Council archive · source document
Decision Notice Minor Change - 51987.3004.01 [As Published]
Officer: Lisa Pienaar
Direct Telephone: 07 5329 6514
Our Reference: 51987.3004.01
Your Reference: n/a
10 March 2023
Mr JB Prescott
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 18 October 2022, 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: 51987.3004.01
Street address: 6 Park Rd Noosa Heads Qld 4567
Real property description: Lot 57 RP 230895
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 28 May 1987.
• Town Planning Consent Permit – Dwelling in Sand Dune problem area.
In relation to the request to make a minor change to the existing approval, Council on 7 March
2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional conditions 37, 38, 39, 40, 41, 42, 43, 44 and 45.
3. CURRENCY PERIOD OF APPROVAL
Not applicable
4. ASSESSMENT MANAGER CONDITIONS
1. Compliance with all relevant provisions of the Town Planning Scheme, Chapter XLIV (Town
Planning) and other Council Policies.
2. The site shall be developed substantially in accordance with the plans forming part of and
approved with this application.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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3. In accordance with Section 33 (16D) of the Local Government Act 1936, 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
the land, subject to the Consent Permit, is not being used substantially in accordance with
the purposes for which consent was granted.
4. This approval is subject to a satisfactory mean of construction being presented to Council,
approved by the Applicant’s Geotechnical Engineer and the Shire Engineer. This approval
becomes null and void if such a method of construction is not arrived at.
5. The conditions of this approval are to be completed prior to the occupancy of the building
and if this is not done, Council reserves the right to call on the bank guarantee lodged to
carry out the works involved.
6. To ensure compliance with any and all conditions of this approval Council will require that
you enter into a Bank Guarantee of $10,000 to secure performance. The guarantee shall be
lodged with Council prior to the issue of a Building Permit. Any costs incidental thereto will
be borne by the Developer.
7. Payment of any outstanding rates owing on the property.
8. This consent approval does not imply Building Approval. Working drawings with supportive
Geotechnical advice, foundation design, means of construction, shall be submitted in
compliance with the Building Act 1975 as amended and shall be substantially in accordance
with the plans the subject of this consent. (Substantial variations will require separate Council
approval.)
9. The Developer shall construct at his full cost, roadworks, drainage and footpath
improvements across the frontage of the development to the requirements of the Shire
Engineer, Such works shall involve the construction of bitumen widening, associated
drainage, hot mix correction to existing pavement retaining walls and footpath upgrading
works, generally in accordance with the submitted Plan No. 213.2. Access to the proposed
garage shall be constructed in accordance with Noosa Shire Council’s Standards.
The design for such works shall be prepared by a Registered Civil Engineer and shall be
submitted to the Shire Engineer for approval prior to construction commencing. The
Registered Civil Engineer shall certify that the works have been constructed in the
accordance with the approved plans.
10. All internal roadworks (including parking areas) and access from the existing frontage road
to connect to the internal roadworks shall be provided with a sealed pavement, which shall
be designed, drained, constructed and maintained in accordance with the standard and
requirements of the Shire Engineer.
Plans and Specifications for the above works shall be submitted to the Shire Engineer for
approval prior to this issue of the Building Permit.
11. The Developer shall bear the cost of alterations of any public utility or facilities necessitated
by the development of the land or associated development external to the site.
12. Filling, excavation, other development works 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 natural watercourse or interfere with the stability of the
sand slope or in any other way unduly affect adjoining property.
13. No earthworks or filling shall be carried out on site until the issue of a Building Permit and
the approval of both the Shire Engineer and the Geotechnical Engineer.
14. Stormwater, including that from the roofed and paved areas to be piped to Council’s existing
drainage system at the Developer’s expense to the standards and requirements of Council’s
Building Surveyor. No stormwater is to be discharged on the slope and any stage of
construction.
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15. An identification survey of the subject site is to be carried out by a Licensed Surveyor and is
to be submitted to Council at the time of foundation inspection by Council’s Building surveyor
or immediately thereafter. Such survey shall set out the boundaries of the site and the
position of the building site.
16. Adequate facilities shall be provided in accordance with the provisions of the Refuse
Management Regulations 1983 for the storage and collection of refuse to the satisfaction of
Council’s Health Surveyor.
17. Detailed plans prepared by an Architect together with the necessary supporting
documentation prepared by a Registered Civil Engineer are to be submitted to Council for
approval at the Building Application stage. Such design documentation shall include the
design for the whole of the works, the method of construction and the staging of the
construction. Further the designs of all foundations is to be generally in accordance with the
reports prepared by the Developer’s Geotechnical Consultants. Additional detailed soil
investigations are to be carried out to verify the bearing capacities of the existing materials
and calculations to verify the adequacy of the design of the foundation systems will be
required to be approved by Council.
18. The building is to be constructed of lightweight building materials or timber wherever
practical. Construction vibrations are to be kept within the controls as detailed by the
Developer’s Geotechnical Engineer. A Geotechnical Engineer is to be on the site during all
foundation construction works.
19. Direct access to the dwelling is to be by means of a suspended pedestrian walkway leading
from the proposed garage structure adjoining Park Road reserve. This walkway is to be
constructed generally in accordance with the conditions listed in this approval where
applicable. No Vehicular access is permitted directly to the proposed dwelling.
20. Disposal of sand, soil or any materials created by the construction of the dwelling shall be
removed by the suspended walkway to the proposed garage structure. No materials will be
approved for storage on Park Road. Details of the method of disposal of materials from the
garage construction are to be submitted to Council at the Building Application Stage. Storage
of the vehicles associated with the construction are not permitted to stand on the through
lanes of Park Road, but are to utilize the pavement widening proposed with this application.
21. Calculations shall be submitted to verify that the garage structure will be able to withstand
loads imposed by possible future movement of the sand dune to depth of 3 metres below
existing surface levels or to a depth of a plane sloping at 27 degrees from the toe of the sand
dune, whichever is the greater and applying a factor of safety of at least 1.5. In particular the
calculations will need to verify the structure is able to withstand lateral loads imposed by the
future sand movements.
22. The piles for proposed house are to be excavated by hand or by the water boring method
proposed. Discharge of clean sand from the latter method may be to the Main Beach, subject
to approval of necessary details. The Developer’s Geotechnical Engineer will be required to
be on site for the whole of this time during the excavation. No work of any such kind relating
to the foundations shall be carried out if he is not on site and supervising and directing this
work. Such works shall only be carried out during dry weather conditions and if there is a risk
of sand movement occurring all works shall be suspended until such steps approved by the
Applicant’s Geotechnical Engineer and Council have been taken to ensure and no further
slippage will result.
23. No heavy machinery or equipment is to be used on the subject land. All materials and
machinery used in the construction of the dwelling will be handled via the suspended
pedestrian walkway. No materials of any kind are to be deposited directly on the land but
may be stored upon the suspended walkway, or the garage roof.
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24. No trees or vegetation of any kind on the subject land are to be removed without the written
approval of the Council and advice from the Developer’s Geotechnical Engineer to the affect
that no detrimental results will occur upon such removal of vegetation. No Disturbance of any
land below the dwelling house, the garage, or on Park Road reserve, (other than that
approved), will be permitted.
25. Landscaping and revegetation of the land including the areas under the dwellings will be
carried out to the satisfaction of the Shire Engineer. Removal of existing vegetation will not
be a means by which landscaping will be justified. A mist watering system for vegetation
under the house will be required. To secure the due performance and fulfilment of this work
the Developer will provide to Council a bond in the form of a Banks Guarantee providing for
the pavement to Council the sum of $2,000 in the event that such work is not duly performed.
In the event of the Developer performing sure work the Council will certify in writing under
the hand of the Shire Clerk to the effect to the Developer and the bond shall thereupon be
discharged.
26. The Builder, Landscaper and all workers associated with the construction of the houses shall
at all times comply with the directions of the Consulting Geotechnical Engineer and the
Council Officers.
27. Any erosion prevention method that may be recommended by the Developer’s Consulting
Geotechnical Engineer and approved by the Shire Engineer, are to be carried out by the
Developer at no cost to Council.
28. At the completion of the works Certificates shall be submitted by the Applicant’s Geotechnical
Engineer and Structural Engineer to certify that the works have been carried out to their
requirements and satisfaction and the basis of the design was not rendered invalid by the
conditions on the site.
29. Connection to the Council’s services for water supply, sewerage and stormwater will be
required to the Shire Engineer’s requirements and standards and all costs incurred in the
connection will be borne by the Applicant. Suspension of services under the proposed
elevated walkway will be required to minimize the effect on the land. Flexible joints in such
services are to be provided as directed by the Applicant’s Geotechnical Engineer and the
Shire Engineer. Provisions will be required, at the entry point of stormwater, to prevent enter
of foreign matter which may in the future cause a blockage.
The location of all services in Park Road will be required by the Developer prior to the
submission of plans. Details of services under the dwelling are to be provided with a report
from a Geotechnical Engineer stating they will not be damaged or disturbed by possible
future sand movement. These details are to be provided prior to the approval of the Building
Application.
30. Construction details, including means of construction, site preparation, and a sequence of
events for the proposed garage structure and the dwelling house are to be submitted and
approved prior to the building application being submitted. Details as submitted on Plan
NC3025/6 are not approved. No construction technique will be approved which requires
disturbing and area outside that required for the dwelling house or the garage structures
proper. The applicant’s Geotechnical Engineer shall submit to Council an acceptable
technique whereby existing vegetation and associated roots systems are not unduly
disturbed by construction methods or workmen during foundation works and in setting up the
steel supports for the dwelling.
31. To enable compliance with the Building Act for the construction of the garage, variation of
the property boundary and creation of the easement for access and services purposes shall
be required. The subdivision plan indicating easements and boundary alterations is to be
endorsed by Council prior to the submission of the building application.
32. The applicant shall pay Council costs in relation to the geotechnical advice sought and given
in the relation to this development.
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33. The applicant shall acknowledge in his construction techniques the existing 9 tonne load limit
applied to Park Road. This may only be varied by specific approval of the Shire Engineer.
34. The Developer shall comply with all directions given by the Shire Engineer concerning traffic
control matters and avoidance of traffic problems.
35. Council is to be indemnified, prior to the commencement of works, against any claims for
compensation from owners of properties above the subject site, in relation to any damages
the may occur to these properties, as a result of the works proposed.
36. The applicant’s geotechnical engineers shall submit to council prior to commencement of
works, a report to demonstrate the security of private properties located on the hillside above
the subject site against the slope failure within the subject property and, if necessary, design
appropriate stabilising measures. Security should be examined in respect of a slip occurring
on a 3 metres below the steep face and extending linearally to intersect the ground surface
above the steep face. The report shall also address the contingency plans that shall be
adopted in the event of a major sand slip occurring within the subject property.
Additional conditions – 7 March 2023
Retaining wall and stair replacement (21/02/2023)
Approved Plans and Report
37. 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
01 A Landscape Plan by Arbor Active Jan 2023
01 A Landscape Plan by Arbor Active Jan 2023
22146697 Version 1 Tree Management Report by Arbor Active 14/09/2022
A001 1 Site Plan, prepared by Kings Lane Architects 28.07.2022
A100 1 Proposed Floor Plan, prepared by Kings Lane Architects 28.07.2022
A500 1 Construction Details, prepared by Kings Lane Architects 28.07.2022
A800 1 Fittings & Finishes, prepared by Kings Lane Architects 28.07.2022
Landscaping Works
38. The development site must be landscaped. All works must be constructed and work
procedure undertaken, in accordance with:
a. The approved plans/documents and conditions detailed in Condition 37 of this Decision
Notice.
b. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
39. 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.
40. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
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41. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
Retention of Existing Trees and Vegetation
42. A qualified person * must be engaged for the duration of the works to:
a. Ensure works are carried out in accordance with the approved Arborist Report
b. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
c. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
d. Oversee approved tree removal in proximity to retained trees.
e. Undertake a risk assessment of all trees within striking distance of the development
works and site and carry out hazard removal and amenity pruning in accordance with
AS 4373, Pruning of amenity trees.
*(Refer to Advisory Note)
Fauna Management
43. A qualified person* must be engaged to manage fauna prior and during clearing to:
a. Ensure works are carried out in accordance with the Nature Conservation Act 1992.
b. Undertake pre-clearing inspections including fauna relocation and removal or blocking
of all vacant hollows.
c. Ensure clearing works avoids nesting times of animals and birds.
d. Co-ordinate staging and sequence of clearing with fauna protection.
e. Protect and recover fauna during clearing operations (not previously removed).
f. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
44. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
a. No damage to other vegetation for retention.
b. Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
Certification
45. Certification must be submitted to Council from a qualified person* which certifies that the
landscape work has been constructed in accordance with the conditions of this Decision
Notice.
*(Refer to Advisory Note)
5. REFERRAL AGENCIES
Not applicable.
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6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Retention of Existing Trees
1. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
2. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
3. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
c. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and AS2303 Tree stock for landscape use
assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
d. Managing Fauna protection, preparing Fauna reporting and certification and
calculating compensatory habitat, is considered to be an Ecologist or Environmental
Scientist with a minimum of three years current experience in the field of fauna
assessment and management.
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. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All Building Works
9. SUBMISSIONS
Not applicable.
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10. 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.
11. 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,
Lisa Pienaar
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 28 May 1987.- TPC1864
• Decision Notice - Minor 51987.3004 – 16 June 1987 – add additional conditions 34, 35 and 36.
• Decision Notice – Minor- 51987.3004 .01 - 7 March 2023 - add additional conditions 37, 38, 39, 40, 41, 42, 43, 44 and 45.
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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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