Minor Change Existing Approval DBW19 0007.01 · DBW19/0007.01

Officer: 	Billy Glover
Direct Telephone: 	07 53296109
Our Reference:	DBW19/0007.01  : JELDER
Your Reference:	n/a
20 August 2020
Heath Group Pty Ltd Tte
C/- Natani Design Pty Ltd
PO Box 620
NOOSAVILLE   QLD  4566

nathan,[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 29 June 2020, 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:	DBW19/0007.01
Street address:	17 Bayview Rd Noosa Heads Qld 4567
Real property description:	Lot 5 RP 193958
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 20 June 2019
•	Development Permit for Building Work - Additions and Alterations to Detached House (Height & Setbacks)
In relation to the request to make a minor change to the existing approval, Council on 20 August 2020, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend conditions 2 and 3.
currency period of approval
Unless an application to extend the currency period is approved by Council, this Development Permit for Building Works will lapse if a building development application for the development has not been approved by 21 June 2021.

assessment manager conditions
PLANNING
When Conditions must be Complied With
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
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
A001	J	Site Plan, drawn by Natani Design As annotated by Council	11/05/2020
A002	J	Tree Plan 1, drawn by Natani Design	11/05/2020
A003	J	Tree Plan 2, drawn by Natani Design	11/05/2020
A111	J	Level 1 Floor Plan, drawn by Natani Design	11/05/2020
A112	J	Level 2 Floor Plan, drawn by Natani Design	11/05/2020
A113	J	Level 3 Floor Plan, drawn by Natani Design	11/05/2020
A114	J	Clerestorey Plan, drawn by Natani Design	11/05/2020
A115	J	Roof Plan, drawn by Natani Design	11/05/2020
A201	J	South Elevation, drawn by Natani Design	11/05/2020
A202	J	West Elevation, drawn by Natani Design	11/05/2020
A203	J	North Elevation, drawn by Natani Design	11/05/2020
A204	J	East Elevation, drawn by Natani Design	11/05/2020
A211	J	South Elevations, drawn by Natani Design	11/05/2020
A212	J	West Elevations, drawn by Natani Design	11/05/2020
A213	J	North Elevations, drawn by Natani Design	11/05/2020
A214	J	East Elevations, drawn by Natani Design	11/05/2020
A215	J	Elevations, drawn by Natani Design	11/05/2020
A220	J	3D View 1, drawn by Natani Design	11/05/2020
A221	J	3D View 2, drawn by Natani Design	11/05/2020
A222	J	3D View 3, drawn by Natani Design	11/05/2020
A230	J	3D View – Above 8.0m 9.0 North, drawn by Natani Design	11/05/2020
A231	J	3D View – Above 8.0m 9.0 South, drawn by Natani Design	11/05/2020
A311	J	Section A-A – Proposed, drawn by Natani Design	11/05/2020
A312	J	Section B-B – Proposed, drawn by Natani Design	11/05/2020
A313	J	Section C-C – Proposed, drawn by Natani Design	11/05/2020
A314	J	Section D-D – Proposed, drawn by Natani Design	11/05/2020
A315	J	Section E-E – Proposed, drawn by Natani Design	11/05/2020
A316	K	Section G-G – Proposed, drawn by Natani Design	11/08/2020
A320	J	Section F-F – Proposed, drawn by Natani Design	11/05/2020
Building Height
3.	The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface. Except for:
the roof form above the level 3 terrace/north verandah which must not exceed 9.3 metres above the natural ground surface; and
the gable roof above the living room and pantry which must not exceed 9 metres above the natural ground surface; and
the clerestory roof form which must not exceed 9.9 metres above the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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
A minimum of 20% of the site must be retained as soft landscaping.
Existing trees on the site must be retained, except where pruning is required to accommodate the approved additions and alterations. In this regard, the pruning of vegetation must not exceed that shown on the approved plans numbered A002 and A003 dated 11 May 2020.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected 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
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
2 x street trees must be planted in the road reserve to provide screening to the dwelling encroachment in the front setback area in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The planted vegetation must have a minimum pot size of 45 litres and consist of native, endemic species with a mature height of not less than 8 metres.
Earthworks
Earthworks required on site must 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.
referral agencies
Not applicable.
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
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 works (Private Certification)
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,

Billy Glover
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice – 20 June 2019.
Decision Notice - Minor - DBW19/0007 – 18 August 2020, with an amendment to conditions 2 and 3.

	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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ee) NOOSA COUNCIL