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Extension to Currency Period - DBW19 0003 01

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                                                                            Officer:             Samuel Osakwe
                                                                            Direct Telephone:    07 53296316
                                                                            Our Reference:       DBW19/0003.01
                                                                            Your Reference:      n/a

                 10 January 2024


                 Coastal Building Certifications Pty Ltd
                 C/- Coastal Building Certifications Pty Ltd
                 10 Akounah Cres
                 BUDDINA QLD 4575

                 [email protected]



                 Dear Sir
                                             Extension to Currency Period
                                                       Planning Act 2016

                 I refer to your request received on 12 October 2023, to extend the currency period for an
                 existing development approval. On 8 January 2024, Council decided to approve your request.
                 Details of the decision are as follows:
                 1.      APPLICATION DETAILS

                     Application No:            DBW19/0003.01

                     Street address:            11 Crusoe Ct, Castaways Beach

                     Real property description: Lot 98 MCH 807481

                     Planning Scheme:           Noosa Plan 2020 (25 September 2020)

                 2.      DECISION DETAILS

                 The following type of approval was issued on 25 October 2019.
                 •       Development Permit for Building Work - Additions to Detached House (Coastal
                         Protection)
                 In relation to the request to extend the currency period for this approval, Council on 8 January
                 2024, decided to extend the currency period as detailed below.
                 A.      Approve the extension to the currency period for 1 year.
                 B.      Amend condition 5.
                 3.      CURRENCY PERIOD OF APPROVAL

                 The currency period for this development approval is stated in the conditions below.




                 ABN 97.969.214.121                                                                    PO Box 141
                 noosa.qld.gov.au                                                               Tewantin QLD 4565
                 [email protected]                                                               07 5329 6500
Document Set ID: 22758752                                                                                        Page 1 of
                  6 Date: 10/01/2024
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                 4.     ASSESSMENT MANAGER CONDITIONS

                        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.
                        Approved Plans
                 2.     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

                           C0.0              -      Services, drawn by Chris Clout Design       11.10.19

                           C1.0              -      Lower Floor Plan, drawn by Chris Clout 11.10.19
                                                    Design

                           C2.0              -      Ground Floor Plan, drawn by Chris Clout 11.10.19
                                                    Design

                           C3.0              -      Upper Floor Plan, drawn by Chris Clout 11.10.19
                                                    Design

                           C4.0              -      Roof Plan, drawn by Chris Clout Design      11.10.19

                           C5.0              -      Elevations, drawn by Chris Clout Design     11.10.19

                           C6.0              -      Elevations, drawn by Chris Clout Design     11.10.19

                           C7.0              -      Section, drawn by Chris Clout Design        11.10.19

                        Building Height
                 3.     The maximum height of the development must not exceed 8 metres above the finished
                        ground level and the natural ground surface.
                 4.     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.
                        Currency Period
                 5.     The Currency Period for this development approval lapses if all conditions have not been
                        complied with by 1 November 2024, unless an application to extend the currency period
                        is approved by Council.
                        Performance Bond
                 6.     Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
                        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.




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                        Pavilion structure
                 7.     The Pavilion structure located with a zero setback to the northern boundary must be
                        setback a minimum of 1.5 metres from the northern side boundary and 6 metres from
                        the front boundary.
                        External Earthworks
                 8.     Earthworks external of the building at the location of the bathroom and bedrooms on the
                        south elevation must be backfilled and reinstated to natural ground level, so as the
                        building does not appear as three storeys.
                        Privacy - Roof Top Terraces
                 9.     Roof top terraces must not overlook the private open space areas of neighbouring
                        properties.
                        Landscaping
                 10.    A minimum of 20% of the site must be retained as soft landscaping.
                 11.    Existing trees on the site must be retained, except where required to be removed to
                        accommodate the approved dwelling. In this regard, the removal of vegetation must not
                        extend beyond 3 metres of the building footprint.
                 12.    Existing vegetation in the road reserve must be retained, unless written authorisation
                        from Council is granted for the clearing.
                 13.    Trees to be retained must be protected from clearing or construction activities by:
                        a.      clearly marking vegetation to be retained with flagging tape
                        b.      installing protective fencing around the drip line of the vegetation
                        c.      restricting stockpiling, storage and vehicle parking to those areas which are
                                already cleared
                        d.      using low impact construction techniques around vegetation.
                 14.    Screening vegetation must be planted along the northern boundary between the pavilion
                        structure and the property boundary in accordance with Council’s Planning Scheme
                        Policy PSP3 Landscaping Plants and Guidelines. The planted vegetation must have a
                        minimum pot size of 45 litres and consist of native, endemic species with a mature height
                        of not less than 4 metres and maximum spacing of 1.5 metre centres.
                        Coastal Protection
                 15.    External colours and finishes of the building must comprise of muted/environmental
                        tones that blend with the natural environment, as detailed in the approved plans.
                 16.    A mix of native landscaping, such as ground covers, shrubs and trees, must be
                        provided/retained for a width of 5m from the rear boundary of the site. Plantings must
                        be in accordance with Councils Planning Scheme Policy PSP03 Landscaping plants and
                        guidelines.
                        Site Access and Driveways
                 17.    A sealed access driveway must be provided from Crusoe Court to all parking and
                        manoeuvring areas of the development. The works must be undertaken in accordance
                        with Council’s standard drawings and a Council standard vehicle crossover approval.




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                        Stormwater Drainage
                 18.    Stormwater runoff from the development must be disposed of on-site without causing
                        scour or damage to the subject site or any adjoining property. The works must be
                        constructed generally in accordance with the drawing titled Stormwater Management
                        Plan, CC03.002 prepared by Construction Hydraulic dated 8 March 2019.
                        Earthworks and Retaining Walls
                 19.    Earthworks carried out on site must not affect the structural integrity of any of the existing
                        fences and/or structures and/or lands that border the development site.
                 20.    All earthworks and associated retaining structures/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.
                 21.    All retaining walls must be designed and constructed in accordance with the planning
                        scheme and must be certified by an RPEQ where exceeding 1.0m in height.
                        Geotechnical Stability
                 22.    All works must be carried out in accordance with the recommendations contained in:
                        a.      The Slope Stability Assessment, report number 28158(SL) prepared by SCG
                                Consulting Engineers dated 1 March 2019, and
                        b.      The Soil Test and Footing Report, report number 28158(S).RevA prepared by
                                SCG Consulting Engineers dated 7 March 2019.
                 23.    At the completion of the works certification must be submitted to Council from a qualified
                        person* which certifies that the development has been constructed in accordance with
                        the recommendations contained in The Slope Stability Assessment, report number
                        28158(SL) prepared by SCG Consulting Engineers dated 1 March 2019 and The Soil
                        Test and Footing Report, report number 28158(S).RevA prepared by SCG Consulting
                        Engineers dated 7 March 2019 and that the development has a minimum factor of safety
                        against landslip of 1.5 in the long term.
                        *(Refer to advisory Note)
                        Damage to Services and Assets
                 24.    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.
                 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:




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Page 5

                          Qualified Person
                 1.       For the purpose of preparing a Geotechnical Report, and for certifying geotechnical
                          stability for the development, a qualified person is considered to be a person who:
                          a.      is a Registered Professional Engineer of Queensland (RPEQ); and
                          b.      has a degree in civil engineering or engineering geology; and
                          c.      has a minimum of 5 years experience in the field of geotechnical engineering or
                                  engineering geology.
                 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 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.
                 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,




                 for Samual Osakwe
                 Development Planer



                 Enc:     Appeal Rights

                 DECISION NOTICE HISTORY
                 •     Original Decision Notice – 25 October 2019.

                 •     Decision Notice – Extension to Currency Period – DBW19/0003.01 – 8 January 2024, with an amendment to condition 5.




Document Set ID: 22758752
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Page 6

                                                                                Appeal Rights
                                                                                PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (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 –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               228 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –
                                                                                                      1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and
                                                                                                      application; and
                   (b) The person-
                                                                                                  (e) each person who may elect to become a co-respondent for the
                         (i)   who may appeal a matter (the appellant); and                           appeal, other than an eligible submitter who is not a principal
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the
                                                                                                      person who the registrar considers appropriate.
                              matter.
                                                                                              (4) The service period is –
               (Refer to Schedule 1 of the Planning Act 2016)
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (2) An appellant may start an appeal within the appeal period.
                                                                                                      Court – 2 business days after the appeal has started; or
               (3) The appeal period is –
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                              (5) A notice of appeal given to a person who may elect to be a co-
                       days after a decision notice for the decision is given to the
                                                                                                  respondent must state the effect of subsection (6).
                       agency; or
                                                                                              (6) A person elects to be a co-respondent by filing a notice of election,
                   (b) for an appeal against a deemed refusal – at any time after the
                                                                                                  in the approved form, within 10 business days after the notice of
                       deemed refusal happens; or
                                                                                                  appeal is given to the person.
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                              230 Other appeals
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                       section 269(3)(a) or (4); or                                               the Supreme Court decides a decision or other matter under this
                                                                                                  Act is affected by jurisdictional error, the decision or matter is non-
                   (d) for an appeal against an infrastructure charges notice – 20
                                                                                                  appealable.
                       business days after the infrastructure charges notice is given
                       to the person; or                                                      (2) The Judicial Review Act 1991, part 5 applies to the decision or
                                                                                                  matter to the extent it is affected by jurisdictional error.
                   (e) for an appeal about a deemed approval of a development
                       application for which a decision notice has not been given –           (3) A person who, but for subsection (1) could have made an
                       30 business days after the applicant gives the deemed                      application under the Judicial Review Act 1991 in relation to the
                       approval notice to the assessment manager; or                              decision or matter, may apply under part 4 of that Act for a
                                                                                                  statement of reasons in relation to the decision or matter.
                   (f)   for any other appeal – 20 business days after a notice of the
                         decision for the matter, including an enforcement notice, is         (4) In this section –
                         given to the person.                                                     decision includes-
               Note –                                                                             (a) conduct engaged in for the purpose of making a decision; and
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (b) other conduct that relates to the making of a decision; and
                   period.
                                                                                                  (c) the making of a decision or failure to make a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (d) a purported decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (e) a deemed refusal.
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  non-appealable, for a decision or matter, means the decision or
                   withdraw from the appeal.
                                                                                                  matter-
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  (a) is final and conclusive; and
                   infrastructure charges notice must not be about-
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (a) the adopted charge itself; or
                                                                                                      set aside or called into question in any other way under the
                   (b) for a decision about an offset or refund-                                      Judicial Review Act 1991 or otherwise, whether by the
                                                                                                      Supreme Court, another court, a tribunal or another entity; and
                         (i)   the establishment cost of trunk infrastructure identified in
                               a LGIP; or                                                         (c) is not subject to any declaratory, injunctive or other order of
                                                                                                      the Supreme Court, another court, a tribunal or another entity
                         (ii) the cost of infrastructure decided using the method
                                                                                                      on any ground.
                              included in the local government’s charges resolution.
                                                                                              231 Rules of the P&E Court
               229 Notice of appeal
                                                                                              (1) A person who is appealing to the P&E Court must comply with the
               (1) An appellant starts an appeal by lodging, with the registrar of the
                                                                                                  rules of the court that apply to the appeal.
                   tribunal or P&E Court, a notice of appeal that-
                                                                                              (2) However, the P&E Court may hear and decide an appeal even if
                   (a) is in the approved form; and
                                                                                                  the person has not complied with the rules of the P&E Court.
                   (b) succinctly states the grounds of the appeal.
               (2) The notice of appeal must be accompanied by the required fee.




Document Set ID: 22758752
Version: 3, Version Date: 10/01/2024                                                                                                                 Page 6 of 6

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