Minor Change Existing Approval 132006.1165.02

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296486
Our Reference:	132006.1165.02 : JELDER
Your Reference:	20210105
14 July 2021
Pacific BCQ
PO Box 1901
NOOSAVILLE BC  QLD  4566

[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 7 April 2021, 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:	132006.1165.02
Street address:	67 Seaview Tce Sunshine Beach Qld 4567
Real property description:	Lot 71 RP 81810
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 19 September 2006.
Development Permit for Material Change of Use – Detached Housing.
In relation to the request to make a minor change to the existing approval, Council on 7 July 2021, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend condition 1.
currency period of approval
The currency period for this development approval is stated in Condition 14 of the Assessment Manager Conditions.
assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled and numbered Site Plan 250905-001C dated June 2006, Floor Plan (Lower) 250905-002C dated June 2006, Floor Plan (Upper) 250905-003C dated June 2006, Floor Plan (Lower) 250905-004C dated June 2006, Roof Plan 250905-005C dated June 2006, Elevation (East) 250905-006D dated July 2006, Elevation (South) 250905-007D dated July 2006, Elevation (North) 250905-008C dated June 2006, Elevation (West) 250905-009C dated June 2006, Section 250905-010B dated June 2006 prepared by Harris Designs and Communications Pty Ltd and as may be amended by these conditions.
Additional Plans - 16 January 2019
Plan No.	Rev.	Plan/Document Name	Date
250905-001C	C	Site Plan, drawn by Harris Designs and Communications Pty Ltd Updated with annotations by applicant	June 2006
A101	-	Lower Floor Plan	11/9/18
A102	-	Upper Floor Plan	11/9/18
A103	-	Elevations	11/9/18
Additional Plans – July 2021
Plan No.	Rev.	Plan/Document Name	Date
AO101	-	Lower Floor Plan, drawn by Windrim Building	25/05/21
AO103	-	Elevations, drawn by Windrim Building	25/05/21
AO106	-	Site Plan, drawn by Windrim Building	25/05/21
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
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.   In this regard, the proposed development shall ensure compliance with Condition 4 of Council’s Siting Approval dated 21 June 2004 in which the existing Pandanus trees located within the road reserve are to be retained.  However, should these trees be required to be removed to allow for driveway access, each tree removed shall be replaced with one of the same species having a pot size of at least 100 Litres each.  The trees shall be replanted within the road reserve to provide suitable screening to the pool and deck.
Fencing shall not exceed a maximum height of 2 metres above natural ground level.
The Detached House shall not exceed a maximum height of 2 storeys and 8 metres measured from natural ground level.
The proposed development shall ensure compliance with Conditions 2 & 3 of Council’s Siting Approval dated 21 June 2004 in which the swimming pool is to have a water edge setback of at least 1.5 metres and decks to be setback at least 4 metres from the front property boundary.  Further, the coping of the swimming pool is not to exceed 2.3 metres in height above natural ground level at the south eastern corner of the pool.
Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are not constructed under overhead electricity transmission lines, or within any easements.
External materials and finishes of the Detached House shall comprise of muted earth/environmental tones.
A rainwater storage tank with a minimum capacity of 3000 litres shall be provided on site to service the detached house.  The tank is to be installed to ensure water from the tank can be used both:
for external use such as watering gardens, irrigation, ornamental ponds or water features, topping up swimming pools, outdoor cleaning; and
for use in flushing of toilets internal to the building.
The development shall be carried out in accordance with the recommendations of the Soil Test & Footing Report dated 16 May 2006 and Slope Stability Report dated 22 August 2006 prepared by SCG Consulting Engineers.
The use of vibration causing construction techniques for excavating, earthmoving or compaction, including vibrating rollers, is not permitted.
The external wall of the Store to be built within 750 mm of the northern side boundary is to be of maintenance free construction as per Clause A6 of the Queensland Development Code (QDC) 12.
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be submitted, 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.
The Development Permit for a material change of use of premises lapses if the use has not happened by 19 September 2010, unless an application to extend the currency is approved by Council.
15.	To ensure privacy is protected between the adjoining properties, any window opening located on the external walls of the bedroom and ensuite addition that presents opportunities for residents to overlook the private open space area of neighbouring properties or impact the privacy of the residents of the subject property must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen
referral agencies
Not applicable.
advisory notes
THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM CONDITIONS OF APPROVAL
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
Prior to the commencement of the development, a plumbing assessment must be obtained from Noosa Council’s Plumbing Services Section in accordance with the Plumbing and Drainage Act 2002 (as applicable).
Fencing to the future swimming pool must comply with the Queensland Building Act 1975 Part 3 (as amended) and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the pool enclosure is not permitted.
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
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,

Wilhelm Koschade
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice - 132006.1165 - 19 September 2006
Decision Notice - Minor - 132006.1165.01- 16 January 2019 - with an amendment to condition 1 and additional condition 15.
Decision Notice - Minor - 132006.1165.01- 7 July 2021 - with an amendment to condition 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]	
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