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Minor Change Existing Approval DBW19 0005 05 · DBW19/0005.05

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                                                                              Officer:            Tara Norley
                                                                              Direct Telephone:   07 53296414
                                                                              Our Reference:      DBW19/0005.05
                                                                              Your Reference:     n/a

               3 January 2024


               SC Scheuer & CL Miller
               C/- Brennan Planning Pty Ltd
               44 Maple St
               COOROY QLD 4563
               [email protected]



               Dear Sir/Madam,
                                          Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 28 September 2023, requesting a minor change to an existing
               development approval. Council decided your requested changes.
               Details of the decision are as follows:
               1.     APPLICATION DETAILS

                Application No:               DBW19/0005.05

                Street address:               32 Park Cres Sunshine Beach Qld 4567

                Real property description:    Lot 595 RP 48112

                Planning Scheme:              Noosa Plan 2020 (25 September 2020)

               2.     DECISION DETAILS

               The following type of approval was issued on 2 April 2019
               •   Development Permit for Development Permit for Building Work - Additions to Detached
               House (Coastal Protection)
               In relation to the request to make a minor change to the existing approval, Council on
               22 December 2023, decided to approve the requested changes. The changes are detailed below.
               A.     Approved the change.
               B.     Amend condition 2
               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 authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the tables below.

                        Plan No.       Rev.   Plan/Document Name                                    Date

                        0010           14     Site Plan prepared by Lightbody Architects            07.12.23

                        1000           15     Proposed Ground floor Plan prepared by Lightbody 07.12.23
                                              Architects

                        1001           15     Proposed Lower Floor Plan prepared by Lightbody 07.12.23
                                              Architects

                        1002           15     Proposed Outdoor Floor Plan prepared by Lightbody 07.12.23
                                              Architects

                        1003           14     Proposed Roof Plan prepared by Lightbody Architects   07.12.23

                        2000           12     Proposed Building Elevations prepared by Lightbody 07.12.23
                                              Architects As annotated by Council

                        2001           12     Proposed Building Elevations prepared by Lightbody 07.12.23
                                              Architects

                        2002           2      Proposed Building Elevations prepared by Lightbody 07.12.23
                                              Architects

                        2003           2      Proposed Building Elevations prepared by Lightbody 07.12.23
                                              Architects

                        2100           12     Proposed Building Sections prepared by Lightbody 07.12.23
                                              Architects

                        2101           12     Proposed Building Sections prepared by Lightbody 07.12.23
                                              Architects

                        2103           12     Proposed Building Sections prepared by Lightbody 07.12.23
                                              Architects

                      Building Height
               2.     The maximum height of the development must not exceed 8 metres above the finished
                      ground level and the natural ground surface with the exception of the roofline over the upper
                      balcony of the dwelling that is limited to a maximum height of 9.2 metres from
                      existing/finished ground level.




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                      Performance Bond
               3.     Security in the form of a cash bond or trading bank guarantee to the sum of $2,000 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
               4.     A minimum of 20% of the site must have soft landscaping.
               5.     Prior to the commencement of the use, the following landscaping requirements must be
                      provided:
                      a)      Landscaping must be provided at the south-west part of the site to soften the built form
                              to the street. This must be situated between the front boundary and the bin enclosure
                              area and be in accordance with proposed streetscape planting plans prepared by Annie
                              King – Landscape Noosa.
                      b)      Screening vegetation must be planted along the eastern boundary at a width of 2
                              metres (200mm pot size) in accordance with Council’s Planning Scheme Policy PSP3
                              Landscaping Plants and Guidelines.
                      c)      Screening vegetation must be planted along both the northern and southern
                              boundaries for the length of the extension/alterations, particularly the 3rd storey
                              component of the building.
                      d)      Vegetation must be planted so as the proposed wall face of the retaining/planter
                              structures are largely screened to the side and rear boundaries.
               6.     All landscape works must be established and maintained in accordance with the approved
                      design for the life of the development, and in a manner that ensures healthy, sustained and
                      vigorous plant growth. All plant material must be allowed to grow to full form and be
                      refurbished when its life expectancy is reached.
               7.     All landscape works must be maintained generally in accordance with the approved design
                      for the life of the development.
                      Fencing
               8.     Boundary fences must be no greater than 2 metres in height, unless approved by Council.
                      Stormwater Drainage
               9.     Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property.
               10.    All elements of the stormwater drainage system, both above and below ground, must be
                      wholly contained within the subject site.
                      Earthworks
               11.    The development must be undertaken in accordance with the recommendations contained
                      in section 4 of the Slope Stability Assessment – Project No.19003-001-Rev1 prepared by
                      Tectonic Geotechnical & Environmental Engineers dated 28 March 2019.
               12.    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
                      section 4 of the Slope Stability Assessment – Project No.19003-001-Rev1 prepared by
                      Tectonic Geotechnical & Environmental Engineers dated 28 March 2019, and that the
                      development has a minimum factor of safety against landslip of 1.5 in the long term.
                      *(Refer to advisory Note)




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               13.    All earthworks and associated retaining walls/batters must be contained entirely within the
                      subject site unless written permission from the respective landowner(s) is provided to
                      Council. All earthworks must be undertaken in accordance with the provisions of Australian
                      Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
                      Damage to Services and Assets
               14.    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.
                      Coastal Protection
               15.    Gates must not be installed along the rear property boundary to gain direct access to the
                      beachfront.
               16.    External colours and finishes of the building and any other structures must comprise of
                      muted/environmental tones that blend with the natural environment.
               Additional Conditions – 23 June 2020
                      Currency Period
               17.    The Currency Period for this development approval lapses if all conditions have not been
                      complied with, by 23 June 2024 unless an application to extend the currency period is
                      approved by Council.
               18.    All deck panelling and balustrading is to visually unobtrusive and be largely translucent.
               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:
                      Building and Construction Industry (Portable Long Service Leave) Levy
               1.     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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
                      Qualified Person
               2.     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.
                      Infrastructure Charges
               3.     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


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               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 Building Works                      Private Certification

               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.
               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




               For Tara Norley
               Development Planner



               Enc:      Appeal Rights
                         Approved Plans/Documents




               DECISION NOTICE HISTORY
               •     Original Decision Notice – 2 April 2019.
               •     Generally in Accordance – DBW19/0005.01
               •     Decision Notice – Other Change – DBW19/0005.02 – 23 June 2020 - with an amendment to conditions 2 & 3 and additional
                     conditions 18 & 19.
               •     Decision Notice – Minor Change – DBW19/0005.03 – 23 October 2020 - with an amendment to conditions 2 & 6

               •     Decision Notice – Minor Change – DBW19/0005.04 – 25 November 2021; with amendment to condition 2.
               •     Decision Notice - Minor Change – DBW19/0005.05 – 20 December 2023, with an amendment to conditions 2.




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Document Set ID: 22748391
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Page 6

                                                                              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
               229 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 –
               (2) An appellant may start an appeal within the appeal period.
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –
                                                                                                      Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the
                       agency; or                                                             (5) A notice of appeal given to a person who may elect to be a co-
                                                                                                  respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the
                       deemed refusal happens; or                                             (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
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                                  appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          231 Other appeals
                       section 269(3)(a) or (4); or
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                   (d) for an appeal against an infrastructure charges notice – 20                the Supreme Court decides a decision or other matter under this
                       business days after the infrastructure charges notice is given             Act is affected by jurisdictional error, the decision or matter is non-
                       to the person; or                                                          appealable.
                   (e) for an appeal about a deemed approval of a development                 (2) The Judicial Review Act 1991, part 5 applies to the decision or
                       application for which a decision notice has not been given –               matter to the extent it is affected by jurisdictional error.
                       30 business days after the applicant gives the deemed
                                                                                              (3) A person who, but for subsection (1) could have made an
                       approval notice to the assessment manager; or
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                   (f)   for any other appeal – 20 business days after a notice of the            decision or matter, may apply under part 4 of that Act for a
                         decision for the matter, including an enforcement notice, is             statement of reasons in relation to the decision or matter.
                         given to the person.
                                                                                              (4) In this section –
               Note –                                                                             decision includes-
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (a) conduct engaged in for the purpose of making a decision; and
                   period.
                                                                                                  (b) other conduct that relates to the making of a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (c) the making of a decision or failure to make a decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (d) a purported decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  (e) a deemed refusal.
                   withdraw from the appeal.
                                                                                                  non-appealable, for a decision or matter, means the decision or
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  matter-
                   infrastructure charges notice must not be about-
                                                                                                  (a) is final and conclusive; and
                   (a) the adopted charge itself; or
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (b) for a decision about an offset or refund-
                                                                                                      set aside or called into question in any other way under the
                         (i)   the establishment cost of trunk infrastructure identified in           Judicial Review Act 1991 or otherwise, whether by the
                               a LGIP; or                                                             Supreme Court, another court, a tribunal or another entity; and
                         (ii) the cost of infrastructure decided using the method                 (c) is not subject to any declaratory, injunctive or other order of
                              included in the local government’s charges resolution.                  the Supreme Court, another court, a tribunal or another entity
                                                                                                      on any ground.
               230 Notice of appeal
                                                                                              232 Rules of the P&E Court
               (1) An appellant starts an appeal by lodging, with the registrar of the
                   tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
                                                                                                  rules of the court that apply to the appeal.
                   (a) is in the approved form; and
                   (b) succinctly states the grounds of 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
               (2) The notice of appeal must be accompanied by the required fee.




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Document Set ID: 22748391
Version: 5, Version Date: 03/01/2024

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