Minor Change Existing Approval 132009.325.02

Officer: 	Ben Thrower
Direct Telephone: 	53296109
Our Reference:	132009.325.02
Your Reference:	20180468
12 April 2019
SI Perdriau & KL Perdriau
C/- Pacific BCQ
PO Box 1901
NOOSAVILLE BC  QLD  4566
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 8 January 2019, requesting a minor change to an existing development approval. Council on 9 April 2019 decided your requested changes. Council also advises that:
To ensure privacy is protected between adjoining properties, a 1.8m high screening device must be installed along the full southern edge of the existing roof top terrace.
The screening device is to be of the same form and in the same location as the screening device described on the southern edge of the existing roof top terrace in the plans previously approved on 29 September 2011 and as listed in the following table.
Plan No.	Rev.	Plan Name – Prepared by	Date
1 of 9	I	Site Plan & Perspective Views – MRA Design	14 July 2011
2 of 9	I	Floor Plans – MRA Design	14 July 2011
6 of 9	I	Elevations & Roof Framing– MRA Design	14 July 2011
7 of 9	I	Sections A-A, B-B & C-C – MRA Design	14 July 2011
8 of 9	I	Sections D-D, E-E, G-G & F-F – MRA Design	14 July 2011
Details of the decision are as follows:
APPLICATION details
Application No:	132009.325.02
Street address:	6 Allambi Rise Noosa Heads Qld 4567
Real property description:	Lot 2 RP 88575
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 28 August 2009
Development Permit for Material Change of Use of Premises – Detached House
In relation to the request to make a minor change to the existing approval, Council on 9 April 2019, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 1
Include additional condition 30
currency period of approval
The currency period for this development approval is stated in Condition 7 of the Assessment Manager Conditions.
assessment manager conditions
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 and as may be amended by these conditions.
Plan No.	Rev.	Plan Name – Prepared by	Date
1 of 9	I	Site Plan & Perspective Views – MRA Design	14 July 2011
2 of 9	I	Floor Plans – MRA Design	14 July 2011
6 of 9	I	Elevations & Roof Framing– MRA Design	14 July 2011
7 of 9	I	Sections A-A, B-B & C-C – MRA Design	14 July 2011
8 of 9	I	Sections D-D, E-E, G-G & F-F – MRA Design	14 July 2011
1		Roof Overhang Diagram – MRA Design	10 July 2009
2		Pool fence plan & Elevation– MRA Design	10 July 2009
3 of 6		Proposed Additions – Roof Plan	17 November 2018
4 of 6		Proposed Additions – South Elevation and East Elevation	17 November 2018
5 of 6		Proposed Additional – North Elevation and West Elevation	17 November 2018
Security Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $3,000 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.

General
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 proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) shall not be constructed under overhead electricity transmission lines, or within any easements.
External colours and finishes of the building shall comprise of muted/environmental tones that blend with the natural environment.
Relevant Period
The Development Permit for a material change of use lapses if the use has not happened by 28 August 2013, unless an application to extend the currency is approved by Council.
Building Height
The building height shall not exceed 8.0 metres above the natural ground level, finished ground level and 2 storeys.
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 maximum allowable building height as required by either the conditions of approval of the Planning Scheme.
Landscaping
A minimum of 20% of the site shall be retained as soft landscaping.
Existing trees within the road reserve shall be retained.
One Koala food tree shall be planted within the road reserve in accordance with Council’s PSP 3 Landscaping Plants and Guidelines.
Existing trees on the site shall be retained, except where required to be removed due to building operations or the conduct of the approved use.
All other vegetation shall be protected from interference resulting from clearing or construction activities by:
Clearly marking vegetation to be retained with flagging tape;
Installing protective fencing around the drip line of the vegetation;
Stockpiling, storage and vehicle parking occurs in already cleared areas and does not cause interference with vegetation; and
Low impact construction techniques are used around vegetation to minimise interference with the vegetation
Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:
Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres between edges of heaps.
Disposal for firewood.
Disposal for landscaping purposes.
Transport to alternative site for breaking down materials provided that all necessary permits have been obtained to allow the alternate site to be used for this purpose.
The applicant is advised that burning off is an unacceptable method of disposal
Frontage Works
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
Roof runoff from any new building shall be directed to a rainwater storage system or tank that is installed to ensure water from the rainwater storage system or tank is used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps and toilet cisterns. All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC) current at the time of building approval, and shall be part of the plumbing application for approval.
The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works Approval and any overflow shall be directed to Council’s kerb and channel system in Allambi Rise.
All stormwater drainage (including roof water overflow from the rainwater storage system) shall be collected and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be as follows:
Drainage of the driveway and basement area shall be undertaken generally in accordance with Drawing no. 781-02 issue C by Spice Consulting dated 1 July 2009. Building Works Approval must not be granted unless the final drainage design is accompanied by certification by a Registered Professional Civil Engineer that the drainage will not cause ponding to neighbouring properties and will not affect the foundations of the subject building.
All balance drainage (i.e drainage from areas other than the driveway and basement area) shall drain to Council’s kerb & channel street drainage system in Allambi Rise.  Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted prior to obtaining a Building Works Approval. The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street drainage system at any one location is 25 litres /second.
All site stormwater drainage shall be by means of a gravity system.
Earthworks
Earthworks required on site shall be carried out in accordance with Council’s Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site.  In this regard a condition survey of all buildings or structures that border the site must be undertaken prior to commencement of excavation works.

Site Stability
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or land, and make recommendations on the excavation methodology best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
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 during construction.
In this regard, plans detailing the methods of controlling erosion and sediment in accordance with the Healthy Waterways document and fact sheet series titled “Controlling Stormwater Pollution on your Building Site dated 2006” are required to be submitted with the application for a Building Works Permit.
Engineering - 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
Additional Condition 29 September 2011
The roof top terrace shall remain unroofed and unenclosed
Additional Condition 9 April 2019
To ensure privacy is protected between adjoining properties, a screening device must be installed along the full southern edge of the new roof top terrace, to a maximum of 8m height above natural ground level and finished ground level, sufficient to ensure any use of the terrace is obscured from direct views into the adjoining southern dwellings habitable room windows.
The screening device is to be of the same form as the screening device required as per the approved plans.
It is noted the screening device may need to be installed inward from the edge of the building to achieve the desired outcome (i.e. any use of the terrace being obscured from direct views into the adjoining southern dwellings habitable room windows) while also being at or under a maximum of 8m height above natural ground level and finished ground level.
referral agencies
Not Applicable
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Council’s Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
You are advised that the site is identified as a Koala Living Area under the Nature Conservation (Koala) Conservation Plan 2006 and Management Program 2006-2016 and may contain koalas. The use of a Koala Spotter is encouraged in areas where koalas are likely to occur, prior to the removal of Angophora, Corymbia, Eucalyptus, Lophostemon and Melaleuca species. Further information can be obtained from the Environmental Protection Agency at http://www.epa.qld.gov.au or phone (07) 3227 8185.
Prior to the commencement of the development, a plumbing assessment must be obtained from Sunshine Coast Regional Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as applicable).
Pursuant to the Building and Construction Industry (Portable Long Service Leave) Act 1991 if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
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.
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 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 3239 3647 to discuss any obligations under the ACH Act.
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
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,

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice -132009.325.
Decision Notice - Minor 132009.325.01 – 29 September 2011, with an amendment to conditions 1 and additional condition 29 – 132009.325.02 – 9 April 2019, with amendment to condition 1 and additional condition 30 & 31

	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]	
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