Minor Change Existing Approval 51993.1086.02

Officer: 	Nadine Gorton
Direct Telephone: 	07 53296215
Our Reference:	51993.1086.02
Your Reference:	2022 0101
6 June 2022
BDH Group Investments P/L TTE
C/- Pure Building Approvals
PO Box 1632
BUDERIM  QLD  4556
[email protected]
Dear Sri/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 22 March 2022, 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:	51993.1086.02
Street address:	Viewland Heights 1/35 Viewland Dr Noosa Heads Qld 4567
Real property description:	GTP 102061 &  Lot 1 GTP 102061
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 8 March 1994
Development Permit for Material Change of Use of Premises – Duplex Dwelling
In relation to the request to make a minor change to the existing approval, Council on 6 June 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 1
currency period of approval
The currency period for this development approval is stated in the conditions below.

assessment manager conditions
Submission to and approval by Council of building plans in accordance with the Building Act, Councils By-laws and Policies, the conditions of this approval and substantially in accordance with plans 2.1293.SK1, CD2.01A (Nov 2021), CD3.00A (Nov 2021), CD4.01A (Nov 2021) and the Shire of Noosa Planning Scheme apart from where amendment are required or dispensation have been granted in conjunction with this approval.
The plans submitted for Building Approval are to indicate the following:
Maximum height of the building as not exceeding 8 metres from the natural ground surface level.
The carparking layout is to be modified to comply with Engineering design standards.
Provision of at least 3 off-street car parking spaces, comprising 2 covered spaces and 1 uncovered spaces, and access thereto which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the 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. A Building Approval shall not be granted until the Shire Engineer has approved of the carparking and access scheme.
The applicant is to note that some minor amendments are required to the manoeuvring area of the driveway.
The open space and setback areas are to be landscaped in accordance with Council's Policy on Landscaping Guidelines and a properly prepared landscape 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 landscape plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
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. The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
Areas of existing vegetation are to be fenced off during construction to ensure their preservation. The applicant is to note that the vegetation at the front, side and rear of the site is to be retained in accordance with the Noosa Hill Development Control Plan.
Any fencing provided in conjunction with the development is to be setback an average of two (2) metres to any road frontage pursuant to clause 36 (6) (c) of the Schedule to the Planning Scheme.
Construction work and other associated activities are permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.
Payment of contributions in accordance with Council's Policy on Water Supply and Sewerage Headworks. An estimate only of the charges as at September 1993 under the current policy is as follows:-
Water Supply	$3191
Sewerage	$1953
TOTAL:	$5144
Headworks contributions shall be calculated and paid in accordance with one of the following alternatives:-
Prior to the issue of a Building Approval, in the amount calculated under the Policy at that date: or
Deferred to the soonest of the following dates:-
prior to Council sealing plans of the development for titling purposes;
prior to the issue of a Certificate of Classification for any building approved under this application; or
prior to commencement of the approved use at the relevant premises.
Where the option of a deferred payment is used in accordance with b. above, the following conditions shall also apply:-
Prior to the issue of a Building Approval, a trading bank guarantee is to be submitted to the value of the headworks which are due, plus 20%.
The subsequent payment of headworks shall include interest charged at the rate set by the Queensland Treasury Corporation for Local Government borrowings as they apply to Noosa Shire and current at the time the trading bank guarantee is submitted.
Should the contributions not be paid at the due time, Council shall call upon the sum secured by the trading bank guarantee.
The trading bank guarantee will be returned on payment of the required contributions plus interest or on expiry of the relevant Building Approval, whichever is the sooner.
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, hot mix correction to the existing pavement, where required and footpath upgrading works. In this regard, plans prepared by a registered Civil Engineer are to be submitted to and approved by the Shire Engineer, prior to commencement of construction.
The developer shall bear the cost of alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site.
The footpath across the frontage of the site is to be upgraded by the provision of a 1.2 metres wide concrete footpath and the forming, grassing and topsoiling of the remaining area to the standards and requirements of the Shire Engineer. The applicant is to contact Council's Engineering Department to determine the footpath alignment prior to the commencement of any works.
The developer shall provide metered water connections from the water supply system to the proposed development, in accordance with Council's standards and to the satisfaction of the Shire Engineer.
Roof and surface water is to be collected on site and discharged to a point satisfactory to the Shire Engineer. A registered Hydraulics Consultant is to design the stormwater disposal system and ensure that no scour or damage or concentration of stormwater will occur to adjoining properties.
A Building Approval shall not be granted until the drainage scheme has been approved by the Shire Engineer and Building Surveyor.
Connection to Council's existing water supply and sewerage reticulation systems at the developer's expense to the standards and requirements of the Shire Engineer.
In this regard the Council's existing sewer is to be extended to the eastern boundary of the property at a location to the satisfaction of the Shire Engineer.
Plans prepared by a registered Civil Engineer are to be submitted to and approved by the Shire Engineer prior to issue of a Building Approval.
The location of the swimming pools shown on Plan No. 2.1293.SKI is not approved pending the final design of the sewer extension and satisfactory clearance from the same.
Provision of approved refuse containers in accordance with the requirements of the Refuse Management Regulations of 1983 for the storage and collection of refuse to the satisfaction of Council's Environmental Health Officer.
Provision of an imperviously paved area upon which to stand all refuse containers together with a suitable enclosure, if required, to enclose the refuse container area to the satisfaction of the Environmental Health Officer.
Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council's Health Department in accordance with the provisions of Chapter 43 of Council's By-Laws prior to such letting.
Submission of a cash bond or trading bank guarantee to the sum of $3000 to secure performance of conditions, prior to the issue of Building Approval. The cash bond or trading bank guarantee will be returned upon performance of the conditions of approval.
This bond is required to ensure performance of conditions and in particular retention of vegetation at the front, side and rear of the site.
The provisions of this approval are to be effected, prior to the commencement of the approved use. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval for the purposes of litigation should the use not be conducted in accordance with this approval.
The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local Government (Planning and Environment) Act if commencement of erection or works have not been made in accordance with that Permit or the rights conferred by that Permit are not exercised within two (2) years of the date of issue of the Permit.
The Town Planning Consent Permit lapses where:-
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 Town Planning Consent Permit, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Town Planning Consent Permit ceases for a period of twelve (12) months.
referral agencies
Not Applicable
advisory notes
Infrastructure Charges
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.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
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,

Nadine Gorton
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 8 March 1994.
Generally in Accordance – 51993.1086.01; 23 September 2014
Decision Notice - Minor 51993.1086.02; 6 June 2022; amend condition 1 (Unit 1)

	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

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL