Minor Change Existing Approval MCU14 0092.02

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU14/0092.02
Your Reference:	229291
31 August 2022
VJ Taylor
C/- Cadcon Surveying & Town Planning
PO Box 5774
MAROOCHYDORE BC  QLD  45580
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 27 July 2022, 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:	MCU14/0092.02
Street address:	3 Figbird Ct Lake Macdonald Qld 4563
Real property description:	Lot 2 SP 266744
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 12 March 2015
Development Permit for Material Change of Use of Premises – Detached House
In relation to the request to make a minor change to the existing approval, Council on 30 August 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 3
currency period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
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
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
J238-02		Site Plan, prepared by Dall Designer Homes	03/02/2022
J238-01		Elevations, prepared by Dall Designer Homes	03/02/2022
J238-03		Floor Plan, prepared by Dall Designer Homes	03/02/2022
J238-06		Sections, prepared by Dall Designer Homes	03/02/2022
DA-05	A	Proposed Shed, prepared by Tulip Design QLD	16.01.15
DA-06	A	Elevations, prepared by Tulip Design QLD	16.01.15
L1.01	A	Landscape Plan, prepared by Tulip Design	June 2022
Setbacks
The maximum setback to the most south eastern point of the building (including the pool) must not exceed 122 metres from the front boundary.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building/s do not exceed the maximum setback requirement of this Decision Notice.
Shed
No vegetation to be removed for the construction of the shed.
Performance Bond
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.
Rehabilitation
Existing trees on the site and within road reserves 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 10 metres of the building footprint.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Rehabilitation Works must be undertaken in accordance with Planning Scheme Policy PSP3 Landscaping Plants and Guidelines and the Landscape Plan. In this regard an amended Landscape Plan must be submitted to Council prior to the issue of the Development Permit for Building Works. The amended Landscape Plan must include the following:
rehabilitation works to an area 25m from the south east boundary (Lake Macdonald boundary) and 25m from each side of the invert of the finger gully that runs from the south east boundary toward the north
planting density must be 1 tree at 3m centres and shrubs at 1.5m centres
plant species generally as indicated in the Planting Schedule on the Landscape Plan, Numbered L1.01 prepared by Tulip Design and dated 21 June 2014 and as annotated by Council.
75mm tube stock (pot size) plants.
Rehabilitation works must meet the following Performance Criteria for:
Year One – 12 months after installation:
Planted trees have achieved an average height of 1m.
Planted shrubs have achieved an average height of 0.4m.
Upon compliance of the year one criteria 20% ($2,000) of the performance bond may be requested to be returned.
Year Two - 24 months after the installation:
Planted trees have achieved an average height of 2m.
Planted shrubs have achieved an average height of 1m.
Upon compliance of the year two criteria 20% ($2,000) of the performance bond may be requested to be returned.
Year Three - Final acceptance installation:
Planted trees have achieved an average height of 3m.
Planted shrubs have achieved an average height of 1.2m.
Canopy and / or vegetative strata must not be devoid for any area greater than 1.0m2 within any 10m2 sample.
Plant density shading out and/or self-mulching.
The duration of the establishment period:
Adherence to a maintenance regime for rehabilitation and revegetation areas
No evidence of woody weeds reshooting from stumps, poisoned trees or the regrowth of cut stumps.
No evidence of over-weeding or impact on non-target species
Weed infestations less than 5% of the rehabilitation areas.
Any failed plants within the previous 12 month period have been replaced.
Healthy and vigorous growth allowed to grow to full form.
Mulch layer sufficient to suppress weeds.
Access driveway
The redundant access track must be rehabilitated in accordance with Planning Scheme Policy PSP3 – Landscaping Plants and Guidelines. In this regard the access track must be planted with 1 tree at 3m centres and shrubs at 1.5m centres.
The new driveway must be a maximum of 4m wide through the vegetation and located to an area that minimises vegetation removal. A pre-start meeting must be arranged with Councils delegate prior to any clearing for the driveway.
Prestart meeting
A pre-start meeting with Councils delegate must be conducted. In this regard the pre-start meeting must be organised with Council’s delegate by contacting Council giving at least 5 business days notice. At the time of the pre-start meeting the new access location and vegetation to be removed must be clearly identified.
Earthworks
Earthworks required on site must 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 concentrate or direct overland flow on to an adjoining property.
Effluent Disposal
All effluent disposal infrastructure must be located to the north or north east of the dwelling (on the down slope to the north).
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
referral agencies
Not Applicable
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council to arrange a Development Compliance Inspection.
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 Work (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,

Lisa Pienaar
Development Planner
Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 15 March 2015.
Decision Notice - Minor MCU14/0092.01 – 20 June 2022; Amend conditions 2 & 3; refuse to change existing conditions 6, 9a and 10
Decision Notice – Minor – MCU14/0092.02; 30 August 2022; amend condition 3
	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