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SUPERSEDED - Decision Notice - DBW23 0093 & RAP23 0021 [As Published] · DBW23/0093

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                                                                                  Officer:          Samuel Osakwe
                                                                                  Direct Telephone: 07 5329 6316
                                                                                  Our Reference:    DBW23/0093
                                                                                                    RAP23/002
                                                                                  Your Reference:   n/a

               1 December 2023


               CTC Blue TTE & M Blue
               C/- Brennan Planning Pty Ltd
               44 Maple St
               COOROY QLD 4563
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 28 November 2023, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              DBW23/0093 & RAP23/0021

                   Street address:              29 Adams Street, Sunshine Beach

                   Real property description:   Lot 535 RP 48112

                   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 -
                       Additions to Dwelling House (Coastal Protection)
               •       Referral Agency Response
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

               DEVELOPMENT PERMIT FOR BUILDING WORKS – PLANNING CONDITIONS
                       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
                                                                                                          Page 1 of 6
Document Set ID: 22711960
Version: 3, Version Date: 01/12/2023
Full text of the other 5 pages

Page 2

                      Currency Period
               2.     This development approval lapses if the works have not substantially started by 29
                      November 2025, 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 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*.
                      The following plans require amendment.

                        Plan No.           Rev.    Plan/Document Name                            Date

                        A-130              -       Ground Level Plan, prepared by Wilson 26/4/23
                                                   Architects

                        Amendments         All new works or structures must be setback a minimum of 6 metres
                                           from the seaward boundary of the site as per Condition 9.

                        Plan No.           Rev.    Plan/Document Name                            Date

                        A-131              -       Level 1 Plan, prepared by Wilson Architects 26/4/23

                        Amendments         All new works or structures must be setback a minimum of 6 metres
                                           from the seaward boundary of the site as per Condition 9.

                        Plan No.           Rev.    Plan/Document Name                            Date

                        A-132              -       Roof level Plan, prepared by Wilson 26/4/23
                                                   Architects

                        Amendments         All new works or structures must be setback a minimum of 6 metres
                                           from the seaward boundary of the site as per Condition 9.

                        Plan No.           Rev.    Plan/Document Name                            Date

                        A-200              -       Southern Elevation, prepared by Wilson 26/4/23
                                                   Architects

                        Amendments         All new works or structures must be setback a minimum of 6 metres
                                           from the seaward boundary of the site as per Condition 9.

                        Plan No.           Rev.    Plan/Document Name                            Date

                        A-201              -       Northern Elevation, prepared by Wilson 26/4/23
                                                   Architects

                        Amendments         All new works or structures must be setback a minimum of 6 metres
                                           from the seaward boundary of the site as per Condition 9.

                        Plan No.           Rev.    Plan/Document Name                            Date

                        A-300              -       Section 2, prepared by Wilson Architects      26/4/23

                        Amendments         All new works or structures must be setback a minimum of 6 metres
                                           from the seaward boundary of the site as per Condition 9.



                                                                                                      Page 2 of 6
Document Set ID: 22711960
Version: 3, Version Date: 01/12/2023

Page 3

                      *(Refer to Advisory Note)
                      Performance Bond
               4.     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. 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.
                      Environment
               5.     Sediment or any other material including building materials or waste products must not be
                      deposited or released into the road reserve, stormwater drain or adjacent properties.
                      Landscaping Works
               6.     A minimum of 20% of the site must be retained as soft landscaping.
               7.     Existing native trees on the site must be retained.
               8.     Existing vegetation in the road reserve must be retained, unless written authorisation from
                      Council is granted for the clearing.
                      Coastal Protection
               9.     All new works and structures must be setback a minimum of 6 metres from the seaward
                      boundary of the site.
               10.    External colours and finishes must be of muted/environmental tones that blend with the
                      natural environment and low-reflective roofing and cladding materials.
                      Stormwater Drainage
               11.    Stormwater runoff from the development must be discharged to the street without causing
                      scour or damage to the subject site or any adjoining property.
                      Damage to Services and Assets
               12.    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 ex existing services and assets
               must first be referred to the relevant service authority for approval.
               REFERRAL AGENCY PLANNING CONDITIONS
               The proposed development requires referral to Council for building work under Table 3 for the
               variation to the building setbacks.
               You are advised that:
               •      Council requires that any development approval for building work is subject to the
                      conditions stated in the development approval for DBW23/0093
                      Currency Period for Referral Agency Response
               •      This Concurrence Agency response is no longer valid if the use has not commenced within
                      4 years of the date of this notice, unless otherwise extended in writing by Council.
               5.     REFERENCE DOCUMENTS

               Not applicable.




                                                                                                     Page 3 of 6
Document Set ID: 22711960
Version: 3, Version Date: 01/12/2023

Page 4

               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:
                      Resubmission of Amended Plans Required
               1.     The conditions of this Decision Notice require resubmission of plans to Council with
                      amendments. Please address the amended plan/s to Council’s Development Assessment
                      Branch with the Reference No. DBW23/0093. It is recommended the plan/s be resubmitted
                      prior to lodgement of any Building Works application.
                      Development Compliance Inspection
               2.     Prior to the commencement of the use, please contact Council's Development Assessment
                      Branch to arrange a Development Compliance Inspection.
                      Sustainability
               3.     Council encourages sustainable and energy efficient building design for all development,
                      including the use of sustainable building materials, energy efficient fittings, solar hot water,
                      photovoltaic systems (including the use of inverter/charges), solar panels, water saving
                      devices and rainwater harvesting.
                      Fires in Urban Areas
               4.     In urban areas fires are prohibited except where in an appliance is used for domestic heating
                      or cooking purposes, which must comply with particular standards. Any area identified as a
                      fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
                      Law No. 3, Schedule 3. Refer to the following link for details:
                      https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
                      Infrastructure Charges
               5.     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
               6.     Any future works to the existing driveway crossover or to the existing retaining wall within the
                      road reserve must be done in accordance with an Operational Works approval.
               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.




                                                                                                        Page 4 of 6
Document Set ID: 22711960
Version: 3, Version Date: 01/12/2023

Page 5

               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.
               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 on line at
               www.noosa.qld.gov.au or at Council Offices.


               Yours faithfully,




               Samuel Osakwe
               Development Planner



               Enc:   Appeal Rights
                      Approved Plans/Documents




                                                                                                       Page 5 of 6
Document Set ID: 22711960
Version: 3, Version Date: 01/12/2023

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.




                                                                                                                                                    Page 6 of 6
Document Set ID: 22711960
Version: 3, Version Date: 01/12/2023

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