Decision Noticel MCU15/0096.03

Officer:	Wilhelm Koschade
Direct Telephone:	07 53296215
Our Reference:	MCU15/0096.03
Your Reference:	N/A
20 March 2017

Chris Clout Design Pty Ltd
PO Box 135
NOOSAVILLE  QLD  4566

[email protected]

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 20 March 2017, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	MCU15/0096.03
Street Address:	50 Seaview Tce SUNSHINE BEACH  QLD  4567
Real Property Description:	Lot 61 RP81810
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
Council on 13 May 2016 decided to issue the following type of approval:
Material Change of Use of Premises – Detached House and existing swimming pool.
In relation to the request to make a change to the existing approval, Council on 20 March 2017 decided to:
A.	Amend Condition 2 of the approval.
relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Decision Notice/Negotiated Decision dated 13 May 2016, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.

CONSOLIDATED 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
SP1.0		Site Plan, prepared by Chris Clout Design	25/01/17
WD1.0		Lower Floor Plan, prepared by Chris Clout Design	25/01/17
WD2.0		Ground Floor Plan, prepared by Chris Clout Design	25/01/17
WD3.0		Upper Floor Plan, prepared by Chris Clout Design	25/01/17
WD4.0		Elevations, prepared by Chris Clout Design	25/01/17
WD5.0		Elevations, prepared by Chris Clout Design	25/01/17
WD6.0		Sections, prepared by Chris Clout Design	25/01/17
WD7.0		Sections, prepared by Chris Clout Design	25/01/17
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
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.
Built Form
No buildings or structures are permitted seaward of the swimming pool. In this regard, the existing swimming pool must not extend any further seaward, including catch pools or wet edges.
The gatehouse must comply with the provisions of the Queensland Development Code.
The roof terrace must include fixed external screens, positioned in such a way to obscure views into the adjoining property to the south.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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 within road reserve and Park area (area seaward of the property boundary) must be retained. In this regard, the existing Pandanus within the road reserve may be removed for the new driveway and relocated to the northern side of the property within the road reserve or alternatively a 45 litre tree of a suitable species must be planted in the road reserve.
Landscaping must be provided for a minimum of 5m from the rear boundary along the southern boundary. The planted vegetation must consist of native, endemic species.
Any trees, including vegetation to be retained seaward of the eastern boundary 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.
The existing landscaping between the existing swimming pool and the seaward boundary must be enhanced to effectively screen the swimming pool shell. Plantings must be in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 2-3 metres.
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.
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 Notes)
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
referral agency conditions
Not Applicable
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:

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's DA Planning Section to arrange a Development Compliance Inspection.
Qualified Person
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:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self assessable against the Detached House Driveways Code.  If the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
property notes
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for Building Work (All Building Works)
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.

Detached House Driveways Code
submissions
Not Applicable
reasons / grounds for appoval
Not Applicable
rights of appeal
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
other details
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice 13 May 2016) Changes to an Existing Approval 20 March 2017  with an amendment to condition 2

Yours faithfully

Wilhelm Koschade
Development Planner

Encl. 	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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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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