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Decision Notice - Minor Change - MCU17 0559 04 [As Published]
Officer: Georgina Schramm
Direct Telephone: 07 5329 6569
Our Reference: MCU17/0559.04
Your Reference: 229668
31 January 2024
MCDR Guerreiro & JEG Guerreiro
C/- Cadcon Surveying & Town Planning
PO Box 5774
MAROOCHYDORE BC QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 5 October 2023, 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: MCU17/0559.04
Street address: 16 Grant Street, Noosa Heads
Real property description: Lot 87 RP 92518
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 1 August 2018.
• Development Permit for Material Change of Use - Multiple Housing - Type 2 Duplex
In relation to the request to make a minor change to the existing approval, Council on 31 January
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change;
B. Amend conditions 2 & 5;
C. Delete condition 4; and
D. Include additional conditions 31 and 32.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 6 years starting the day that the original
development approval MCU17/0559 took effect.
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
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.
Approved Plans
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.
Plan No. Rev. Plan/Document Name Date
001 18 Site Plan by H4 10.09.2019
002 18 Site Cover by H4 10.09.2019
100 22 Lower Floor Plan by H4 10.01.2024
101 22 First Floor Plan by H4 10.01.2024
200 18 Roof Water Discharge Plan by H4 10.09.2019
300 22 Elevations by H4 10.01.2024
301 22 Elevations by H4 10.01.2024
302 22 Front Entry Elevation prepared by H4 Plan 10.01.2024
+ Design + Build
500 22 3D Perspectives – Unit 16 prepared by H4 10.01.2024
Plan + Design + Build
501 22 3D Perspectives – Unit 16 prepared by H4 10.01.2024
Plan + Design + Build
900 22 Details – Unit 16 Planter Box prepared by 10.01.2024
H4 Plan + Design + Build
901 22 Details – Unit 16 Planter Box prepared by 10.01.2024
H4 Plan + Design + Build
Nature and Extent of Approved Use
3. The Decision Notice approves 2 x 2-bedroom dwelling units.
4. Deleted.
5. The landscape planter boxes, as detailed on the approved plans, must be provided to the
area adjacent to the rumpus room and bedroom 2 of both dwelling units (northern and
southern elevations). The planter boxes must not be removed.
Building Height
6. The maximum height of the development must not exceed 8.0 metres above the finished
ground level and the natural ground level, except for the front face of the building which must
not exceed 8.20 metres.
7. 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.
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Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works prior to pre-start meeting. 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.
Water & Sewer Connections
9. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
10. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to the development site.
Building Appearance
11. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties.
12. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres, glass panelling or the like.
Landscaping
13. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and Planning Scheme Policy PSP 3 – Landscaping
Plants and Guidelines and must include in particular:
a. A landscape area of at least 192m2, of which a minimum of 60% of this is soft
landscaping.
b. Landscaping to northern and southern side boundaries which must include screening
vegetation suitable to provide a visual relief to the bulk of the proposed building.
c. Landscaping to the front boundary which must include tree and shrubs species to
provide a visual relief to the bulk of the proposed building.
d. Vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage
e. Provision of 1 street tree within the road reserve for every 8 metres of road frontage
suitable for planting under powerlines.
f. Details of all external landscaping works including provision of turf, soil and street trees.
g. Details of all proposed garden beds, soils remediation, mulch type and maintenance
regimes.
h. Details of all understory shrub and ground cover plantings.
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.
Fencing and Walls
15. Any street fencing must be set back an average of 1 metre and articulated to provide visual
interest by stepping the wall at maximum 5 metre intervals.
16. Any fencing on the front boundary must either:
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a. not exceed a maximum height of 1.2m
b. be of open construction.
17. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Clothes Drying Areas
18. Each dwelling unit must be provided with access to an outdoor clothes line which is screened
from public view.
Community Management Statement
19. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
External Works
20. Grant Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice
b. removal of the existing property access and reinstatement of the kerb, footpath and
verge area to match the balance of the site frontage, including the provision of topsoil
and turf where the existing verge is grassed
Site Access and Driveways
21. A sealed access driveway must be provided from Grant Street to all parking and manoeuvring
areas of the development. The works must be undertaken in accordance with an Operational
Works approval and must include in particular a driveway crossover in accordance with
Council’s Standard Drawings RS-049 and RS-050 and any applicable addendum.
22. The driveway must be located clear of any existing services or drainage pits in the road
reserve.
Car Parking
23. A minimum of 4 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities.
24. All vehicles must enter and exit the site in a forward gear. The manoeuvring area within the
site must be kept clear of obstructions.
Pedestrian and Bicycle Facilities
25. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular
a 1.5 metre wide footpath within the road verge for the entire length of the site’s frontage to
Grant Street
Stormwater Drainage
26. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval and must include in particular collection and discharge of stormwater to Council’s
existing drainage system in Grant Street.
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Electricity and Telecommunication Services
27. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
28. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
Earthworks and Retaining Walls
29. All earthworks and associated batters/anchors must be contained entirely within the subject
site unless written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
30. 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.
31. The annotated louvres of the vergolas shown on the Approved Plans, are to be fixed and
remain open.
32. Privacy screening to the external circular staircase must be always maintained.
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:
Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
2. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
3. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
i. maintenance of safe pedestrian access for the areas affected by the works during
and after daily construction has ceased
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ii. proposed fencing to the site during the construction phase of the development
iii. provision for worker car parking
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic, services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. details on the location of external fill/dump sites, the haulage route, type of vehicle to
be utilised during filling operations and frequency of usage. NB any damage to the
existing road system as a result of haulage operations shall be fully repaired at the
applicant’s expense
g. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
Infrastructure Charges
4. 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 Operational Works Access, Stormwater, External Works,
Landscaping, Earthworks
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.
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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,
Georgina Schramm
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 1 August 2018.
• Decision Notice - Minor – MCU17/0559.02 – 3 February 2020, with an amendment to condition 2.
• Generally in Accordance – MCU17/0559.03 – 20 November 2020.
• Decision Notice - Minor – MCU17/0559.04 – 31 January 2024, with an amendment to conditions 2 & 5, additional conditions 31 and
32 and delete condition 4
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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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