed Section C-C prepared by Georgia Price 06.03.2024
Design
5. 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.
6. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use.
7. The site must be landscaped to further enhance the existing native vegetation on the
property. The landscaping is to incorporate native coastal species endemic to the area.
Particular attention should be given to the western edge of the site to further screen the site
from the adjoining car park, the southern side of the site to enhance the native coastal
vegetation in this area, and along the eastern edge the Pandanus trees are to be retained
and this area further landscaped to provide a visual buffer between the site and the property
to the east.
8. This Development Permit for a material change of use of premises lapses if:-
8.1. the use or erection of a building or other structure associated with the use, has not
been commenced within four (4) years of the date of issue of the Development Permit,
unless application is made and approved by Council for an extension; or
8.2. the use of any premises pursuant to the Development Permit ceases.
9. All balustrades to decks and balcony areas must be open or transparent.
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:
1. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
1.1. On a Sunday or public holiday, at any time; or
1.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
Infrastructure Charges
2. 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
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
Page 3 of 5
Document Set ID: 22887910
Version: 5, Version Date: 03/04/2024
Page 4
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
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 on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Nadine Gorton
Coordinator Planning
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 21 March 2002.
• Decision Notice - Minor 132001.210239.1 – 23 February 2021, Refused.
• Decision Notice - Minor 132001.210239.2 – 26 March 2024, with an amendment to condition 4 and additional condition 9.
Page 4 of 5
Document Set ID: 22887910
Version: 5, Version Date: 03/04/2024
Page 5
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 5 of 5
Document Set ID: 22887910
Version: 5, Version Date: 03/04/2024
Used in these records
Minor Change Existing Approval - 132001.210239.2 [As Published].pdfRelated documentApplication case desk ↗
About this file
- File size
- 146 KB (small file)
- File type
No other editions are linked here.