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Decision Notice - DBW22 0117

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                                                                                    Officer:            Lisa Pienaar
                                                                                    Direct Telephone:   07 5329 6514
                                                                                    Our Reference:      DBW22/0117
                                                                                    Your Reference:     n/a

               20 March 2023


               M Design
               PO Box 290
               PEREGIAN BEACH QLD 4573
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 15 March 2023, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.     APPLICATION DETAILS

                Application No:               DBW22/0117

                Street address:               80 Lorikeet Dr Peregian Beach Qld 4573

                Real property description:    Lot 2 RP 862526

                Planning Scheme:              Noosa Plan 2020 (25 September 2020)

               2.     DECISION DETAILS

               Council decided to issue the following type of approval:
               Development Permit for Building Works Assessable Against the Planning Scheme - Additions to
               a Dwelling House (Coastal Protection)
               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 commencing, and then compliance maintained at all times while the use continues.
                      Plans and Documents
               2.     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.



                                             PO Box 141                P. (07) 5329 6500       [email protected]
                                             TEWANTIN QLD 4565         F. (07) 5329 6501       www.noosa.qld.gov.au
                                                                                                             Page 1 of 5
Document Set ID: 22344714
Version: 5, Version Date: 20/03/2023
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Decision Notice - DBW22 0117.pdf · 177 KB (small file)

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                        Plan           Rev. Plan/Document Name                                    Date
                        No.

                        1.1            J    Proposed site plan, prepared by M Design (as 28.02.2023
                                            annotated by Council)

                        2.0            J    Demolition GF Plan, prepared by M Design              28.02.2023

                        2.1            J    Demolition FF Plan, prepared by M Design              28.02.2023

                        3.0            J    Proposed GF Plan, prepared by M Design (as 28.02.2023
                                            annotated by Council)

                        3.1            J    Proposed FF Plan, prepared by M Design (as 28.02.2023
                                            annotated by Council)

                        3.2            J    Viewing Deck, prepared by M Design                    28.02.2023

                        4.0            J    Elevations (1), prepared by M Design (as annotated by 28.02.2023
                                            Council)

                        4.1            J    Elevations (2), prepared by M Design (as annotated by 28.02.2023
                                            Council)

                        5.0            J    Perspective, prepared by M Design                     28.02.2023

                        5.2            J    Perspective, prepared by M Design                     28.02.2023

                      Currency Period
               3.     This development approval lapses if the use has not happened by 15 March 2025, unless
                      an application to extend the currency period is approved by Council.
                      Building Height
               4.     The maximum height of the development must not exceed 8 metres above ground level.
               5.     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
               6.     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.
                      Extent of approval
               7.     The proposed car port is not approved.
                      Landscaping
               8.     A minimum of 20% of the site must be retained as soft landscaping.
               9.     Existing trees on the site must be retained, except where required to be removed to
                      accommodate the approved works. However, in this regard, the removal of vegetation must
                      not occur along the northern or southern boundaries.




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               10.    Planting must be established for half the length of the northern boundary (from the rear) that
                      at maturity reaches a height of a minimum of 7 metres, providing a sufficient green buffer to
                      the building. The minimum pot size must be 15 L.
               11.    Existing vegetation in the road reserve must be retained, unless written authorisation from
                      Council is granted for the clearing.
               12.    Trees to be retained must be protected from clearing or construction activities by:
                      a.      clearly marking vegetation to be retained with flagging tape;
                      b.      installing protective fencing around the drip line of the vegetation;
                      c.      restricting stockpiling, storage and vehicle parking to those areas which are already
                              cleared;
                      d.      using low impact construction techniques around vegetation.
               13.    A minimum 5 metre wide landscaping area is to be established from the rear boundary
                      (exclusive of pool location) and be in accordance with Landscaping PSP 2 in Noosa Plan
                      2020 (Coastal Species).
               14.    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.
               15.    No artificial grass is allowed. Where any exists, it is to be removed and landscaped in
                      accordance with Conditions 10 & 13 of this Decision Notice.
                      Coastal Protection
               16.    External colours and finishes of the building must comprise of muted/environmental tones
                      that blend with the natural environment.
                      Pedestrian Access
               17.    Gates must not be installed along the eastern property boundary to gain direct access to the
                      beachfront.
                      Damage to Services and Assets
               18.    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.


               5.     REFERRAL AGENCIES

               Not applicable.




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               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               Infrastructure Charges
               1.     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
               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           All Building Works

               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.
               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.
               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,




               Lisa Pienaar
               Development Planner


               Enc:   Appeal Rights
                      Approved Plans/Document




                                                                                                       Page 4 of 5
Document Set ID: 22344714
Version: 5, Version Date: 20/03/2023

Page 5

                                                                              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: 22344714
Version: 5, Version Date: 20/03/2023

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