Minor Change Existing Approval 51994.1222.01

Officer: 	Maxwell Potter
Direct Telephone: 	53296245
Our Reference:	51994.1222.01
Your Reference:	210028
9 September 2021
Siga Property Pty Ltd
C/- Viva Property Group Pty Ltd
PO Box 419
INDROOROOPILLY  QLD  4068
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 15 June 2021, requesting a minor change to an existing development approval. Council on 6 September 2021, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51994.1222.01
Street address:	Alkira 3/31 Noosa Dr Noosa Heads Qld 4567
Real property description:	Lot 3 BUP 106009
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 9 November 1994
Development Permit for Material Change of Use of Premises – Multiple Dwelling – 3 Units
In relation to the request to make a minor change to the existing approval, Council on 6 September 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change
Include additional conditions 26 & 27
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, Council's By-laws and Policies, the conditions of this approval and substantially in accordance with plans 179 sheets 1 to 17 inclusive and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.
The plans submitted for Building Approval are to comply with any amended plans approved by the Shire Planner or Council, pursuant to clause B of Council's decision on this application.
Provision of at least 5 off-street car parking spaces, comprising 3 covered spaces and 2 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.
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 times thereafter to the reasonable satisfaction of the Shire Planner.
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.
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.
The existing hoop pines on site are to be retained.  The developer is to ensure protection to these trees during construction of the units by means of roping off the trees from any construction activities.  Additionally, a tree surgeon is to be present on site during demolition and construction activities, as indicated in the applicants report of Protection of Existing Hoop Pines. Council will also be undertaking a further review of the proposed works in relation to the tree retention and may provide further advise, prior any works commencing.
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 provisions of Council's policies on advertising.
The applicants are required to repair and asphalt overlay the road frontage of the site on completion of the building works. Any damage to the existing concrete footpath is to be reinstated.
These works are to be completed to the shire Engineer's satisfaction and a bond of $5,000 is to be lodged at building application stage to ensure compliance with this condition.
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.
13.	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.
14.	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.
15	Roof and surface water is to be collected on site and is to be discharged through a single underground drain line into existing drainage in Noosa Drive to the satisfaction of the Shire Engineer.  A Building Approval shall not be granted until the Shire Engineer has approved of the drainage scheme.
16	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.
17.	Provision of an imperviously paved area to accommodate all refuse containers to the reasonable satisfaction of Council's Environmental Health Officer.  This area is to be aesthetically screened from any road frontage or adjoining property boundary and is to be setback a distance of two (2) metres from any road frontage.  A suitable hosecock, hoses and approved drainage outlet to Council's sewer, are to be located in the vicinity of the refuse container area for washing containers.
18.	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.
19.	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.
20.	Prior to the submission of a Building Application and at the developer's expense, a geotechnical report is to be submitted for appraisal by Council's nominated geotechnical consultant and for approval by the Building Surveyor.
21.	A certificate shall be submitted by the developer's structural engineer, with a check certificate from an independent firm of structural engineers, confirming the adequacy of the structure to perform to conditions on the site to the satisfaction of the Building Surveyor.
22.	Submission of a cash bond or trading bank guarantee to the sum of $10,000 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 applicant is to note that this performance bond is in relation to the retention of the existing hoop pines on and adjacent to the site.
23.	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
24.	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.

25.	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
New Condition September 2021
Approved Plans
26.	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
Plan No.	Rev.	Plan/Document Name	Date
A101	2	Site Plan, prepared by Windrim Building	3/6/21
A102	2	Proposed Garden Room & Kitchen Renovation, prepared by Windrim Building	3/6/21
A103	2	Proposed Garden Room L3, prepared by Windrim Building	3/6/21
A104	2	Proposed Garden Room Elevations, prepared by Windrim Building	3/6/21
A105	2	South Elevations, prepared by Windrim Building	3/6/21
Materials
27.	The materials used to construct the garden room are consistent with the window frames and louvres already existing in the building.
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,

Maxwell Potter
Assistant Development Planner
Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 9 November 1994.
Decision Notice - Minor 51994.122.01 – 6 September 2021: include additional conditions 26 & 27

	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]	
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