Minor Change Existing Approval 132002.220153.2

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	132002.220153.2
Your Reference:	VA REF #5521
9 December 2019
OA Frew & MN Frew
C/- Suncoast Building Approvals
PO Box1054
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 31 October 2019, requesting a minor change to an existing development approval. Council on 5 December 2019, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132002.220153.2
Street address:	Sonoma Noosa 2/161-163 Gympie Tce Noosaville
Real property description:	Lot 2 SP 156679
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 25 July 2002
Development Permit for Material Change of Use of Premises – Multiple Dwelling (14 Units)
In relation to the request to make a minor change to the existing approval, Council on 5 December 2019, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend conditions 1 and 4
currency period of approval
The currency period for this development approval is stated in the conditions below.

assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered WD03B to WD08B dated 26/04/02, WD01C and WD12C dated 12/06/02, WD09A to WD11A dated 10/04/02 prepared by Elenel Design and WD-01 & 02 issue A, prepared by Tony James Building design an dated 28/08/2019 and as may be amended by these conditions..
The development is not to exceed 8 metres above natural ground level, regardless of the filling required to satisfy flood level requirements.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter, and is to include dense landscaping, including planting of tall trees, is to be provided along all property boundaries. In this regard, a 0.9m wide garden must be provided for the full length of the new opening roof system which must include 4 native endemic trees which grow to a minimum height of 4m. The plants must have a minimum pot size of 200mm.
Any fencing provided in conjunction with the development is to be setback an average of two (2) metres to any road frontage.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use. The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
Security in the form of a cash bond or trading bank guarantee to the sum of $15000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational 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.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not commenced by 25 July 2006, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for building works.

Land Development
Lot Amalgamation
All separate, adjoining lots that form part of this application shall be amalgamated into one undivided lot in accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of Survey submitted for registration at the Land Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to Council prior to the issue of the Development Permit for Building Works.
River Flooding
All buildings proposed on site shall be constructed to comply with Council’s Minimum Floor Height requirements as defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue of the Building Permit.
In this regard and as an indication only - the development should have a Minimum Floor Height of RL 2.8 (AHD).  This level however is subject to change and verification shall be made to Council’s Land Development Section prior to obtaining a Development Permit for Building Works.
Fill levels, in accordance with Council’s - Noosaville Master Drainage Plan - will be provided on application to Council’s Works Directorate.
Any filling works required on site shall be carried out in accordance with Section 3.8 of Council's Engineering Design Standards Manual and so as not to cause the ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Access and/or Carparking
A 6m wide vehicular access from the Gympie Terrace frontage of the site is to be constructed to Council’s design standards. The surface of which shall be slip resistant for pedestrians. A Development Permit for Operational Works shall be obtained prior to the commencement of any works.
Carparking shall be provided within the site as shown on plan WD 01C dated 12/06/02 as submitted by Castle Bay Projects except as modified herein for at least 35 spaces including a minimum of 28 covered spaces and 7 clearly marked visitor car spaces shall be included on site. The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for user class 3.
The carparking area shall be drained and the sealed pavement constructed to access road standards. Plans and specifications for these works shall be submitted in conjunction with an application for a Development Permit for Operational Works.
All loading docks and parking bays shall be designed such that all vehicular movements to and from the site are in a forward direction.
Stormwater Drainage
All stormwater drainage shall be collected on site and discharged to Council’s existing drainage structures in Gympie Terrace.  In this regard, plans shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage shall be by means of a gravity systems.
Easements
A registered easement shall be created over the existing sewer main that runs the length of Lot 1.  The easement shall be provided parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment and be no less than 3.0 metres wide.
No building or other structure shall be constructed or encroach over an easement.  Any building or structure within proximity of an easement or any other public utility’s underground must have its foundations designed so that no surcharge loads are imposed upon such underground infrastructure. Foundations must be taken down a minimum of 1 metre below a line of influence measured 1 metre in the direction of the foundation from the centreline of the closest underground service and along the natural angle of repose of the foundation soil type(s).
Plans, and supportive documents, detailing these proposed foundations shall be designed by a registered practicing Geotechnical Engineer and submitted with any application for any Development Permit for Building Works.
Sewer Mains
The site shall be connected to Council's existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
All of the proposed pools must be set back in accordance with Council’s Policy from the existing sewer lines that runs parallel to the southern boundary, parallel along both the east and western boundaries.  The minimum setback shall be the greater of 1.5m or twice the depth of the pipe.
The plans shall be amended to remove the plunge pool located within the grounds of unit 7, as it is located over an existing sewer line.
Town Water Supply
The site shall be connected to Council's existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Each water connection to the water reticulation system shall extend to the property boundary and be metered.  Where multiple units including leased buildings are served by a single service, multiple water meters to each individual unit or leased building shall be installed.  All fees for the supply of water meters shall be paid to the Council.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Gympie Terrace frontage of the site in accordance with Planning Scheme policy PSP1 Landscaping Guidelines.  Grass shall be couch, free of weeds.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel and footpath paving in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
For the full length of the Gympie Terrace frontage of the site, the concrete footpath shall be reconstructed, to 1.2m wide. All associated and ancillary work including drainage, adjustment to the footpaths and adjustment to existing infrastructure shall be undertaken to complete these frontage works.
A straight footpath alignment shall be incorporated in the design. Footpath and property alignment levels maybe obtained from the Works Inspector-Development upon request.

Headworks
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment.  An estimate only of the contribution rates as of July 2002 under the current policies is as follows:
Water Supply	$32,457
Sewerage	$26,472
TOTAL	$58,929
All headworks contributions must be paid prior to the issue of a Development Permit for Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.
Erosion & Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Environmental Health
The developer must provide a suitably screened imperviously paved area large enough for all refuse and recycling containers.   A wash down area is required with a cold-water tap, hose and drain outlet connected to sewer.  The drain outlet is to be designed to prevent stormwater entry to the sewerage system.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
The developer shall submit for approval, a strategy for waste/recycling storage and collection.  The strategy shall be approved by the Manager of Environmental Health, prior to lodging an application for Development Approval for building works.  The strategy shall detail estimated waste volumes, area for refuse/recycle storage and service access.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, dust or odour nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
Air conditioning units shall be located in a manner which prevents noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
An occupier of premises at of for which there is air-conditioning equipment must not use or allow the use of the equipment -
(a)	from 7am to 10pm on any day if it makes noise or causes noise to be made of 	more than 50 dB(A); or
(b)	before 7am or after 10pm on any day if it makes noise or causes noise to be made 	of more than the higher of the following -
(i)	40 dB(A);
(ii)	5 dB(A) above the background noise level
Maximum penalty - 20 penalty units.
Building
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the minimum required floor level and the maximum building height above natural surface, required by the provisions of the Planning Scheme.
referral agencies
Not Applicable
advisory notes
Not applicable.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Private Building Certification
submissions
Not Applicable
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,

Glen Conforti
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 25 July 2002.
Decision Notice - Minor  - GIA – 132002.220153.1 - 30 March 2016
Decision Notice – Minor – 132002.220153.2 – 5 December 2019 – amend conditions 1 & 4

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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