Minor Change Existing Approval 132001.210331.6

Officer: 	Conor Neville
Direct Telephone: 	07 53296287
Our Reference:	132001.210331.6  : CNEVILLE
Your Reference:	n/a
10 September 2020
Woolley Holdings Group P/L
44 Wainmea Ave
SANDY BAY  TAS  7005
[email protected]
Dear Sir,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 3 August 2020, 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:	132001.210331.6
Street address:	10 Park Rd Noosa Heads Qld 4567
Real property description:	Lot 55 RP 52918
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
The following type of approval was issued on 12 June 2003.
Development Permit for Material Change of Use – Dwelling.
In relation to the request to make a minor change to the existing approval, Council on 8 September 2020, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend condition 6.
D.	Included additional condition 7 (8 September 2020)
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled and numbered: -
Plan / Document No.	Rev.	Plan / Document Name	Date
SK-A-02.01	P9	Site Plan – Cecilia Brown Design	3 December 2008
SK-A-03.01	P10	Garage Plan – Cecilia Brown Design	3 December 2008
SK-A-03.02	P10	Maid Room Plan – Cecilia Brown Design	3 December 2008
WD-A-03.03	P18	Cabana Plan – Cecilia Brown Design	8 May 2008
SK-A-03.04	P9	Master Bed Plan – Cecilia Brown Design	3 December 2008
SK-A-03.05	P9	Roof Plan – Cecilia Brown Design	3 December 2008
SK-A-04.01	P4	West Elevation – Cecilia Brown Design	3 December 2008
SK-A-04.02	P4	South Elevation – Cecilia Brown Design	3 December 2008
SK-A-04.03	P4	North Elevation – Cecilia Brown Design	3 December 2008
SK-A-04.04	P4	East Elevation Master Bed & East Elevation Cabana & Maid – Cecilia Brown Design	3 December 2008
SK-A-05.01	P1	Section A – Cecilia Brown Design	4 December 2008
SK-A-05.02	P1	Section B – Cecilia Brown Design	4 December 2008
and as may be amended by these conditions.
The use and all activity on the site, including construction and excavation, is to be carefully controlled and interference with vegetation kept to an absolute minimum to ensure that the proposed use does not undermine or compromise the Noosa Hill Development Control Plan and the Strategic Plan objective of preserving the natural character and appearance of Noosa Hill.  The approval is to be implemented with this objective as the overriding factor.
All roofing of the structures on site are to be of a non-reflective nature and coloured with muted earth tones.  All structures are to use colours that integrate with the natural environment and be of muted earth tones of browns, greens, ochres, greys etc.  A colour scheme showing compliance with the above is to be submitted for approval prior to release of the development permit for operational works.
The glass provided along the western elevation of the dwelling house is to be angled downwards towards the slope of the site so as not to be reflective.  Non reflective glass shall also be utilised for the development.
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.
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 is to be prepared and submitted for approval. The landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter. The landscape plan is to clearly indicate:-
the retention of vegetation and reinforcement planting of endemic species on the site; and
the provision of shallow rooted vegetation above the underground garage with species provided that are endemic to the Noosa Heads area; and
the proposed means of protecting trees to be retained, particularly during the construction process.
Additionally, the applicant is to submit a survey plan of existing vegetation on the site, where this plan is to denote vegetation proposed to be removed and that proposed to be retained. To this end, as indicated on plan 000705/B dated 16/07/02 and prepared by Ken Hicks & Associates, only two substantial trees are to be removed, which includes tree 39, an Endiandra sieberi (a corkwood).  All trees identified on the plan for retention are to be marked and numbered for retention prior to construction on site. The plans shall be amended to provide a minimum setback of 300mm from the building for trees 49, 56, 54 and 53, with no excavations taken in proximity to these trees.
No fencing is permitted to be erected across the Park Road frontage of the site.
Security in the form of a cash bond or trading bank guarantee to the sum of $100000 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.
The requirements of this development approval are to be satisfied, prior to the commencement of 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.
The Development Permit for a material change of use of premises lapses if the use has not happened by 13 June 2010, unless an application to extend the currency is approved by Council.
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.
Land Development
Vehicle Access
A vehicular access driveway to serve the site shall be constructed from the Park Road frontage of the site with a maximum width of 3.0 metres.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming.  Should any driveways be constructed to grades that do not comply with AS2890.1-1993 and AS2890.2-1989, Council will require that the driveway be removed and reconstructed to levels that do comply.
All vehicles shall enter and leave the site in a forward direction.
All vehicles shall enter the site via a right turn and exit the site via a left turn.
Council Officers must approve vegetation trimming within the road reserve required to improve the sight distance in conjunction with the Development Permit for Operational Works (access).  However, no trees are to be removed from the road reserve.
Carparking
Carparking and Turn Table shall be provided within the site as shown on drawing number SK-A-03.01 dated 08 May 2008 revision P10 submitted by Cecilia Brown Design and Associate, except as modified herein.
A minimum of 2 covered carpark spaces shall be provided on site.
The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for user class 1 except the minimum head clearance (headroom) at any point shall be 2.3m.
Stormwater Drainage
All stormwater drainage shall be collected on site and discharged to Council’s existing drainage structures on the eastern side of Park Road.  The design shall incorporate some means of reducing the head of the discharge prior to entry to Council’s system.  In this regard, plans shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
The stormwater drainage system shall be designed in accordance with plan titled, ‘Stormwater & Sewerage Details, Robertson Residence’ by whaleycg consulting group.
The site shall be connected to Council’s existing sewerage reticulation systems in Park Road and be constructed in accordance with Council’s standards and requirements at no cost to Council.
To ensure Council’s sewer main is accessible for maintenance purposes and is protected from risk of damage, no structures requiring a building permit (eg. buildings, retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within the ‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is the greater.  As such the applicant shall indicate the location of the sewer main and setback distance on the Building plans to ensure compliance.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems in Park Road and be constructed in accordance with Council’s standards and requirements at no cost to Council.
The sewerage system shall be designed in accordance with plan titled, Stormwater & Sewerage Details, Robertson Residence’ by Whaleycg Consulting Group.
Town Water Supply
The site shall be connected to Council’s existing town water supply in Park Road and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Each water connection to the water reticulation system shall extend to the property boundary and be metered.
Geotechnical Issues/Construction
The disposal of sand, soil or any materials created by the construction of the dwellings shall be removed in accordance with the Construction Management Plan with trucks greater than 6 metres in length not permitted.  Details of the method of this disposal of materials are to be submitted to Council at the Building Application stage.  Not more than one vehicle at a particular time will be parked in Park Road for the removal of, or the delivery of, materials associated with the site and no such vehicle shall remain overnight.  No materials are permitted to be stored within the road reserve.
A program of works is to be submitted with any application for any Development Permit for Operational Works detailing the construction schedule and proposed environmental protection measures, including a vegetation management plan, which addresses stabilisation of disturbed areas.  All plans submitted for any Development Permit for Operational Works shall show the existing public services with and adjacent to the site including the existing sewer main and its levels and zone of influence.
Prior to commencement of works, a suitably qualified Registered Professional Engineer Queensland (RPEQ) shall certify the plans for operational works and the program of works.
Where the program of works is changed for any reason whatsoever, a copy of the revised program shall be submitted to Council’s Works Inspector within seven (7) days.
A Traffic Management Plan for the Construction of the Dwelling addressing the access to the site, the locating of equipment and any potential conflicts with local traffic shall be submitted and approved by Council prior to Development Permit for Operational Works.  It should be noted that workers vehicles are to park in Allambi Rise, with no vehicles associated with the construction of the dwelling permitted in Park Road.
Prior to the issue of a Development Permit for building works the builder shall submit written acknowledgment that building works shall proceed in accordance with the 9 tonne load limit applicable to Park Road, unless varied by Council.
At the completion of construction the consulting geotechnical engineer will certify that all works were carried out in accordance with their recommendations and that the structures and the site are stable.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Where the existing retaining wall along the Park Road frontage of the site is removed to create the driveway crossover the retaining wall shall be remediated immediately following the completion of the earthworks for the driveway.  The height of any retaining wall constructed within the zone of influence of the existing sewer main shall not exceed one (1) metre unless a written approval is obtained from Council’s Infrastructures Delivery Unit. A Development Permit for Operational Works shall be obtained for these frontage works.
Building
The Geotechnical report submitted as part of your application has been appraised and approved subject to the following conditions:-
There is to be no uncontrolled discharge of water onto the slope;
Stripping of vegetation for construction purposes should be minimised.  If vegetation is destroyed it should be reinstated immediately after that stage of construction is completed;
Additional load due to fill, construction equipment or stockpiled materials should not be located on the dune slope;
The use of vibratory equipment of any kind is not permitted to be used, including vibrating rollers, the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques;
All construction works on site shall accord with the Building Construction Report prepared by Whaleycg Consulting Group dated December 2002 and the Morrisson Geotechnic reports dated 1/9/00, 25/5/01.
A condition survey is to be carried out of adjoining buildings, structures and services prior to any demolition works or construction works taking place on site.  If distress already exists, a photographic survey shall be undertaken, the distress measured and a plan to monitor changes to distress shall be implemented.  A copy of this report is to be submitted to Council within 5 business days of survey and prior to construction work proceeding;
Copies of all inspection reports by engineers are to be submitted to Council within 5 business days of the inspection taking place;
A RPEQ is to be engaged by the client to oversee the piling works and copies of all inspection reports are to be submitted to Council within 5 business days of the inspection taking place;
The applicant’s Geotechnical engineer will be required to be on site for the whole of the time during any excavation.  The construction of the whole of the foundations is to be supervised and directed on site by a consulting Geotechnical engineer.  No work of any such kind relating to the foundations shall be carried out if he is not on the site and supervising and directing this work.  Such works shall only be carried out during dry weather conditions and if there is a risk of sand movement occurring, all work shall be suspended until such steps, approved by the applicant’s Geotechnical engineer and the Council’s Building Surveyor, have been taken to ensure that no further slippage will result.
The builder, landscaper and all workers associated with construction of the works shall at all times comply with the directions of the consulting geotechnical engineer.
The applicant shall take all necessary measures to ensure that the construction works on the site will not have any adverse impact on the short-term and the long-term stability of the sand dune formation or the stability of any adjoining property including buildings and underground services.  The applicant shall be responsible for any remedial works if required on other properties as a consequence of the development works on the site.
Where the development works on the site requires the use (above ground or underground) of other private properties, it is the applicant’s responsibility to negotiate and arrange for any Permit to Enter these properties and any other related legal requirements if needed prior to obtaining a Development Permit for Operational Works.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the minimum required floor level and the maximum building height above natural surface, required by the provisions of the Planning Scheme.
Additional Conditions
Deleted.
A qualified arborist shall be present on site to supervise works around the root zones of all trees required to be retained.  Prior to commencing any works safety fences shall be installed around the trunks and as much of the root zone as possible to minimise the risk of compaction and damage.
The rock wall adjacent to the decking of the swimming pool shall not exceed a maximum height of 1.8 metres above the level of the decking.
Tree no. 47 shall be replaced with a suitable native species and located generally in the same vicinity.
The proposed deck extension and all associated structures shall be setback a minimum of 2 metres from the northeastern side boundary.  The setback shall be densely landscaped with such landscaping to be in accordance with a revised landscaping plan which is required to be submitted to Council for approval prior to the use commencing.
The undercroft areas of the swimming pool and deck shall be screened with landscaping with such landscaping to be in accordance with an revised landscaping plan which is required to be submitted to Council for approval prior to the use commencing.
Additional Conditions – 8 September 2020
Within 3 months of the clearing of tree 39, the development must have the terraced area from which tree 39 grew or the terrace area above it, landscaped with a minimum of 7 local native trees species which may include:
Endiandra sieberi, Elaeocarpus obovata, Lophostemon confertus, Syzygium luehmannii, Callitris columellaris, Cynthia cooperi, Melicope elleryana Archontophoenix cunninghamiana, Livistona australis, Cupaniopsis anacardioides, Acronychia imperforata, Flindersia schottiana, Alectryon coriaceus, Corymbia tessellaris or other species endorsed in writing by Council.
Photographs of the completed newly planted terraced area(s) must be submitted to Council upon completion of the landscaping works.
referral agencies
Nil.
approved plans/documents
The approved plans and / or documents for this development approval are listed in the following table:
Plan / Document No.	Rev.	Plan / Document Name	Date
SK-A-02.01	P9	Site Plan – Cecilia Brown Design	3 December 2008
SK-A-03.01	P10	Garage Plan – Cecilia Brown Design	3 December 2008
SK-A-03.02	P10	Maid Room Plan – Cecilia Brown Design	3 December 2008
WD-A-03.03	P18	Cabana Plan – Cecilia Brown Design	8 May 2008
SK-A-03.04	P9	Master Bed Plan – Cecilia Brown Design	3 December 2008
SK-A-03.05	P9	Roof Plan – Cecilia Brown Design	3 December 2008
SK-A-04.01	P4	West Elevation – Cecilia Brown Design	3 December 2008
SK-A-04.02	P4	South Elevation – Cecilia Brown Design	3 December 2008
SK-A-04.03	P4	North Elevation – Cecilia Brown Design	3 December 2008
SK-A-04.04	P4	East Elevation Master Bed & East Elevation Cabana & Maid – Cecilia Brown Design	3 December 2008
SK-A-05.01	P1	Section A – Cecilia Brown Design	4 December 2008
SK-A-05.02	P1	Section B – Cecilia Brown Design	4 December 2008
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
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 Co-ordination Unit on 07 3238 3838 to discuss any obligations under the ACH Act.
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
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
Development Permit for Operational Works	Landscaping, Carparking, Access, Frontage Works, Stormwater Drainage, Site Civil Works, Sewer Reticulation & Water Reticulation
submissions
There were three (3) properly made submissions about the application
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,

Conor Neville
Environmental Officer

Enc:	Appeal Rights

DECISION NOTICE HISTORY
Original Decision Notice – 12 June 2003.
13 December 2007 - Compiled Decision Notice with amendment to Conditions 1, 10 and 21, additional Conditions 1 & 2 and refuse to change Condition 36.4
18 April 2008 - Change to an Existing Approval with amendment to Condition 10.
31 March 2009 - Change to an Existing Approval with amendment to Conditions 1, 6, 10, 16, 26, 27, 35 & 36, inclusion of two additional conditions 3 & 4 and deletion of Additional Condition.
15 October 2009 -  Change to an Existing Approval with amendment to Condition 1 and inclusion of two additional Conditions 5 & 6.
132001.321033.6 – 8 September 2020 – with a change to condition 6 and additional 7.

	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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ee) NOOSA COUNCIL