SUPERSEDED - Minor Change Existing Approval 51995.1490.05

Officer: 	Maxwell Potter
Direct Telephone: 	07 5329 6334
Our Reference:	51995.1490.05 : JELDER
Your Reference:	02847
5 May 2021
MP Edwards
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

[email protected]
Dear Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 18 March 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:	51995.1490.05
Street address:	1/3 Parkedge Rd Sunshine Beach Qld 4567
Real property description:	Lot 1 GTP 105103
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 23 March 1995. Town Planning Consent – Duplex dwelling.
In relation to the request to make a minor change to the existing approval, Council on 27 April 2021, decided to approve the requested changes. The changes are detailed below.
Include additional condition 18.
Note the report is provided in accordance with Section 83(9) of the Planning Act 2016
currency period of approval
Not applicable.

assessment manager conditions
To be read with TPC 2816 – copy attached.
Unit 1
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are labelled Pool Plan, Drawing No A-WD-1.05 Ref T1 and Site Plan, Drawing No A-WD-1.01 Ref T2, Project No.0512 prepared by In A Space Architecture & Design and dated 4 July 2005 and as may be amended by these conditions.
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 are to be retained, except where required to be removed due to building operations and the development of the lawn area.
Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:-
Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres between edges of heaps.
Disposal for firewood.
Disposal for landscaping purposes.
Transport to alternative site for breaking down materials provided that all necessary permits have been obtained to allow the alternate site to be used for this purpose.
The disposal method for clearing works is to be submitted in conjunction with an application for a Development Permit for Operational Work. The Applicant is advised that other methods may be considered provided full details of the method are submitted.
The Applicant is advised that burning off is an unacceptable method of disposal.
The deck areas shall not be enclosed with shutters, glass panelling or the like, thus remaining as an open structure.
The deck and pool additions are not to exceed 1.0 metre above natural and finished ground level.
Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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 requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
Land Development
Sewer
The existing sewer main that traverses the site and the ‘zone of influence’ (taken as the area within a 45-degree angle measured from the invert of the sewer main to the finished surface level) shall be accurately located and determined by a suitably qualified person and shown on all plans submitted for Development Permit for Building approval.
To ensure Council’s sewer main is accessible for maintenance purposes and is protected from risk of damage no structures requiring a building permit (eg. buildings, swimming pools, retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within this ‘zone of influence’.
The design plans of the foundations for the proposed swimming pool shall be prepared and certified by a suitably qualified and experienced Registered Professional Civil Engineer ensuring that the proposed works will not impart any additional loads onto the existing sewer main, and are in compliance with the recommendations and the findings of the Geotechnical Engineering Report by Soil Surveys Engineering Pty Ltd dated 31 January 1995 Ref: 4199DQ Job Number: 395-0442 that was submitted with the initial application TPC 2816 of 1995.
Earthworks
Earthworks and drainage works carried out on site shall not compromise the stability of the site or the structural integrity of any of the existing fences or structures that border the development site and be in compliance with the recommendations and the findings of the Geotechnical Engineering Report by Soil Surveys Engineering Pty Ltd dated 31 January 1995.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.
The proposed works and associated earthworks shall not adversely impact on the existing drainage conditions on the site or on the adjoining properties.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary. In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Building Works.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Building Services
Fencing to the 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.
Further development permits required
Prior to the commencement of development, the following Development Permits must be obtained:-
Development Permit for Building Works.
Additional condition – 27 April 2021
Approved Plans
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
A1.01	A	Site Plan New, prepared by the applicant	14/02/2021
A2.09	.	Lower Gym – Rumpus Floor Plan, prepared by the applicant	10/04/2021
A2.10	B	Lower Ground Floor Plan, prepared by the applicant	14/02/2021
A2.11	B	Ground Floor Plan, prepared by the applicant	14/02/2021
A2.12	B	First Floor Plan, prepared by the applicant	14/02/2021
A2.13	A	Roof Plan, prepared by the applicant	14/02/2021
A2.14	A	Site Cover New, prepared by the applicant	14/02/2021
A2.20	A	Lot 2 Site Cover and GFA, prepared by the applicant	14/02/2021
A3.01	A	Elevations, prepared by the applicant	14/02/2021
A3.02	.	Elevations, prepared by the applicant	14/02/2021
A3.03	.	Elevations, prepared by the applicant	07/03/2021
A4.00	A	Section, prepared by the applicant	14/02/2021

Unit 2
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development.
Plan No.	Rev.	Plan/Document Name	Date
WD1.1	A	Title Sheet – GEPDC	13 May 2009
WD1.2		Plans – GEPDC	13 May 2009
WD2.1		Cross Section – GEPDC	13 May 2009
WD2.2		Detail Section – GEPDC	13 May 2009
WD2.3		Fence elevation	13 May 2009
General
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.
Any alteration of any public utility or other facilities necessitated by the building works or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Landscaping
The existing landscaped garden to the pool courtyard shall be retained.
Earthworks
Earthworks required on site shall be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences and/or structures and/or services and/or lands that border the development site. Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing and controlled disposal of waste, will be necessary.
Noise Nuisance
Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
Further Permits Required
Prior to the commencement of development, a Development Permit for Building Works must be obtained.
referral agencies
Not applicable.
advisory notes
Unit 1
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 & Drainage Act 2002 (as applicable).
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.
Swimming pools spa pumps are to be contained in an acoustically treated enclosure or located in a manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences
Noise from building works associated with commercial and or industrial development should comply with the following –
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
Unit 2
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:-
1.1. On a Sunday or public holiday, at any time; or
1.2. 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.3 of 3
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 & Drainage Act 2002 (as applicable).
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
Listed in conditions
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,

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 23 March 1995 – TPC 2816
Decision Notice - Minor – 51995.1490.02 – 30 December 2005, Unit 1 - with an amendment to conditions 1, 2, 3, 4, 5, 6, 7, 8, 9,10, 11, 12, 13, 14, 15, 16 & 17.
Decision Notice – Minor Change – 51995.1490.04 – 20 August 2009, Unit 2 - with an amendment to conditions 1 and additional conditions 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10
Decision Notice – Minor Change – 51995.1490.05 – 27 April 2021, Unit 1 - with an additional conditions 18

	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]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL