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Extension to Currency Period - Approved DBW21/0183 01 · DBW21/0183.01
Officer: Matt Pinese
Direct Telephone: 07 53296569
Our Reference: DBW21/0183.01
Your Reference: 02955 L03 GM
8 November 2024
Mr PR Smith & Ms JW Smith
C/- Martoo Consulting Pty Ltd
PO Box 656
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Extension to Currency Period
Planning Act 2016
I refer to your request received on 3 September 2024, to extend the currency period for an
existing development approval. On 9 October 2024, Council decided to approve your request.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW21/0183.01
Street address: 22 Park Cres Sunshine Beach Qld 4567
Real property description: Lot 590 RP 48112
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 9 October 2022
• Development Permit for Building Works - Dwelling House (Coastal Protection)
In relation to the request to extend the currency period for this approval, Council on 9 October
2024, decided to extend the currency period as detailed below.
A. Amend condition 6.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. 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
2. 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
DA1.03 F Site Plan prepared by Blackwood Architecture & 18 August
Design 2022
DA2.01 F Level Two prepared by Blackwood Architecture & 18 August
Design 2022
DA2.02 F Level One prepared by Blackwood Architecture & 18 August
Design 2022
DA2.03 F Ground Level prepared by Blackwood 18 August
Architecture & Design 2022
DA2.04 F Roof Plan prepared by Blackwood Architecture & 18 August
Design 2022
DA3.01 F West Elevation prepared by Blackwood 18 August
Architecture & Design 2022
DA3.02 F North Elevation prepared by Blackwood 18 August
Architecture & Design 2022
DA3.03 F East Elevations prepared by Blackwood 18 August
Architecture & Design 2022
DA3.04 F South Elevation prepared by Blackwood 18 August
Architecture & Design 2022
DA4.01 F Section A prepared by Blackwood Architecture & 18 August
Design 2022
DA4.02 F Section B prepared by Blackwood Architecture & 18 August
Design 2022
DA6.4 F Materials prepared by Blackwood Architecture & 18 August
Design 2022
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Building Height
3. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground surface, except for those areas as shown on the
approved plans.
4. 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.
5. The basement must be backfilled to meet the definition of a basement under the Noosa
Plan 2020 to not exceed 2 storeys in building height.
Currency Period
6. This development approval lapses if the use has not happened by 9 October 2026,
unless an application to extend the currency period is approved by Council.
Performance Bond
7. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000
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
8. A minimum of 20% of the site must be retained as soft landscaping.
9. Existing trees on the site must be retained, except where required to be removed to
accommodate the approved dwelling. In this regard, the removal of vegetation must not
extend beyond 3 metres of the building footprint to allow for construction (i.e. scaffolding
etc).
10. Existing vegetation in the road reserve must be retained, unless written authorisation
from Council is granted for the clearing.
11. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared
d. using low impact construction techniques around vegetation.
12. Screening vegetation must be planted along the side boundaries for the full length of the
dwelling house in accordance with Council’s Planning Scheme Policy PSP2 -
Landscaping. 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 6 metres and a
maximum spacing of 2 metre centres.
Protection of Privacy
13. The main and upper level balconies must include balcony planter boxes along the sides
of the building, positioned in such a way to obscure direct views into the habitable room
windows or private open space areas of the adjoining property.
Coastal Protection
14. No future gates are to be installed along the rear property boundary to gain direct access
to the beachfront.
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15. External colours and finishes of the building must comprise of muted/environmental
tones that blend with the natural environment.
16. All lighting associated with all works approved as part of this application must be
positioned and managed to reduce sky glow and light spill onto the beach to minimise
disruption to turtle nesting and sea-finding behaviour of hatchlings. Management
measures include reduced intensity, long wavelength lights; shielded, low to the ground,
and directed onto areas of interest; low reflectance building surfaces and paint; and
tinted external glass. The following are to be incorporated into the works approved as
part of this application:
a. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
must have 15% visible light transmittance tinting.
b. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
must be fitted with opaque blinds, to be drawn from 8pm during turtle nesting and
hatching season (October – May).
c. All outdoor lights must have a maximum of 2700 K correlated colour temperature
(CCT). All indoor lights must have a maximum of 3000 K CCT. All lighting (interior
and exterior) must avoid the use of halogen, metal halide, or fluorescent lights.
d. Amber LED (590-610 nm) or low pressure sodium lighting must be used as a
standard. Warm white is to be used only where colour rendition is required. LED
lights must not contain short wavelength blue light and supplier should be asked
to provide spectral power curve of requested LEDs to prove the absence of short
wavelengths.
e. The number and wattage of lights must be minimised.
f. All lights must be recessed into structures and roof, and directed away from the
turtle nesting habitat.
g. No lighting is permitted on the roof of the building.
h. All outdoor lights, including balcony lights, must be turned off between 8:00pm and
sunrise during turtle nesting and hatching season (October – May).
i. External feature lighting to the building must be positioned below 10 metres in
height and turned off between 8:00 pm and sunrise during turtle nesting and
hatching season (October – May).
j. No upward lights or vertical illumination of the building, vegetation or other
structures using lighting that shines into the sky to be used.
k. Where lighting is required for safety purposes (including all corridors above ground
level, stairwells, entry points etc.), the lighting of these areas must be activated by
proximity sensors or motion detectors with an associated deactivation of the
lighting after no more than 10 minutes during turtle nesting and hatching season
(October – May). For lighting in other areas, timers, proximity or motion activated
light sensors must be used wherever possible.
l. No decorative outdoor lighting is to be fitted to the buildings, open space or
recreation areas (e.g. Fairy/Christmas lights) during nesting and hatching season
(October – May).
m. Pool lighting must be switched off after 8:00pm during nesting and hatching
season (October – May).
n. All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
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Site Access and Driveways
17. A sealed access driveway must be provided from Park Crescent to all parking areas of
the development. The works must be undertaken in accordance with an Operational
Works approval, be generally in accordance with the approved plans and must include
in particular a driveway crossover generally in accordance with Council’s Standard
Drawings RS-049 and RS-050 and any associated addendum.
Stormwater Drainage
18. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge and/or disposed of on-site without causing scour or damage to the
subject site or any adjoining property. The works must be generally in accordance with
drawing number 31259-SW1.1 prepared by SCG Consulting Engineers dated
September 2021.
Geotechnical Stability
19. All works must be carried out in accordance with the recommendations contained in the
Slope Stability Assessment – report No:31259(SL) prepared by SCG Consulting
Engineers dated 24 September 2021
20. Prior to the commencement of the use certification must be submitted to Council from a
qualified person* which certifies that the development has been constructed in
accordance with the recommendations contained in the Slope Stability Assessment –
report No:31259(SL) prepared by SCG Consulting Engineers dated 24 September 2021
and that the development has a minimum factor of safety against landslip of 1.5 in the
long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
21. All earthworks and associated retaining structures/batters, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
22. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. 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.
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:
PLANNING
Aboriginal Cultural Heritage Act 2003
1. 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).
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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 to discuss any obligations under the ACH
Act.
Sustainability
2. In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable
building design for residential and commercial development. Council encourages the
use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), water saving devices and
rainwater harvesting. For further information go to
http://www.noosa.qld.gov.au/sustainable-homes
Performance Bond
3. Where the works include Council assets (construction of new or modifications to
existing) a portion of the performance bond will be retained as a “maintenance bond” as
described in Council’s Planning Scheme Policy 6 Engineering Design Standards.
Alternatively the developer may submit a separate “maintenance bond” at the
completion of the works.
The bond amount will be:
a. 5% of the agreed value of the works or
b. $1500, whichever is the greater amount
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it is
required. Council will not be able to issue a Decision Notice without receipt of details
that the Levy has been paid.
Qualified Person
5. 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:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
Preparation of a Preliminary Construction Management Plan
6. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
a. appropriate traffic signage in accordance with the Manual of Uniform Traffic
Control Devices (MUTCD)
b. provision for safe vehicle and pedestrian access across the frontage of the site
both during daily construction and after daily construction has ceased.
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Infrastructure Charges
7. 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. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Access.
Works
Development Permit for Building Works All building work.
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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,
Matt Pinese
Development Planner
Enc: Appeal Rights
DECISION NOTICE HISTORY
• Original Decision Notice -7 October 2022.
• Decision Notice – Extension to Currency Period –
DBW21/0183.01; 9 October 2024; amend condition 6
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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
228 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 –
(Refer to Schedule 1 of the Planning Act 2016)
(a) if a submitter or advice agency started the appeal in the P&E
(2) An appellant may start an appeal within the appeal period.
Court – 2 business days after the appeal has started; or
(3) The appeal period is –
(b) otherwise – 10 business days after the appeal is started.
(a) for an appeal by a building advisory agency – 10 business
(5) A notice of appeal given to a person who may elect to be a co-
days after a decision notice for the decision is given to the
respondent must state the effect of subsection (6).
agency; or
(6) A person elects to be a co-respondent by filing a notice of election,
(b) for an appeal against a deemed refusal – at any time after the
in the approved form, within 10 business days after the notice of
deemed refusal happens; or
appeal is given to the person.
(c) for an appeal against a decision of the Minister, under chapter
230 Other appeals
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
section 269(3)(a) or (4); or the Supreme Court decides a decision or other matter under this
Act is affected by jurisdictional error, the decision or matter is non-
(d) for an appeal against an infrastructure charges notice – 20
appealable.
business days after the infrastructure charges notice is given
to the person; or (2) The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.
(e) for an appeal about a deemed approval of a development
application for which a decision notice has not been given – (3) A person who, but for subsection (1) could have made an
30 business days after the applicant gives the deemed application under the Judicial Review Act 1991 in relation to the
approval notice to the assessment manager; or decision or matter, may apply under part 4 of that Act for a
statement of reasons in relation to the decision or matter.
(f) for any other appeal – 20 business days after a notice of the
decision for the matter, including an enforcement notice, is (4) In this section –
given to the person. decision includes-
Note – (a) conduct engaged in for the purpose of making a decision; and
See the P&E Court Act for the court’s power to extend the appeal
(b) other conduct that relates to the making of a decision; and
period.
(c) the making of a decision or failure to make a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (d) a purported decision; and
(5) If an appeal is only about a referral agency’s response, the (e) a deemed refusal.
assessment manager may apply to the tribunal or P&E Court to
non-appealable, for a decision or matter, means the decision or
withdraw from the appeal.
matter-
(6) To remove any doubt. It is declared that an appeal against an
(a) is final and conclusive; and
infrastructure charges notice must not be about-
(b) may not be challenged, appealed against, reviewed, quashed,
(a) the adopted charge itself; or
set aside or called into question in any other way under the
(b) for a decision about an offset or refund- Judicial Review Act 1991 or otherwise, whether by the
Supreme Court, another court, a tribunal or another entity; and
(i) the establishment cost of trunk infrastructure identified in
a LGIP; or (c) is not subject to any declaratory, injunctive or other order of
the Supreme Court, another court, a tribunal or another entity
(ii) the cost of infrastructure decided using the method
on any ground.
included in the local government’s charges resolution.
231 Rules of the P&E Court
229 Notice of appeal
(1) A person who is appealing to the P&E Court must comply with the
(1) An appellant starts an appeal by lodging, with the registrar of the
rules of the court that apply to the appeal.
tribunal or P&E Court, a notice of appeal that-
(2) However, the P&E Court may hear and decide an appeal even if
(a) is in the approved form; and
the person has not complied with the rules of the P&E Court.
(b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee.
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