SUPERSEDED Minor Change Existing Approval 51991.475.04

Officer: 	Georgina Schramm
Direct Telephone: 	07 53296569
Our Reference:	51991.475.04
Your Reference:	NA
11 August 2022
FR Shelley
PO Box 323
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 1 June 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:	51991.475.04
Street address:	Banksia Terraces 1/2-10 Banksia Ave Noosa Heads Qld 4567
Real property description:	GTP 3209, Lot 17 GTP 3451
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 8 April 1992.
Town Planning Consent TPC 2413 – Group Housing Development (16 units)
In relation to the request to make a minor change to the existing approval, Council on 8 August 2022, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Include additional conditions 22:
currency period of approval
Not applicable.
assessment manager conditions
In determining to approve the application, Council also resolved to :-
Submission to and approval by Council of building plans in accordance with the Building Act, council’s By-laws and Policies, the conditions of this approval and substantially in accordance with plans 91036-DD01/06 dated December 1991 and the Shire of Noosa Planning Scheme apart from where amendments are required, or dispensations have been granted in conjunction with this approval.
Provisions of at least 24 off-street car parking spaces, comprising 16 covered spaces and 8 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 satisfactions 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.
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.
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 time 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 demote areas of existing vegetation or existing trees proposed to be retained.
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.
Any advertising sign or device is to comply with the provision of the Noosa Design Manual.
All lots that form part of this application are to be amalgamated in Title, prior to the issue of Building Approval.
Payment of contributions in accordance with Council’s Policy on Water Supply and Sewerage Headworks, current at the time of Building Approval.   An estimate only of the charges as at May, 1991 under the current policy is as follows: -
Water Supply -	$27,005
Sewerage		$11,412
Total:			$38,417
Please note that the headworks charges will alter in accordance with Price Index variations or if any amendment is made to Council’s policy.
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 that Approval.   The contribution is then required to be made with fourteen (14) days of the issue of a Building Approval.
Construction of roadworks, drainage and footpath improvements across the Banksia Avenue of the development to the satisfaction of the Shire Engineer.   These frontage works are to be connected to Noosa drive with a minimum 6m wide bitumen seal on the 8m wide formation.   The works are to be designed and constructed to suit Council’s planned upgrading of the Banksia Avenue/Noosa Drive intersection.
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, prior to commencement of construction.
The footpath across the Noosa Drive and Banksia Avenue frontage, excluding the east west connection between those frontages, 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 satisfaction of the Shire Engineer. The footpath is to be generally located 0.9 metres from the property alignment, though a curvilinear alignment may also be acceptable and desirable.
The developer shall bear the cost of alterations of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site.
Connection to Council’s existing water supply and sewerage reticulation systems at the developer’s expense to the standards and requirements of Council’s Shire Engineer. Extensions to Council's existing reticulation systems are to be provided at the developer’s expense.   In this regard, detailed engineering designs of the proposed extensions are to be submitted for approval by the Shire Engineer prior to work commencing.
Roof and surface water is to be collected on site to and is to be discharged through a single underground drain line into existing drainage in Noosa Drive to the satisfaction of the Shire Engineer.
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 health Surveyor.
Provision of an imperviously paved and drained area to be drained to Council’s sewer 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 ad is to be setback a distance of two (2) metres from any road frontage.   A suitable hosecock and hoses are to be located in the vicinity of the refuse container area.
Any flat or unit intended to be let out for a 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.
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.
Submission of a cash bond or trading bank guarantee to the sum of $20,000 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.
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.

Additional condition - 8 August 2022
Approved Plans
22. 	Development is to be undertaken in accordance with this change to existing approvals 51991.475 must generally comply with the approved plans of development. The approved plans relating to the development and Unit 2 are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
01	A	Proposed First Floor Ensuite Extension	June 2022
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.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
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,

Georgina Schramm
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – TPC 2413 – 51991.475.02 – 8 April 1992.
Decision Notice – 51991.475.03 – 4 November 2020 – Generally in Accordance

	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 2 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