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Decision Notice - Minor Change - 51901 4395 04 [As Published]

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                                                                                      Officer:            Jada Lyons
                                                                                      Direct Telephone:   07 532 96527
                                                                                      Our Reference:      51901.4395.04
                                                                                      Your Reference:     2023-27

               4 September 2023


               Danya Cook Town Planning
               C/- Danya Cook Town Planning
               PO Box 9410
               PACIFIC PARADISE QLD 4564
               [email protected]



               Dear Sir/Madam,
                                             Decision Notice – Minor Change
                                                          Planning Act 2016

               I refer to your application received on 16 May 2023, requesting a minor change to an existing
               development approval. Council decided your requested changes.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              51901.4395.04

                   Street address:              Alamode 27 Noosa Parade, Noosa Heads

                   Real property description:   Lot 3 GTP 85

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 23 October 1975.
               •       Town Planning Consent Permit 527 – Multiple Dwelling – 3 Units
               In relation to the request to make a minor change to the existing approval, Council on 30 August
               2023, decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change;
               B.      Amend condition 1.
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

               Original Approved Conditions – Approval Date 28 October 1975
               1.      Comply with all relevant by-laws and policies.
               2.      Restoration of all disturbed areas of the site to satisfaction of Council.

               ABN 97.969.214.121                                                                   PO Box 141
               noosa.qld.gov.au                                                              Tewantin QLD 4565
               [email protected]                                                              07 5329 6500
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               3.     On site covered parking for three vehicles, together with visitors’ parking for one vehicle. The
                      parking layout is not approved as it does not provide for adequate manoeuvring for vehicles
                      on site. Plans and specifications for areas on which vehicles may be driven including footpath
                      crossings to be approved by Shire Engineer prior to issue of a building permit.
               4.     Connection to Council Sewer.
               5.     Connection of stormwater drainage to Council underground drainage to the satisfaction of
                      the Shire Engineer. Plans to be approved by the Shire Engineer prior to issue of a building
                      permit.
               6.     Comply with the reasonable requirements of the Regional Fire Safety Officer.
               7.     This approval is for Town Planning purposes only and must not be taken to imply the issue
                      for a Building Permit or Council consent to an application under the Group Titles Act or
                      Building Unit Title Act.
               8.     This approval will lapse if not availed for within two years.
               9.     A Certificate of Alignment to be submitted with the application for a building permit and/or
                      and Identification Survey to be carried out by an Authorised Surveyor at the time of the
                      foundation inspection.
               Minor Change Approval Conditions – Approval Date 27 August 2004
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are numbered S05a, S06a, S07a and
                      S08a prepared by Rex Oakley Design and dated February 2004 and may be amended by
                      these conditions.
               2.     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.
               3.     Existing trees on the site and within the road reserves are to be retained, except where
                      required to be removed due to building operations or the conduct of the approved use.
               4.     One visitor carparking space is to be provided on site and located parallel to Belli Street and
                      setback a minimum of 2 metres from that boundary.
               5.     The open space and setbacks areas are to be landscaped in accordance with Council’s
                      Policy on Landscaping Guidelines and a properly prepared landscaping plan prepared by a
                      suitably qualified and experienced Landscape Architect or Horticulturalist. Such landscaping
                      is to be completed prior to the premises being occupied and maintained at all times
                      thereafter.
                      5.1. Dense landscaping is to be implemented between the visitor carpark and the Belli
                           Street boundary. This landscaped buffer is to include a mix of native species, with
                           trees (45 litre or larger) and understorey plantings.
                      5.2. A vegetated buffer is to be implemented along the southern boundary.                   This
                           landscaped buffer shall achieve an average height of 2 metres
               6.     The rendered block wall fence along the southern boundary is not to exceed 2 metres in
                      height.
               7.     All fencing shall be setback at least 1 metre from the front property boundary, with at least
                      half of the fencing to be setback 2 metres. The area of the land between the fence and the
                      front property boundary shall be densely landscaped to screen any fencing.
               8.     Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
                      submitted, to secure performance of all conditions of this approval, prior to the issue of a
                      Development Permit for Operational 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.



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               9.     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.
               10.    The developer must obtain all of the other Development Permits referred to in the Decision
                      Notice, prior to obtaining a Development Permit for building works.
               Further Development Permits Required
               11.    Prior to the commencement of development, the following Development Permits must be
                      obtained:-
                      11.1. Development Permit for Building Works;
                      11.2. Development Permit for Operational Works.
               Minor Change Approval Conditions – Approval Date 23 July 2009
               Amend Condition 1 – Approval Date 30 August 2023
               1.     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 and may
                      be amended by these conditions.

                        Plan No.        Rev.    Plan/Document Name                              Date

                        0805 TP101      C       Ground Floor Plan                               6 July 2009

                        0805 TP102      C       First Floor Plan                                6 July 2009

                        0805 TP103      C       Roof Plan                                       6 July 2009

                        0805 TP201      C       Elevations                                      6 July 2009

                        0805 TP202      C       Elevations                                      6 July 2009

                        Minor Change 30 August 2023:

                        -               -       Site Plan, prepared by applicant                17/07/2023

                        -               -       Ground Floor Layout, prepared by applicant      17/07/2023

                        -               -       Upper Floor Layout, prepared by applicant       17/07/2023

                        -               -       South and West Elevations, prepared by 17/07/2023
                                                applicant

                        -               -       North Elevation and Section, prepared by 17/07/2023
                                                applicant

               2.     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.
               3.     The open space and setback areas are to be landscaped in accordance with Council’s Policy
                      on Landscaping Guidelines and a properly prepared landscape plan. Landscaping shall
                      include dense landscaping screening to side boundaries adjacent to the driveway and car
                      parking areas.
               4.     Any new fencing to be constructed near the front property boundary shall be setback at least
                      half a metre with the area between the fence and the front property boundary densely
                      landscaped in order to screen the fencing.



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               5.     Existing trees on the site and within road reserves are to be retained, except where required
                      to be removed due to building operations or the conduct of the approved use.
               6.     Shade sails over resident car parking spaces shall be impervious in surface.
               7.     All vehicles shall enter and leave the site in a forward direction.
               8.     Carparking shall be provided within the site as shown on drawing number TP101 Revision C
                      dated 6 July 2009 prepared by David Teeland Architect.
               9.     The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004
                      for user class 1A with allowance for vehicles to enter and leave the site in a forward gear and
                      with a minimum head clearance (headroom) at any point of 2.2m.
               10.    The proposed manoeuvring area shall be line-marked with chevrons and have the words “No
                      Parking” painted on the pavement.
               11.    The proposed visitor carspace shall be suitably sign posted to indicate that the area is a
                      “Visitor Carspace Only”.
               12.    The proposed carspaces for Units 1, 2 and 3 shall not be enclosed or partitioned. All
                      supporting structures shall be located clear of the carspace and shall not interfere with the
                      necessary vehicle manoeuvring areas within the access driveway.
               13.    The access driveway shall be a minimum of 3.0 metres wide at any point.
               14.    All carparking shall be kept, maintained and line-marked in a condition fit for use.
               15.    The access driveway shall be constructed a minimum of 500mm clear of the hydrant located
                      in the Belli Court road reserve.
               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:
               Minor Change Approval Advisory Notes – Approval Date 27 August 2004
               1.     Payment via credit card transaction will not be an acceptable method of payment for
                      development contributions conditioned in this permit.
               2.     The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from
                      making noise from: -
                      2.1. Monday to Saturday, before 7:00am or after 6:30pm
                      2.2. Sunday or public holiday, at any time.
                      A maximum penalty of $1,500 applies to an offence under these provisions
               3.     In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
                      paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed
                      where it could reasonably be expected to move into a roadside gutter, stormwater drain or a
                      water course. On the spot fines apply for such offences.
               4.     We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
                      responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of
                      disabled access and the provision of disabled facilities, and that access to this building and
                      the provision of sanitary facilities may need to comply with the requirements of Section D
                      Part D3 and Section F Clause F2.4 of the Building Code of Australia.
               Minor Change Approval Advisory Notes – Approval Date 30 August 2023
               Infrastructure Charges



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Document Set ID: 22567106
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Page 5

               1.       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. For
                        further information, please refer to https://www.noosa.qld.gov.au/planning-
                        development/development-tools-guidelines/infrastructure-charges
               7.       PROPERTY NOTES

               Not applicable.
               8.       VARIATION APPROVAL DETAILS

               Not applicable.
               9.       SUBMISSIONS

               Not applicable.
               10.      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.
               11.      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,




               Jada Lyons
               Graduate Development Planner

               Enc:     Appeal Rights
                        Approved Plans/Documents
               cc.      Unitywater

               DECISION NOTICE HISTORY
               •     Original Decision Notice – 28 October 1975

               •     Decision Notice - Minor 51901.4359.02 – 25 August 2004

               •     Decision Notice - Minor 51901.4395.03 – 23 July 2009

               •     Decision Notice - Minor 51901.4395.04 – 30 August 2023, with an amendment to condition 1.




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




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Version: 4, Version Date: 04/09/2023

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