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Negotiated Decision Notice - DBW23 0056 [As Published]

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                                                                                Officer:          Samuel Osakwe
                                                                                Direct Telephone: 07 5329 6316
                                                                                Our Reference:    DBW23/0056
                                                                                                  RAP23/0010
                                                                                Your Reference:   0447

               6 December 2023


               Hale Nai'a P/L TTE
               C/- Pivotal Perspective Pty Ltd
               4/59 Mary Street
               NOOSAVILLE QLD 4566
               [email protected]



               Dear Sir/Madam,
                                               Negotiated Decision Notice
                                                       Planning Act 2016

               I refer to your application and the representations you made in respect to the decision notice. On
               5 December 2023, Council decided your representations. This negotiated decision notice replaces
               the decision notice of 17 October 2023.
               Details of the negotiated decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:           DBW23/0056 & RAP23/0010

                   Street address:           14 Dolphin Cresent, Noosaville

                   Real property description: Lot 103 N 10573

                   Planning Scheme:          Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council on 17 October 2023, decided to issue the following type of approval:
               •       Building Work Assessable Against the Planning Scheme - Dwelling House – Setbacks &
                       Rooftop Terrace
               •       Referral Agency Response – Dwelling House – Setbacks & Rooftop Terrace
               In relation to representations, Council on 5 December 2023 decided to:
               A. Agree to amend conditions 3 and 14;
               B. Include additional condition 21; and
               C. Refuse the representations made in relation the conditioned plan amendments regarding the
                  setback to the western boundary and the service access deck for the following reasons:
                      1.    The setback to the western boundary for the living, kitchen, pantry, and laundry area
                       remains at 1.5m and the building has not been lowered to less than 4.5m for this area.




               ABN 97.969.214.121                                                              PO Box 141
               noosa.qld.gov.au                                                         Tewantin QLD 4565
               [email protected]                                                         07 5329 6500
                                                                                                        Page 1 of 7
Document Set ID: 22715975
Version: 4, Version Date: 06/12/2023
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Page 2

                    2.    The proposed setback to the western boundary is contrary to AO9.3 and PO9 of the
                     Low Density Residential Zone Code as it is not a minor intrusion and fails to provide an
                     adequate distance from the adjoining property boundary and is likely to result in adverse
                     amenity impacts for adjoining residents.
                    3.     The proposed balcony and service access deck, with a privacy screen included in the
                     middle of the deck is not a functional or practicable arrangement. It therefore remains
                     unacceptable and contrary to the Low Density Residential Zone Code as it is likely to result
                     in adverse amenity impacts for adjoining residents.
               3.     CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.     ASSESSMENT MANAGER CONDITIONS

                     DEVELOPMENT PERMIT FOR BUILDING WORKS – DBW23/0056
               PLANNING
                      When Conditions must be Complied With
               1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                      the use commencing, and then compliance maintained at all times while the use continues.
                      Currency Period
               2.     This development approval lapses if the works have not substantially started by 18 October
                      2025, unless an application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the tables below. The plans must be amended to incorporate
                      the amendments listed within the table below and resubmitted to Council prior to the issue
                      of any Development Permit for Building Works*
                      The following plans require amendment.

                        Plan No.          Rev.    Plan/Document Name                           Date

                        CC102             E       Upper Level plan prepared by Bennett 27.10.23
                                                  Architects & Associates Pty Ltd

                        CC103             E       Roof Deck Plan prepared by Bennett 25.10.23
                                                  Architects & Associates Pty Ltd

                        Amendments        •      The service access deck on the western side of the upper level
                                                 is not approved and must be removed from the plans.
                        CC101             D       Lower Level Plan prepared by Bennett 25.10.23
                                                  Architects & Associates Pty Ltd

                        CC102             E       Upper Level plan prepared by Bennett 27.10.23
                                                  Architects & Associates Pty Ltd

                        CC104             F       Sections & Elevations prepared by 25.10.23
                                                  Bennett Architects & Associates Pty Ltd

                        CC105             E       Elevations prepared by Bennett Architects 26.10.23
                                                  & Associates Pty Ltd

                        Amendments        •      The setback to the western boundary for the living. Kitchen,
                                                 pantry and laundry area must be increased to a minimum of 2m


                                                                                                       Page 2 of 7
Document Set ID: 22715975
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Page 3

                                                   for that section of building 4.5m high and above. Alternatively,
                                                   the building lowered to less than 4.5m for this area.
                      *(Refer to Advisory Note)
                      Building Height
               4.     The maximum height of the development must not exceed 8 metres above the ground level.
               5.     Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
                      certifies that the building does not exceed the maximum height requirement of this Decision
                      Notice.
                      Boundary Wall
               6.     The garage wall within the boundary clearance must not exceed 9 metres in length and have
                      a mean height* of not more than 3.5m
                      *(Refer to Advisory Note)
                      Performance Bond
               7.     Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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.
                      Streetscape
               8.     Any shipping containers, railway carriages or similar must be placed behind the dwelling
                      house and not visible from the street.
                      Lighting Amenity
               9.     No flood lighting must be used on site. Any vertical illumination resulting from direct, reflected
                      or other incidental external lighting emanating from the site must not exceed 8 lux when
                      measured at any point 1.5 metres outside the boundary and at any level from ground level
                      upward.
                      Environment
               10.    Sediment or any other material including building materials or waste products must not be
                      deposited or released into the road reserve, stormwater drain or adjacent properties.
                      Landscaping Works
               11.    A minimum of 20% of the site must be retained as soft landscaping.
               12.    Existing trees on the site must be retained, except where required to be removed to
                      accommodate the approved dwelling.
               13.    Existing vegetation in the road reserve must be retained, unless written authorisation from
                      Council is granted for the clearing.
                      Site Access and Driveways
               14.    A sealed access driveway must be provided from Dolphin Crescent to all parking and
                      manoeuvring areas of the development. The works must be undertaken in accordance with
                      an Operational Works approval and must:
                      a.      be generally in accordance with Bennett Architect’s Lower Level Plan (CC101, Rev. D)
                              and Council’s standard drawings RS-049 & RS-050;
                      b.      identify the required street trees on the proposal plans;
                      c.      include the removal of the existing vehicle crossover; and
                      d.      include the reinstatement of the verge and kerb and channel.


                                                                                                          Page 3 of 7
Document Set ID: 22715975
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Page 4

                      Landscaping
               15.    The development must provide two street trees along the frontage of the subject site and
                      comply with Council’s relevant standards prior to the use commencing. The street tree(s)
                      must:
                      a.      Be a minimum 45 litre pot size;
                      b.      Be located as to not adversely affect the sight distances of vehicles or any existing
                              infrastructure;
                      c.      Be one of the following species:
                              i.       Acronychia imperforate;
                              ii.      Alectryon coriaceous;
                              iii.     Backhousia myrtifolia;
                              iv.      Callistemon viminalis; or
                              v.       Banksia intergrifolia; and
                      d.      Meet the requirements outlined in AS2303 – Tree Stock for landscape use.
                      Easements
               16.    Unless otherwise agreed in writing by the relevant service provider, any public or third party
                      infrastructure located on the subject site must be placed within an easement registered
                      against the title of the property.
               17.    All easements must be designed in accordance with the planning scheme and granted at no
                      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
                      documentation must be in accordance with the Grantee’s standard easement terms. Draft
                      easement documentation must be submitted to Council for endorsement.
               18.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Earthworks and Retaining Walls
               19.    All fill and associated batters must be contained entirely within the subject site unless written
                      permission from the respective landowner(s) is provided to Council. All earthworks must be
                      undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on
                      Earthworks for Commercial and Residential Developments.
                      Damage to Services and Assets
               20.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.
                      Rooftop Terrace
               21.    The proposed rooftop terrace planters must be planted and maintained at all times, with
                      replacement planting undertaken promptly where plants fail or do not have a healthy and
                      vigorous growth.




                                                                                                         Page 4 of 7
Document Set ID: 22715975
Version: 4, Version Date: 06/12/2023

Page 5

                                       REFERRAL AGENCY RESPONSE – RAP23/0010
               The proposed development requires referral to Council for building work under Table 3 for the
               variation to the building setbacks and proposed rooftop terrace.
               You are advised that:
               1.     Council requires that any development approval for building work is subject to the conditions
                      stated in the development approval for DBW23/0056
                      Currency Period for Referral Agency Response
               2.     This Concurrence Agency response is no longer valid if the use has not commenced within
                      4 years of the date of this notice, unless otherwise extended in writing by Council.
               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:
                      Building and Construction Industry (Portable Long Service Leave) Levy
               1.     The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Co-ordination of Operational Works Assessment
               2.     Additional application fees apply to Operational Work applications where the different
                      aspects of the works are lodged separately. Significant savings in application fees will result
                      if all works are lodged in a single application.
                      Preparation of a Preliminary Construction Management Plan
               3.     A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a.      Traffic management during construction;
                      b.      appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                              Devices (MUTCD); and
                      c.      provision for safe vehicle and pedestrian access across the frontage of the site both
                              during daily construction and after daily construction has ceased.
                      Resubmission of Amended Plans Required
               4.     The conditions of this Decision Notice require resubmission of plans to Council with
                      amendments. Please address the amended plan/s to Council’s Development Assessment
                      Branch with the Reference No. DBW23/0056 & RAP23/0010, separate to any Operational
                      Works application. To avoid delays and assessment issues with the Operational Works
                      application, it is recommended the plan/s be resubmitted prior to lodgement of any
                      Operational Works application. However, should the plans not be submitted, the applicant is
                      advised that a Preliminary Approval may be issued in lieu of a Development Permit.
                      Sustainability
               5.     Council encourages sustainable and energy efficient building design for all development,
                      including the use of sustainable building materials, energy efficient fittings, solar hot water,
                      photovoltaic systems (including the use of inverter/charges), solar panels, water saving
                      devices and rainwater harvesting.
                      Mean Height
               6.     Mean height means the vertical height as defined by the Queensland Development Code.


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Page 6

                      Fires in Urban Areas
               7.     In urban areas fires are prohibited except where in an appliance is used for domestic heating
                      or cooking purposes, which must comply with particular standards. Any area identified as a
                      fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
                      Law No. 3, Schedule 3. Refer to the following link for details:
                      https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
                      Infrastructure Charges
               8.     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.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required             Subject of the required Development Permit

                Development Permit for Operational Works        Driveway

                Development Permit for Building Works           All building works.

               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.
               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.
               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,




               Samuel Osakwe
               Development Planner

               Enc:   Appeal Rights
                      Approved Plans/Documents



                                                                                                       Page 6 of 7
Document Set ID: 22715975
Version: 4, Version Date: 06/12/2023

Page 7

               DECISION NOTICE HISTORY
               •   Original Decision Notice – 18 October 2023.
               •   Negotiated Decision Notice – 5 December 2023, with an amendment to conditions 3 & 14 and additional condition 21.




                                                                                                                               Page 7 of 7
Document Set ID: 22715975
Version: 4, Version Date: 06/12/2023

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