Minor Change Existing Approval 132006.2554.01

Officer: 	Jada Lyons
Direct Telephone: 	07 53296527
Our Reference:	132006.2554.01
Your Reference:	BA220148
12 August 2022
M D'Avino & A Capriccioli
C/- JDBA Certifiers
PO Box 1365
MOOLOOLABA  QLD  4557
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 26 May 2022, 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:	132006.2554.01
Street address:	51 Tristania Dr Marcus Beach Qld 4573
Real property description:	Lot 5 M 11113
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 10 January 2007
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 10 August 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 1
Include additional conditions 28 & 29
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 listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
SH-11	3	Proposed Sub-Floor Plan, prepared by Seachange Builders	Feb 2022
SH-12	3	Proposed Ground Floor Plan, prepared by Seachange Builders	Feb 2022
SH-13	3	Proposed Upper Floor Plan, prepared by Seachange Builders	Feb 2022
SH-14	3	Proposed Elevations, prepared by Seachange Builders	Feb 2022
SH-15	3	Proposed Elevations, prepared by Seachange Builders	Feb 2022
SH-17	3	Proposed Windows, prepared by Seachange Builders	Feb 2022
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 rear property boundary fence must comply with the following requirements:
no more than 1.2m in height; and
be of open construction (ie at least 50% transparent); and
be constructed with lightweight materials (ie timber); and
be of dark colours to blend with the natural landscape.
Gates must not be installed along the rear property boundary.
Dense landscaping, comprising a mix of native coastal species of ground cover, scrubs and trees, is provided for a width of 5m from the seawards or rear boundary of the site to provide adequate landscape buffering to protect the coastal dune system.
It is noted that the 3000lt rainwater storage tank may need to be relocated to comply with this requirement.
The boat storage shed must comply with the following requirements:
Have a length no greater than 9m
Have a maximum height not greater than 4.5m and a mean height not greater than 3.5m as defined in the Queensland Development Code Part 12 – Design and Siting Standard for Single Detached Housing – on lots 450m² and over.
Plans showing compliance with Condition 6 are to be submitted to Council, prior to obtaining a Development Permit for Building Works.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
A rainwater storage tank with a minimum capacity of 3000 litres shall be provided on site to service the detached house. The tank is to be installed to ensure water from the tank can be used both:
for external use such as watering gardens, irrigation, ornamental ponds or water features, topping up swimming pools, outdoor cleaning; and
for use in flushing of toilets internal to the building.
Buildings and structures (including swimming pools, sheds, tennis courts or outbuildings) are not constructed under overhead electricity transmission lines, or within any easements.
Security in the form of a cash bond or trading bank guarantee to the sum of $5 000 must be submitted, 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.
The Development Permit for a material change of use lapses if the use has not happened by 10 January 2011, unless an application to extend the currency is approved by Council.
Building Services
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.
Fences/walls and combined retaining walls shall not exceed 2.0 metres above natural ground level.
Where a wall of a building or structure is less than 750mm from the side or rear boundary, the wall is to be maintenance free.
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.
Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be protected from damage and made safe to the standard required by the regulatory authority;
All infrastructure must be disconnected, capped or sealed including--
electricity meters removed and electrical wires disconnected; and
telephone lines are disconnected; and
high-speed data cables and television provider boxes are disconnected and removed to the standard required by the regulatory authority;
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging, must be removed from the building and disposed of in accordance with industry best practice.
Waste generated during construction must be stockpiled in a centralised location and covered as required to prevent material being blown onto adjoining properties including the road reserve or food waste from generating vermin. All site waste must be disposed of to an approved waste disposal facility either directly or via an approved waste receptacle and collection service. Storage areas are to be located near the temporary access to the site so that access can be gained without damage to infrastructure.
A temporary crossing must be provided to protect road reserve infrastructure including kerb and channel;
Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site, the relocation site or between the sites must be repaired or reinstated to at least pre-existing conditions.
Sediment and erosion control measures must be placed on site prior to the works commencing and shall be maintained until all works are complete. The erosion and sediment control measures shall be in accordance with the “Best practice guidelines for control of stormwater on building sites” prepared by Healthy Waterways (copy attached or available at www.healthywaterways.org).
All disturbed areas must be revegetated or otherwise stabilised at the completion of the works. Disturbed areas are revegetated using species identified in PSP3 – Landscaping Plants and Guidelines
The transportation of all materials to and from the site must be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying out materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle
The works must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
There is to be no uncontrolled discharge of water onto the slope.
Additional Conditions 10 August 2022
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. The stormwater system must be generally in accordance with drawing number 1777 prepared by Construction Hydraulic dated 20 July 2007.
The Slope Stability Assessment, Project No. 22134-001-Rev 0 prepared by Tectonic and it’s included recommendations, must be amended to acknowledge the on-site stormwater drainage system. The amended assessment must be submitted to the building certifier prior to the issue of the building permit.
referral agencies
Not Applicable
advisory notes
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 work.
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,

Jada Lyons
Assistant Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 10 January 2007.
Decision Notice - Minor 132006.2554.01 – 10 August 2022; amend condition 1; and additional conditions 28 & 29

	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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