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Minor Change Existing Approval 51984 3164 01 · 51984.3164.01
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: 51984.3164.01
Your Reference: 0393
29 January 2025
Alan Starkey & Assocaites & SM Charlton &
KM Charlton & SE Kelaher & SJ Paton &
J Kennard & EH Kennard & Hazgem P/L TTE
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 24 January 2024, 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: 51984.3164.01
Street address: Noosa Crest 33, 34, 37, 38 & 40 /17 Natasha Ave Noosa Heads
Qld 4567
Real property description: Lot 23 BUP 8432 BUP 8432
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 21 November 1984.
• Town Planning Consent – Multiple dwellings (28 units)
In relation to the request to make a minor change to the existing approval, Council on 22 January
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional condition 47and 48.
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
1. Compliance with all relevant own Planning Provisions, Bylaws and Policies.
2. Minimum disturbance is to be caused to natural Flora. No vegetation is to be removed other
than that which would impede building operations pursuant to Chapter XXII of Council’s
Bylaws dealing with the Preservation of Trees. Where practicable, revegetation of the site is
to be carried out following the cessation of building activity.
3. Permanent cover car parking to be provided on the site for twenty-eight (28) vehicles together
with space sufficient for seven (7) visitors’ vehicles. Areas on which vehicles will be driven
and/or parked to be provided with a flexible or other pavement surfaced with bitumen seal
coat, asphaltic or other concrete properly constructed and maintained to good engineering
standards to the satisfaction of the Council’s Engineer. Plans and specifications for such
areas including footpath crossings to be submitted prior to issues if a Building Permit.
Vehicular access to and from the site to be designed so as to ensure that sufficient area is
available for maneuvering and turning to permit forward movement to and from the road.
4. A concrete invert and paved access to connect to the existing bitumen road pavement to be
constructed to the satisfaction of the Council’s Engineer.
5. Connection to Council’s sewerage system.
6. Connection to Council’s water supply facility at the applicant’s expense.
7. See special condition set out below.
8. No earthworks or filling shall be carried out on the site until the issue of a building permit.
9. Comply with the reasonable requirements of the Regional Fire Safety Officer.
10. The approval given herein does not absolve the applicant from the responsibility of submitting
for approval, working drawing complying with the Building Act 1975 as amended and the
Standard Building Bylaws. Such drawings shall be substantially in accordance with the Town
Planning Consent approval and related drawings and approval pursuant to the Building Act
shall be obtained prior to any building works being carried out on the site. This consent
approval does not imply that building approval will be granted.
11. The approval herein is for Town Planning consent only and does not imply that Council
consent will be granted to an application under the Group Titles Act or Building Unit Titles
Act.
12. In accordance with Clause 3 (2) of Part II of Council Bylaws, Chapter XLIV (Town Planning),
Council’s approval is valid for a period of two (2) years at the expiration of which period the
Council may take action to revoke its approval if in the opinion of the Council, substantial
progress has not been made in erecting the building or other structure the subject of the
consent permit; or he land, the subject of the consent permit, is not being used substantially
in accordance with the purposes for which consent was granted.
13. An identification survey of the subject site is to be carried out by an authorised surveyor and
is to be submitted to Council at the time of the foundation inspection by the Council’s Building
Surveyor or immediately thereafter. Such survey shall set out the boundaries of the site and
the position of the building(s) on the site.
14. To ensure compliance with any and all conditions of this approval, Council will require that
you enter into a Bank Bond to guarantee performance. The value to be lodged prior to issue
of a building permit and any costs incidental thereto will be the applicant’s responsibility.
15. The conditions of this permit are to be completed prior to occupancy of the building and if
this is not done, Council reserves the right to call on bond moneys lodged to carry out the
works involved.
16. Provision shall be made for the storage and removal of refuse in accordance with Council’s
policies and to the requirements of the Council’s Health Surveyor.
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17. Filling, other development work or the erection of any buildings or other structures shall be
carried out so as not to cause any ponding of water on adjoining land or any blockage or
interference with any natural water course or on any other way unduly affect adjoining
property. In any case where it is unavoidable that the proposed development any cause ant
of the above disabilities, such remedial drainage or other works shall be carried out to the
requirements of the Shire Engineer. The design of such works shall be approved by the Shire
Engineer prior to the issue of a Building Permit.
18. The location of point for mail delivery (letterboxes) shall be to the requirements of Australia
Post, generally in accordance with its policy on the matter.
Special Conditions
19. Prior to the issue of the Building Permit a detailed report prepared by a qualified Geotechnical
Engineer shall be submitted to Council for consideration and approval. This report shall cover
in detail the Geotechnical aspects of the design and construction of the project. Matters cover
in the report shall include the following –
a. Identification of types of failures of the steep dune slope that could occur.
b. Guidelines for establishment of foundation levels.
c. Effect of lateral loading on the foundations.
d. The conditions governing construction procedures for all work on the allotment must
be defined before it can be determined whether construction will adversely affect
stability. Factors to be defined include: site supervision; storage for materials;
discharge of water; limits to area of operation of machinery; site drainage; piling
techniques; removal of vegetation and revegetation.
e. Further consideration must be given to possible effects of landslips on the contiguous
grout pile wall at the western boundary and to detailed construction procedures for this
wall.
This retaining wall is not approved at this stage, and approval will be dependent upon
submission of information to verify that the wall will not adversely effect the stability of
the dune slope generally, or the adjoining property. The accommodation of equipment
for construction of this wall is also of major concern.
f. Impact of any filling proposed in the area of Section C.
g. Measures proposed to stabilize the toe of the steep dune slope, as this is crucial to the
design assumptions.
h. Additional detail soil investigations as necessary to verify the bearing capacity of the
existing materials.
i. Details to verify that vibration from construction traffic using Natasha Avenue will not
adversely effect the stability of the steep dune slope or buildings in the area generally.
20. Detailed plans prepared by a registered Civil Engineer are to be submitted to Council for
approval with the building application, incorporating the structural design of the building, pool,
retaining walls ect. Full details of the proposed staging of construction including earthworks,
installation of the retaining walls, the pool, section of the building below existing grounds
levels at the side boundaries of the property, and provision of support for adjoining properties
shall be submitted.
21. The building application shall be accompanied by the following: -
a. A detailed design of the proposed method of connecting the development to Council’s
existing sewerage system.
b. Detailed design and documentation for the construction of roadworks in the Natasha
Avenue cul-de-sac. The design parameters shall be: -
i. 3.5 metre wide footpath, unless services dictate otherwise.
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ii. 16 meter minimum diameter cul-de-sac bitumen sealed with kerb and
channel.
iii. Grading and paving of unsurfaced areas and associated drainage.
iv. A footpath for that part of the road frontage of the site.
v. A concrete crossover of adequate dimensions to enable ready ingress
and egress to the site.
The cul-de-sac and the above works shall be constructed as part of the development.
c. Detailed design and documentation for the construction of a stormwater drainline to
service the developed portion of the subject site. The drainline shall not be located on
the dune slope within the property, but shall extend from a suitable point on the
development site across the adjacent site on the east to the Noosa Drive road reserve,
wherein it shall be compatible with the forward planning intentions of that part of the
road reserve. From the Noosa Drive road reserve, the drainline shall follow the existing
steep gully which runs across the north-eastern corner of the adjacent development
site and shall then discharge to Noosa Inlet via a suitably designed outlet structure.
Drainage easements shall be required over the abovementioned drainlines where they
traverse private property.
d. Details of works proposed to re-establish the stability of the toe of the sand dune,
particularly in areas where the slope is over steepened.
e. A detailed stormwater drainage design for the building and site which is to be prepared
having regard to the fact that stormwater should not be dieted onto the sand dune at
the rear of the site. The system is to be designed to ensure that surcharge if the
drainage system due to blockages, ect., will not be directed to the rear of the site.
f. Details of stormwater drainage of the natural and excavated surface of the site during
construction. This drainage shall not be directed towards the rear of the site.
g. Details of proposed method of drainage the swimming pool when required, for
maintenance purposes.
h. Details of the proposed controls to be applied to the building works to ensure that
stormwater is not directed towards the dune face and to ensure that construction
vibrations are kept within controls to be detailed by the Applicant’s Consulting
Geotechnical Engineers. Such controls to be sent by the Applicant’s Consulting
Geotechnical Engineers to ensure that the stability of the sand dune will not be
adversely affected.
i. Details of the period of the year during which construction works, particularly
excavation and foundation construction, should take place.
j. Details of proposal for revegetation of areas disturbed during building and drainage
works and details of any proposed improvements to vegetation within the sand dune
at the rear of the site. These details are to be prepared by the Applicant’s Landscape
Architect and approved by the Applicant’s Consulting Geotechnical Engineers.
k. Calculations to verify that the building will be able to withstand loads imposed by
possible future movement of the sand dune to a depth of 4m. below existing surface
levels, or to the depth of a plane sloping at 27 degrees from the toe of the sand dune,
whichever is the greater. In particular, the calculations will need to verify that the
structure is able to withstand lateral loads imposed by these possible future sand
movements.
l. Calculations to verify the adequacy of the design of the foundation system.
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m. Erosion prevention methods proposed to ensure the future maintenance of stability of
the toe of the sand dune so that the basis of the design of the building foundations as
set out in the reports by the Applicant’s Consultants, is not invalidated. In considering
this point, regard shall be had to the possible erosion effects of a disaster situation
such as river flooding and cyclone flooding of the Noosa River Estuary.
n. Details of the Design of any services under the building such that they will not be
disturbed or damaged by the possible future sand movements set out in (K) above.
22. The building application and details required in Conditions 2 and 3 above, shall be analysed
by the Applicant’s Geotechnical Engineers and they shall be required to report on the
application, etc., and certify that the detailed design of the development is to their satisfaction.
23. There shall be no disturbance of the sand dune below the building area except for the
establishment of additional vegetation or as otherwise approved by Council’s Engineer.
24. The building application shall incorporate full details of the proposed internal driveway
including levels, grades, etc., and these shall be related to existing road levels and a footpath
crossing designed in accordance with Council’s normal requirements.
25. During the construction period involving the construction of the whole of the foundations,
retaining walls and the lower floor, this work is to be permanently supervised on the site by
a suitably qualified and experienced Consulting Geotechnical Engineer. No work of any such
kind shall be carried out if her is not on the site supervising the work. The Builder shall at all
times comply with the directions of the Consulting Geotechnical Engineer. Termination of the
period of time his is to remain on the site id to be determined by Council’s Engineer.
26. No material of any kind is to be deposited over the slope nor is water to be discharged over
it at any time during the construction phase.
27. No materials of any kind are to be stored or be left on top of the steep dune slope.
28. Excavation work is to be carried out in such a way that machinery is not to operate on the
top of the steep dune slope nor over it.
29. The drainage of the site during construction is to be carried out to the satisfaction of the
Engineering Department, but should in no way be directed into the vicinity of the slope.
30. Driven piles are not to be used.
31. No trees or vegetation on the site are to be removed except with the approval of the
Applicant’s Consulting Geotechnical Engineer and Council’s Engineers
32. Every reasonable requirement of the Engineering Department is to be complied with.
33. At the completion of works, certificates shall be submitted by the Applicant’s Geotechnical
Engineer and Structural Engineer to certify that the works have been carried out to the
requirements and satisfaction and that the basis of the design was not rendered invalid by
the conditions of the site.
34. The Applicant shall contribute towards augmentation of road, sewerage and water supply
services in the area in accordance with Council’s Noosa Hill Policy. The contribution is to be
$2,516 per equivalent tenement increased in accordance with the C.P.I from the 30th
June1981, to the current quarter at time of payment. Payment shall be made prior to release
of the Building Permit. A credit will be allowed for the number of existing equivalent
tenements.
35. Upgrading of the water main servicing the site and in the vicinity of the site if considered
necessary by Council’s Water Supply and Sewerage Consultants.
36. All of the works within and external to the site and detailed in the above conditions are to be
completed by the Applicant and at no cost to Council.
37. No construction materials shall be stored to the north of the intersection of the plane of the
27 degrees line with the ground surface or excavated ground surface as applicable.
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38. Any alterations to public utility services required by implementation of the above conditions
shall be at the Applicant’s full cost.
39. Construction of a walkway from the buildings to Noosa Inlet over the steep dune slope is not
approved.
40. External stormwater drainage works shall be constructed prior to commencement of the
remainder of the construction works, so the run-off from the construction works can be
disposed of through the permanent drainage system.
41. The Applicant shall take all steps possible to obtain legal vehicle access to the site from
Noosa Drive through the adjoining properties. This includes access for heavy vehicles
gaining access to and from the site for construction purposes. If such access cannot be
obtained, Council will require as a minimum that a smooth asphalt surface be constructed in
Natasha Avenue at the Applicant’s cost to minimize the transmission of vibrations from heavy
vehicles.
42. The underground or partly underground carpark shall be established in accordance with
Council’s policy for such a facility.
43. Rooftop recreation and landscaped areas shall be established in accordance with Council’s
policy on matters.
44. The provision of an underground access driveway to connect to the proposed underground
carpark on the adjoining site (Lot 2 R.P 122292) shall be constructed as indicated on the site
application to the requirements of the Shire Engineer.
45. Any associated canal access jetty facilities are not approved.
46. There shall be no interference with the vegetation or natural surface of the sandslope from
the site of the building works to the toe of the sandslope at the canal.
Additional Conditions – 22 January 2025
47. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
Units 33, 44, 37, 38 & 40
A202 A As is Site Plan prepared by Collins Building 28/01/2022
Designs
As annotated by Noosa Council
A301 A Tce 19 Existing & Proposed Floor Plan 28/01/2022
prepared by Collins Building Designs
As annotated by Noosa Council
A302 A Tce 20 Existing & Proposed Floor Plan 28/01/2022
prepared by Collins Building Designs
As annotated by Noosa Council
A303 A Tce 21 Existing & Proposed Floor Plan 28/01/2022
prepared by Collins Building Designs
As annotated by Noosa Council
A304 A Tce 22 Existing & Proposed Floor Plan 28/01/2022
prepared by Collins Building Designs
As annotated by Noosa Council
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A305 A Tce 23 Existing & Proposed Floor Plan 28/01/2022
prepared by Collins Building Designs
As annotated by Noosa Council
A401, A402, A Elevations prepared by Collins Building 28/01/2022
A403, A404, Designs
A405,
A501, A502, A Sections prepared by Collins Building 28/01/2022
A503, A504, Designs
A505
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
A406 Elevations prepared by Collins Building 28/01/2022
Designs
Amendments The elevation is required to be amended to include applied
architectural finishes across levels 2 & 3 to reduce the perception of
building height when viewed from the Natasha Avenue Road reserve
and to minimise the extent of the austere building elevation fronting
the street. The elevation shall identify materials, finishes and colours
intended to be used.
Nature of Approved Use
48. The rumpus rooms must not be used as a bedroom at any time.
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:
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
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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,
Andrew Gaffney
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 21 November 1984 (TPC 1694)
• Decision Notice - Minor – 51984.3164.01 – 22 January 2025 - add additional conditions 47 & 48.
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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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