Refused Decision Notice DBW19 0028

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	DBW19/0028 : JElder
Your Reference:	2019 0391
29 October 2020
AA Khamu & R Khamu
C/- Pacific BCQ
PO Box 1901
NOOSAVILLE BC  QLD  4566

[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 28 October 2020, Council decided to refuse the application.
Details of the decision are as follows:
APPLICATION details
Application No:	DBW19/0028
Street address:	51 Orient Dr Sunrise Beach Qld 4567
Real property description:	Lot 4 N 21840
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The application sought the following type of development approval:
Building Work - Additions to Detached House (Coastal Protection)
reasons for refusal
The proposal does not comply with S1.1 of the Building Works Code and Specific outcome O1 d) & e) and S18.1 a) of the Building Works code in Noosa Plan 2006 and corresponding Specific outcome O18 b) and will result in a garage that:
Is not visually integrated into the dwelling;
Projects significantly beyond the main face of the dwelling;
Dominates the street; and
Detracts from the visual continuity of the street.

The proposed earthworks do not comply with S2.3 of the Building Works Code in Noosa Plan 2006 as:
Filling is required for retaining structures and extensions to the dwelling which extends 1 metre beyond the footprint of the building.
And no information has been provided to demonstrate that the proposal has the ability to comply with corresponding Specific outcome O4 to ensure filling and excavation does not adversely affect the conveyance of stormwater or adjoining infrastructure.
The proposed development is located in a Landslide hazard area and does not comply with S7.1 b), c), S7.2 and S7.3 of the Building Works Code in Noosa Plan 2006 and the corresponding Specific outcome O7 as it results in:
Excavating and filling of more than 50m3;
Involves cut or fill with a relative depth of more than 2 metres relative to natural ground level; and
No geotechnical report has been provided from a registered professional engineer certifying that the site is not at risk from landslide as a result of the development or identifying suitable methods to stablise the building.
The proposal does not comply with S15.1 and the corresponding Specific outcomes O15 a), b), c), d) & e) of the Building works code in Noosa Plan 2006 as:
It includes a roof top terrace at a height of 7.5 metres which creates significant overlooking opportunities into the adjoining property’s private open space;
The proposed dwelling is a box profile presenting to all boundaries, with parapet style roof design presenting prominently to the street;
The proposed dwelling has very little eaves which contributes to the bulk of the building; and
The roof form does not contribute positively to the local skyline.
The site is located in the Coastal Protection Area identified by the Natural Hazards Overlay and does not meet Specific Outcome O21 or Acceptable outcome S19.1 as:
It is proposed to locate a pool, terrace and retaining walls within the required 6 metre setback from the seaward boundary of the site; and
There is no landscaping proposed at the rear of the site to buffer the appearance of the development.
The proposed development is contrary to the Noosa Plan 2020 provisions which similarly seek development to make a positive contribution to the street and adjoining property; include eaves and limit building bulk; maintain appropriate setbacks; minimise cut and fill in Landslide Hazard areas; and respond to the requirements of the Coastal Hazards overlay.
referral agencies
Not applicable.
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.
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights

	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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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