Original source · versioned page text
Decision Notice - DBW23 0059 [As Published]
Officer: Jada Lyons
Direct Telephone: 07 53296527
Our Reference: DBW23/0059
Your Reference: 0532
14 August 2023
Nire 4 Pty Ltd TTE
C/- Pivotal Perspective Pty Ltd
4/59 Mary Street
NOOSAVILLE QLD 4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 8 August 2023, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW23/0059
Street address: 28 Lorikeet Drive, Peregian Beach
Real property description: Lot 705 P 93127
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 - Dwelling
House
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 7
Document Set ID: 22539754
Version: 3, Version Date: 14/08/2023
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 6 pages
Page 2
Currency Period
2. This development approval lapses if the works have not substantially started by 8 August
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.
Plan No. Rev. Plan/Document Name Date
SD1.1 C Site Plan, prepared by Tim Ditchfield 04/07/2023
Architects
SD2.1 C Ground Floor Plan, prepared by Tim 04/07/2023
Ditchfield Architects
SD2.2 C First Floor Plan, Tim Ditchfield Architects 04/07/2023
SD3.1 C Section A, prepared by Tim Ditchfield 04/07/2023
Architects
SD3.4 C Section D, prepared by Tim Ditchfield 04/07/2023
Architects
SD4.1 C West Elevation, prepared by Tim Ditchfield 04/07/2023
Architects
SD4.2 C North Elevation, prepared by Tim Ditchfield 04/07/2023
Architects
SD4.3 C East Elevation, prepared by Tim Ditchfield 04/07/2023
Architects
SD4.4 C South Elevation, prepared by Tim Ditchfield 04/07/2023
Architects
Building Height
4. The maximum height of the development must not exceed 8 metres above the natural and
finished ground levels.
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
6. Security in the form of a cash bond or trading bank guarantee to the sum of $2,500 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building Works. The cash bond or trading bank guarantee
will be returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right to call
upon the bond or guaranteed sum to effect compliance with conditions.
Car Parking
7. A minimum of 2 covered car parking spaces must be provided on site and made available
and accessible at all times for residents.
Page 2 of 7
Document Set ID: 22539754
Version: 3, Version Date: 14/08/2023
Page 3
Front Fence
8. Front fencing is to allow for casual surveillance from the property boundary to the street by
containing openings or materials that ensure it is 50% transparent (including driveway gates)
and has a height not exceeding 1.8 metres.
Built Form
9. The storage/equipment area on the southern side boundary is to comply with the side and
rear boundary clearance requirements of the Queensland Development Code MP1.2 A2(d).
Environment
10. 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
11. A minimum of 20% of the site must be retained as soft landscaping.
12. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
13. Dense landscaping, comprising a mix of native coastal species of ground cover, scrubs and
trees, is provided for a width of 5 metres from the seaward or rear boundary of the site to
provide adequate landscape buffering to protect the coastal dune systems. The landscaping
is to be in accordance with PSP2 – Landscaping.
14. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared
d. using low impact construction techniques around vegetation.
15. 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.
16. All planting areas on the garden and concrete roofs must be planted and maintained at all
times, with replacement planting undertaken promptly where plants fail or do not have a
healthy and vigorous growth.
Stormwater Drainage
17. Stormwater runoff from the development must be discharged to Lorikeet Drive or disposed
of on-site without causing scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
18. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
Page 3 of 7
Document Set ID: 22539754
Version: 3, Version Date: 14/08/2023
Page 4
Coastal Protection
19. Any rear fencing adjacent to the beachfront must not exceed 1.2 metres in height, be of open
construction, constructed of lightweight materials (e.g., timber) and be dark in colour to blend
with the natural landscape.
20. Gates must not be installed along the eastern property boundary to gain direct access to the
beachfront.
21. External colours and finishes must be of muted/environmental tones that blend with the
natural environment and low-reflective roofing and cladding materials.
22. All lighting must be positioned and managed to reduce sky glow and light spill onto the beach
to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings. The following
must be undertaken:
a. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
must have 15% visible light transmittance tinting.
b. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
must be fitted with opaque blinds, to be drawn from 8pm during turtle nesting and
hatching season (October – May).
c. All outdoor lights must have a maximum of 2700 K correlated colour temperature
(CCT). All indoor lights must have a maximum of 3000 K CCT. All lighting (interior and
exterior) must avoid the use of halogen, metal halide, or fluorescent lights.
d. Amber LED (590-610 nm) or low pressure sodium lighting must be used as a standard.
Warm white is to be used only where colour rendition is required. LED lights must not
contain short wavelength blue light and supplier should be asked to provide spectral
power curve of requested LEDs to prove the absence of short wavelengths.
e. The number and wattage of lights must be minimised.
f. All lights must be recessed into structures and roof, and directed away from the turtle
nesting habitat.
g. No lighting is permitted on the roof of the building.
h. All outdoor lights, including balcony lights, must be turned off between 8:00pm and
sunrise during turtle nesting and hatching season (October – May).
i. External feature lighting to the building must be positioned below 8 metres in height
and turned off between 8:00 pm and sunrise during turtle nesting and hatching season
(October – May).
j. No upward lights or vertical illumination of the building, vegetation or other structures
using lighting that shines into the sky to be used.
k. Where lighting is required for safety purposes (including all corridors above ground
level, stairwells, entry points etc.), the lighting of these areas must be activated by
proximity sensors or motion detectors with an associated deactivation of the lighting
after no more than 10 minutes during turtle nesting and hatching season (October –
May). For lighting in other areas, timers, proximity or motion activated light sensors
must be used wherever possible.
l. No decorative outdoor lighting is to be fitted to the buildings, open space or recreation
areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October –
May).
m. Pool lighting must be switched off after 8:00pm during nesting and hatching season
(October – May).
n. All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
23. Certification must be submitted to Council which certifies that the lighting requirements of
this Decision Notice have been met.
Page 4 of 7
Document Set ID: 22539754
Version: 3, Version Date: 14/08/2023
Page 5
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
Property Driveway and Vehicle Crossover
2. The planning scheme declares for the construction of a driveway and vehicle crossover to
the property to be Accepted Development subject to meeting the requirements of the Low
Density Housing Code. If the proposed driveway and vehicle crossover does not comply with
each Acceptable Outcomes contained in the Code, a Development Permit for Operational
Work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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.
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 work.
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Page 5 of 7
Document Set ID: 22539754
Version: 3, Version Date: 14/08/2023
Page 6
Yours faithfully,
Jada Lyons
Graduate Development Planner
Enc: Appeal Rights
Approved Plans/Documents
Page 6 of 7
Document Set ID: 22539754
Version: 3, Version Date: 14/08/2023
Page 7
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 7 of 7
Document Set ID: 22539754
Version: 3, Version Date: 14/08/2023