Council archive · source document
Decision Notice DBW23 0125 · DBW23/0125
Officer: Georgina Schramm
Direct Telephone: 07 53296569
Our Reference: DBW23/0125
Your Reference: 36282
17 April 2024
NN Bakaric & PT Bakaric
C/- Coastal Building Certifications Pty Ltd
10 AKOUNAH CRES
BUDDINA QLD 4575
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 April 2024, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW23/0125
Street address: 9 Wyuna Dr Noosaville Qld 4566
Real property description: Lot 4 N 10575
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Building Work Assessable Against the Planning Scheme - Dwelling
House (roof form)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
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 of the building commencing, and then compliance maintained at all times while the
use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the use has not happened by 15 April 2026, unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table/s below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Building Works*
Plan No. Rev. Plan/Document Name Date
- - - -
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
C1.0 - Site Plan prepared by Chris Clout Design 18.01.2024
Amendments In accordance with the conditions of the Development Permit for
Building Works Assessable against the Planning Scheme.
*(Refer to Advisory Note)
Flood Immunity and Earthworks
4. The minimum floor levels of all habitable rooms must be at least 300 millimetres above the
Defined Flood Event – 1% AEP.
Engineering
5. 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.
6. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Acid Sulfate Soils
7. The disturbance and release of Acid Sulphate Soils (ASS) must be avoided by:
a. Undertaking an Acid Sulfate Soils investigation and soil analysis pursuant to the
National Acid Sulfate Soils Guidance.
b. Not Excavating or otherwise removing soil or sediment containing ASS.
c. Not permanently or temporarily extracting groundwater that results in the aeration of
previously saturated ASS; and
d. Not undertaking filling on land at or below 5 meters AHD that results in:
i. Actual ASS being moved below the water table; or previously saturated ASS
being aerated.
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e. Prior to the issue of the Final Building Certificate, provide certification from a suitably
qualified person that all works have been undertaken in accordance with the Acid
Sulfate Soil Management Plan.
Where potential or actual Acid Sulfate Soil is identified, all works must be carried out in
accordance with an Acid Sulfate Soils Management Plan prepared by a qualified person*.
*(Refer to advisory note)
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Submission of Amended Plans Required
1. The conditions of this Decision Notice require resubmission of plan/s to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. DBW23/0125, RAP23/0029 separate to any development
application.
Qualified Person – Acid Sulfate Soils
2. For the purpose of preparing an Acid Sulfate Soils Management Plan, a qualified person is
considered to be a person who: a. Is a Registered Professional Engineer of Queensland
(RPEQ); or b. Environmental/Soil Scientist with current professional membership status at a
relevant organisation (e.g. ASSSI, AIG; EIANZ; GSA); and c. Has a minimum of 5 years of
professional experience in the field of Acid Sulfate Soils.
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
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building works.
11. SUBMISSIONS
Not applicable.
12. 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.
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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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Development Planner
Enc: Appeal Rights
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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
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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