Minor Change Existing Approval 51994.1263.02

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296215
Our Reference:	51994.1263.02
Your Reference:	n/a
27 March 2018
AI Turner, HM Turner
Cote-Bleu
2/11 Sunseeker Cl
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 19 February 2018, 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:	51994.1263.02
Street address:	11 Sunseeker Cl Noosaville Qld 4566
Real property description:	Lot 167 P 845980
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council on 21 September 1994 decided to issue the following type of approval:
Application No.	Type of Development
TPC 2730	Town Planning Consent for Duplex dwelling
In relation to the request to make a change to the existing approval, Council on 5 December 2016 decided to:
Application No.	Type of Development
51994.1263.01	Change to Development Approval
Agree to amend the approved plans
Plan No.	Rev.	Plan/Document Name	Date
Sheet 1 0f 3	D	Site Plan, drawn by Mandy’s Design & Drafting	December, 2016
Sheet 2 0f 3	D	Floor Plan, drawn by Mandy’s Design & Drafting	December, 2016
Sheet 3 0f 3	D	Elevations, drawn by Mandy’s Design & Drafting	December, 2016
Include additional condition 21
In relation to the request to make a minor change to the existing approval, Council on 22 March 2018, decided to approve the requested changes. The changes are detailed below.
Application No.	Type of Development
51994.1263.02	Minor Change to Development Approval
Agree to amend the approved plans
Plan No.	Rev.	Plan/Document Name	Date
Dwg. 01	-	Landscape Works within Revetment Wall Setback (annotated)	20/03/2018
Include additional conditions 22 & 23
currency period of approval
The relevant period for this development approval is in accordance with that stated in the Decision Notice dated 21 September 1994, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.
assessment manager conditions
Submission to and approval by Council of building plans in accordance with the Building Act, Council's By-laws and Policies, the conditions of this approval and substantially in accordance with plans submitted by the applicant on the 24th June 1994, and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.
The plans submitted for building approval are to increase the clear width of the garages to 6.0 metres to be consistent with Council's provisions.
Provision of at least 4 covered off-street car parking spaces, and access thereto which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Planning Scheme, Council's Policies and to the reasonable satisfaction of the Shire Engineer.  Plans and specifications for these works are to be submitted to the Shire Engineer for approval in conjunction with the Building Application.  A Building Approval shall not be granted until the Shire Engineer has approved of the carparking and access scheme.
There is to be 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 to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval.  Such landscaping is to be completed in accordance with the approved landscape plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
Any fencing provided in conjunction with the development is to be setback an average of two (2) metres to any road frontage pursuant to clause 36 (6) (c) of the Schedule to the Planning Scheme.
Construction work and other associated activities are permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday.  No work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.
Payment of contributions in accordance with Council's Policy on Water Supply and Sewerage Headworks.  An estimate only of the charges as at May  1994 under the current policy is as follows:-
Water Supply	$3,203
Sewerage	$2,931
______________________
TOTAL:	$6,134
Please note that the headworks charges will alter in accordance with Price Index variations of if any amendment is made to Council's policy.
Headworks contributions shall be calculated and paid in accordance with one of the following alternatives:-
Prior to the issue of a Building Approval, in the amount calculated under the Policy at that date: or
Deferred to the soonest of the following dates:-
(i)	prior to Council sealing plans of the development for titling purposes;

(ii)	prior to the issue of a Certificate of Classification for any building approved under this application; or
(iii)	prior to commencement of the approved use at the relevant premises.
Where the option of a deferred payment is used in accordance with b. above, the following conditions shall also apply:-
Prior to the issue of a Building Approval, a trading bank guarantee is to be submitted to the value of the headworks which are due, plus 20%.
The subsequent payment of headworks shall include interest charged at the rate set by the Queensland Treasury Corporation for Local Government borrowings as they apply to Noosa Shire and current at the time the trading bank guarantee is submitted.
Should the contributions not be paid at the due time, Council shall call upon the sum secured by the trading bank guarantee.
The trading bank guarantee will be returned on payment of the required contributions plus interest or on expiry of the relevant Building Approval, whichever is the sooner.
The footpath across the frontage of the site is to be upgraded by the provision of a 1.2 metres wide concrete footpath and the forming, grassing and topsoiling of the remaining area to the standards and requirements of the Shire Engineer.  The applicant is to contact Council's Engineering Department to determine the footpath alignment prior to the commencement of any works.
The developer shall bear the cost of alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site.
Connection to Council's existing water supply and sewerage reticulation systems at the developer's expense to the standards and requirements of the Shire Engineer.
The developer shall provide metered water connections from the water supply system to the proposed development, in accordance with Council's standards and to the satisfaction of the Shire Engineer.
Roof and surface water is to be collected on site and is to be discharged through a single underground drain line into existing drainage in Sunseeker Close to the satisfaction of the Shire Engineer.  A Building Approval shall not be granted until the Shire Engineer has approved of the drainage scheme.
Provision of approved refuse containers in accordance with the requirements of the Refuse Management Regulations of 1983 for the storage and collection of refuse to the satisfaction of Council's Environmental Health Officer.
Provision of an imperviously paved area upon which to stand all refuse containers together with a suitable enclosure, if required, to enclose the refuse container area to the satisfaction of the Environmental Health Officer.
Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council's Health Department in accordance with the provisions of Chapter 43 of Council's By-Laws prior to such letting.
Submission of a cash bond or trading bank guarantee to the sum of $3,000 to secure performance of conditions, prior to the issue of Building Approval. The cash bond or trading bank guarantee will be returned upon performance of the conditions of approval.
The provisions of this approval are to be effected, prior to the commencement of the approved use.  Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local Government (Planning and Environment) Act if commencement of erection or works have not been made in accordance with that Permit or the rights conferred by that Permit are not exercised within two (2) years of the date of issue of the Permit.
The Town Planning Consent Permit lapses where:-
the use or erection of a building or other structure associated with the use, has not been commenced within four (4) years of the date of issue of the Town Planning Consent Permit, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Town Planning Consent Permit ceases for a period of twelve (12) months
Additional Condition – 5 December 2016
The approved roofed deck extension must remain of open construction and is not     permitted to be enclosed.
Additional Condition – 22 March 2018
No tree species with a mature height of over 3m is permitted within 4.5m of the revetment wall.
Side boundary fences within 4.5m of the revetment wall taper down to a maximum height of 1.2m at the revetment wall and no more than 1.5m at a distance of 2.25m from the revetment wall.
referral agencies
Not Applicable
advisory notes
Not Applicable
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Development Permit for Building Works (All Building Works)
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,

Wilhelm Koschade
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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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