Minor Change Existing Approval DBW18 0004.03 · DBW18/0004.03

Officer: 	Billy Glover
Direct Telephone: 	07 53296109
Our Reference:	DBW18/0004.03
Your Reference:	n/a
28 September 2020
Hampton Homes
C/- Adapt Planning
PO Box 7618
SIPPY DOWNS  QLD  4556
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 30 July 2020, requesting a minor change to an existing development approval. Council on 24 September 2020, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	DBW18/0004.03
Street address:	11 Webb Rd Sunshine Beach Qld 4567
Real property description:	Lot 2 RP 175654
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 27 April 2018
Development Permit for Building Work – Extensions and Alterations to Detached House
In relation to the request to make a minor change to the existing approval, Council on 24 September 2020, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend conditions 2 and 3
currency period of approval
The currency period for this development approval is 2 years starting the day that the original development approval (DBW18/0004) took 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
100	L	Site Plan, drawn by tk	5/10/2018
201	L	Ground Floor Plan, drawn by tk	5/10/2018
204	L	First Floor Plan, drawn by tk	5/10/2018
206	L	Roof Plan, drawn by tk As annotated by Council	5/10/2018
207	M	Pool Plan(m), drawn by tk	28/06/2019
208	M	Pool Elevations(m), drawn by tk	28/06/2019
300	L	Elevations Sheet 1, drawn by tk As annotated by Council	5/10/2018
301	L	Elevations Sheet 2, drawn by tk As annotated by Council	5/10/2018
400	L	Sections Sheet 1 of 3, drawn by tk As annotated by Council	5/10/2018
401	L	Sections Sheet 2 of 3, drawn by tk As annotated by Council	5/10/2018
402	L	Sections Sheet 3 of 3, drawn by tk	5/10/2018
J000533	E	2.0 Landscape Plan – Street Level	1 July 2019
J000533	E	2.0 Landscape Plan – Beach Level	1 July 2019
J000533	E	3.0 Plant Species Palette - indicative	1 July 2019
J000533	E	3.0 Plant Species Palette - indicative	1 July 2019
AP.03	C	Site Plan / Sections (Approved Height)	30/07/20
AP.04	B	Original Contour Overlay (Approved Height)	30/07/20
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and not exceed 2 storeys. Except for:
The northern chimney column which must not exceed 9.018 metres above the natural ground surface.
The upper roof peaks above the lounge and the verandah, which must not exceed 8.108 and 8.409 metres above the natural ground surface, as detailed in approved plans AP.03 and AP.04 and dated 30/07/20.
In this regard, the additional hip roof above the pantry, ensuite and master bedroom stairs must not exceed 8 metres above the natural ground level and must not result in a building that exceeds 2 storeys (any such space that exceeds a vertical dimension of 5m comprises more than 1 storey) (plans dated 5/10/2018).
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $2,000 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.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
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 3 metres of the building footprint.
Deleted.
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.
Earthworks
Other than for accessways, filling must not extend more than 1 metre beyond the footprint of the approved dwelling/structure when measured from its outer walls.
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.
Geotechnical Stability
All works must be carried out in accordance with a Geotechnical Report for the site prepared by a qualified person*. Certification must be submitted to Council from a qualified person* which certifies that the site is not at risk from landslide emanating from the site or from other land.
*(Refer to Advisory Note)
Coastal Protection
Gates must not be installed along the rear property boundary to gain direct access to the beachfront.
External colours and finishes of the buildings and structures must comprise of muted/environmental tones that blend with the natural environment.
Additional Conditions - 15 January 2019
Coastal Protection
Structures or retaining walls must not encroach the 6 metre setback from the seaward/eastern rear boundary.
A mix of native landscaping, such as ground covers, shrubs and trees, must be provided 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.
Fencing
Any fencing on the rear boundary adjacent to the beachfront must be:
a) no more than 1.2m in height;
b) open construction (ie at least 50% transparent);
c) lightweight materials (ie timber); and
d) dark colours to blend with the natural landscape.
Gazebo, Pool & Hardstand Area
Any hardstand area, raised garden/s or any structure and the like over 1 metre in height from natural ground must be setback a minimum of 1.5 metres to the southern side boundary.
19. 	Any hardstand area, raised garden/s or any structure and the like over 1 metre in height from natural ground must be setback a minimum of 1.5 metres to the northern side boundary.
20. 	The gazebo, pool, hardstand area or any structure or any part of any structure must be setback a minimum of 6 metres to the eastern rear boundary.
21. 	Dense landscaping must be established within the northern and southern setback areas to the east of the main building line in accordance with Councils Planning Scheme Policy PSP03 Landscaping plants and guidelines.
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.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Private Building Certification
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

Billy Glover
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 27 April 2018.
Decision Notice - Minor DBW18/0004.01 – 15 January 2018 – Amend condition 2, 3 & 14 and include additional conditions 15-21
Decision Notice - Minor – DBW18/0004.02 – 18 September 2019 – Amend condition 2 & 18
Decision Notice - Minor – DBW18/0004.03 – 24 September 2020 – amend conditions 2 & 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