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51994.1308.03
Noosa Council documents
Officer: Glen Conforti
Direct Telephone: 07 53296241
Our Reference: 1994.1308.03
Your Reference: 2015-0570
23 September 2015
Noosa Building Certifiers
PO Box 914
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam
Change to an Existing Approval
Sustainable Planning Act 2009
I refer to your request to make a permissible change to an existing approval. On
22 September 2015, Council decided your requested changes.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 51994.1308.03
Street Address: 2/33 Viewland Drive Noosa Heads Qld 4567
Real Property Description: Lot 2 SP 221528
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 6 September 1994 decided to issue the following type of approval:
Duplex Dwelling
In relation to a request to make a change to the existing approval, Council on
28 February 2012 decided to:
A. Approve a change to the development approval (Unit 1)
B. Include additional conditions 23 to 29
In relation to a request to make a change to the existing approval, Council on
22 September 2015 decided to
A. Include additional conditions 30 to 31 (Unit 2)
3 RELEVANT PERIOD OF APPROVAL
Not applicable
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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
Document Set ID: 19973051
Version: 1, Version Date: 14/10/2015 Print Date: 21 January 2021, 3:53 PM
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Noosa Council documents
51994.1308.03
4 CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
To be read in conjunction with Town Planning Consent Permit TPC 2711, copy attached.
ADDITIONAL CONDITIONS 28 February 2012
When Conditions must be Complied With
23. Unless otherwise stated, all conditions of this Decision Notice must be complied with
and then compliance maintained at all times while the use continues.
Approved Plans
24. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed below.
Plan No. Rev. Plan Name – Prepared by Date
SK1 A Site Plan, prepared by Stewart & Mia Bradley December 2011
SK3 A Existing Floor Plan, prepared by Floorplans Unknown
Plus
SK3 A Floor Plan Showing Addition, prepared by December 2011
Stewart & Mia Bradley
SK5 A East View, prepared by Stewart & Mia December 2011
Bradley
Building Height
25. The maximum height of the development must not exceed 8 metres above the natural
ground surface, finished ground level and 2 storeys.
26. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the building does not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
27. Security in the form of a cash bond or trading bank guarantee to the sum of $1500
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Building Works. The cash bond or
trading bank guarantee will be returned on performance of the conditions of approval
less any costs incurred by Council in respect of enforcing performance of this permit.
Council reserves the right to call upon the bond or guaranteed sum to effect
compliance with conditions.
Protection of Privacy
28. To ensure privacy is protected between adjoining properties, the following screening
devices must be fitted:
a. To the full width of the deck between Unit 1 and Unit 2.
b. To the top of the masonry fence located to the western boundary. The screening
device must start, at a minimum, in line with the adjoining western neighbour’s
building line and must extend along the fence to a minimum of 0.4m prior to
where the fence starts to slope down.
c. To a height that ensures privacy.
General
29. No building work within the Covenant K is approved as part of this approval.
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ADDITIONAL CONDITIONS 22 SEPTEMBER 2015
Approved Plans
30. 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
020_0614 wd:1 Floor & Site Plans, prepared by Noosa June 2014
Cooloola Pools Pty Ltd
020_0614 wd:2 Elevations:Sections, prepared by Noosa June 2014
Cooloola Pools Pty Ltd
31. The garage must be maintained for vehicle parking.
5 REFERRAL AGENCY CONDITIONS
Not Applicable
6 APPROVED PLANS/DOCUMENTS
The approved plans for this development approval are listed in the attached Town Planning
Consent Permit, with the changes relevant to this request to change development approval
listed in the following table:
Plan No. Rev. Plan Name – Prepared by Date
SK1 A Site Plan, prepared by Stewart & Mia Bradley December 2011
SK3 A Existing Floor Plan, prepared by Floorplans Plus Unknown
SK3 A Floor Plan Showing Addition, prepared by Stewart December 2011
& Mia Bradley
SK5 A East View, prepared by Stewart & Mia Bradley December 2011
7 PLANS/DOCUMENTS REQUIRING AMENDMENT
Not applicable.
8 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with
the requirements of the National Construction Code - Building Code of Australia (Volume
1) as they relate to people with disabilities. Your attention is also directed to the fact that
in addition to the requirements of the National Construction Code as they relate to
people with disabilities, one or more of the following may impact on the proposed
building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
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b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Aboriginal Cultural Heritage Act 2003
2. There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person
who carries out an activity must take all reasonable and practicable measures to ensure
the activity does not harm Aboriginal cultural heritage.” It is an offence to fail to comply
with the duty of care. Substantial monetary penalties may apply to individuals or
corporations breaching this duty of care. Injunctions may also be issued by the Land
and Resources Tribunal, and the Minister administering the Act can also issue stop
orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the
cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3247 6212 to discuss
any obligations under the ACH Act.
9 PROPERTY NOTES
Not Applicable.
10 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
11 FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable.
12 SELF ASSESSABLE CODES
Not Applicable.
13 SUBMISSIONS
Not Applicable.
14 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
15 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Sustainable Planning Act 2009 is attached.
16 OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies of which are
available on line at www.noosa..qld.gov.au, or at Council offices.
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51994.1308.03
DECISION NOTICE HISTORY
TPC 2711 - Original Decision Notice.- 6 September 1994
51994.1308.01 (TPC 2711) - Change to an Existing Approval - 28 February 2012
51994.1308.03 – Change to an Existing Approval - 22 September 2015
Yours faithfully
GLEN CONFORTI
DEVELOPMENT PLANNER
Encl. Copy TPC 2711
Approved Plans/Documents
Appeal Rights
cc Unitywater
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Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable
Planning Act 2009 (Chapter 7)
466 Appeals about decisions relating to
permissible changes
(1) For a development approval given for a
development application, the following persons
may appeal to the court against a decision on a
request to make a permissible change to the
approval—
(a) if the responsible entity for making the
change is the assessment manager for
the application—
(i) the person who made the
request; or
(ii) an entity that gave a notice
under section 373 or a pre-
request response notice about
the request;
(b) if the responsible entity for making the
change is a concurrence agency for the
application—the person who made the
request.
(2) The appeal must be started within 20 business
days after the day the person is given notice of
the decision on the request under section 376.
(3) Also, a person who has made a request under
section 369 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the
matter should have been made.
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Covenant Area
51994.1308.03 22SEP 2015
APPROVED PLAN
NOOSA COUNCIL
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NOOSA COUNCIL
APPROVED PLAN
51994.1308.03 22 SEP2015
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