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Extension to Currency Period - DBW19 0003 01
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
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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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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.
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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.
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