SUPERSEDED Decision Notice - Approved by Delegation of Authority DBW21 0175

Officer: 	Jada Lyons
Direct Telephone: 	07 53296527
Our Reference:	DBW21/0175
Your Reference:	4708/21
22 April 2022
GJ Gardner Homes Noosa
C/- Fluid Building Approvals
37 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 April 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	DBW21/0175
Street address:	70 Lorikeet Dr Peregian Beach Qld 4573
Real property description:	Lot 910 P 93121
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Building Works - Dwelling House
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
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
-	3	Renders – prepared by GJ Gardner Homes	21/02/2022
-	3	Site Plan – prepared by GJ Gardner Homes	21/02/2022
-	3	Lower Floor Plan – prepared by GJ Gardner Homes	21/02/2022
-	3	Upper Floor Plan – prepared by GJ Gardner Homes	21/02/2022
-	3	Elevations 1 & 2 – prepared by GJ Gardner Homes	21/02/2022
-	3	Elevations 3 & 4 – prepared by GJ Gardner Homes	21/02/2022
Currency Period
This development approval lapses if the use has not happened by 19 April 2024, unless an application to extend the currency period is approved by Council.
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.
Site Cover
The site cover for the dwelling must not exceed a combined total of 80% (i.e., 40% for both storeys or 50% for one storey and 30% for the other storey), with plans to be resubmitted to Council prior to lodging an application for Building Works.
Amenity
A privacy screen with a minimum height of 1.8 metres is to be placed along the length of the pool and pool deck on the northern boundary to ensure no overlooking is permitted to the adjoining property to the north.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
At least one screening tree must be planted on both sides of the driveway in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a minimum pot size of 45 litres and consist of native, endemic species.
Coastal Protection
Gates must not be installed along the eastern property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.

ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Lorikeet Dr to all parking and manoeuvring areas of the development. These proposed works must be undertaken with written approval in accordance with Noosa Council driveway crossover approval conditions and adopted standard drawings for the crossover type as required by the planning scheme.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge without causing scour or damage to the subject site or any adjoining property. The works must be undertaken in accordance with a site-specific Stormwater Management Plan (SWMP), prepared by a suitably qualified person. The SWMP must include an onsite infiltration system without the need for pumps.
The site specific SWMP must be approved as part of the subsequent Building Permit.
The site specific SWMP must be consistent with the site-specific geotechnical report’s recommendations.
Private drainage structures must be wholly contained within the subject site.
The stormwater drainage discharge from the development must be carried out in accordance with a professionally prepared engineering plan in compliance with the applicable standards and best engineering practices.
The development works must not cause additional ponding of water on any adjoining property (including the road reserve) or concentrate or direct overland flow to any adjoining property.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third-party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
Earthworks carried out on site must not affect the structural integrity of any of the adjoining lands and/or buildings and/or structures and/or services.
All works must be carried out in accordance with a Geotechnical Report (or part thereof) prepared by a qualified person* and endorsed through the Building Permit. The geotechnical report must identify the building foundation requirements and stability considerations necessary for the stability of the subject site (and associated ancillary structures) and the adjoining properties for the longer term.
*(Refer to Advisory Notes)
The site-specific geotechnical report must be consistent with the site specific SWMP’s recommendations.
All retaining walls and associated foundations/footings must be wholly contained within the lot they support.
All earthworks and associated retaining structures/batters, both above and below ground level and both temporary and permanent, 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.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
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:
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. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plan/s to Council’s Development Assessment Branch with the Reference No. DBW21/0175.
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 the construction of a driveway and vehicle crossover to the property to be accepted development against the Low Density Housing Code where complying with the relevant Acceptable Outcomes. In addition to the benchmarks for accepted development subject to requirements for driveway and crossovers, approval is required from Council to construct or modify all crossovers (refer to Council’s website).
Where the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for Operational Works is required to be obtained from Council.
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	All building work.
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,

Jada Lyons
Assistant Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

	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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