Minor Change Existing Approval 132010.105.01

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	132010.105.01
Your Reference:	20200193
29 October 2020
Mrs J McNally, J McNally
30 Moorhen Pl
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 2 September 2020, requesting a minor change to an existing development approval. Council on 26 October 2020, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132010.105.01
Street address:	30 Moorhen Pl Noosaville Qld 4566
Real property description:	Lot 5 SP 190381
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
The following type of approval was issued on 22 February 2010
Development Permit for Material Change of Use of Premises – Detached House
In relation to the request to make a minor change to the existing approval, Council on 26 October 2020, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 1
Include additional conditions 23-25
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Approved Plans
1.	Development undertaken in accordance with this approval must generally comply with the approved plans of development and may be amended by these conditions and annotations on the plans.
Plan No.	Plan / Prepared by	Date
A 103 Rev A10	Proposed Site Plan, prepared by Collins Building Design and as annotated by Council	22.10.2020
A 105 Rev A10	Proposed Ground Floor Plan, prepared by Collins Building Design and as annotated by Council	22.10.2020
A 108 Rev A10	Proposed Upper Floor Plan, prepared by Collins Building Design	22.10.2020
A 201 Rev A10	Proposed North & East Elevations, prepared by Collins Building Design and as annotated by Council	22.10.2020
A 202 Rev A10	Proposed South & West Elevations, prepared by Collins Building Design and as annotated by Council	22.10.2020
Relevant Period
2.	The Development Permit for a material change of use of premises lapses if the use has not happened by 22 February 2014, unless an application to extend the currency is approved by Council.
Security
3.	Security in the form of a cash bond or trading bank guarantee to the sum of $2,000 must be submitted, 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.
Landscaping
4.	The open space and setback areas shall be landscaped in accordance with Council’s Policy on Landscaping Guidelines and shall predominantly comprise low water use plants. In this regard mowable ground cover plants not exceeding 300 mm in height such as the grasses, sedges and small herbaceous plants shall be planted within the rear 10 metre Fire Protection Zone.
5.	Existing trees on the site and in the road reserves shall be retained, unless identified for removal on the approved plans of development.
6.	Access to the lot shall be via the constructed driveway only. Any damage to the driveway, pathways or landscaping in the road reserve shall be reinstated as per the approved design for the stormwater treatment system and the access driveways.
Rainwater Tank
7.	Roof runoff shall be directed to a rainwater storage system or tank (15kL) that is plumbed to service the toilets and landscaping. The design of the rainwater storage system shall be to the satisfaction of the Manager – Plumbing Services.
8.	All overflow from the rainwater storage system or tank shall be directed to the infiltration pit(s) located within the allotment. The infiltration pit shall have a minimum surface area of 6m², 1 metre deep, with a filter media of loamy sand.
9.	Rainwater tanks shall not be visible from the street and shall be either located to the rear of the dwelling, underground or suitably screened.
10.	The rainwater tank shall be fitted with an appropriate float switch or equivalent system, such that it can be supplemented as required from potable supply. This float switch shall ensure that there is always at least 10% capacity maintained in the rainwater tank. There should be a suitable ‘air gap’ provided between the top water supply level in the tank and the supplement supply to prevent backflow.
11.	All roof runoff shall be passed through a first flush diversion system that will divert the first water collected into the lots’ garden beds.
Water & Energy Efficiency
12.	Water efficient appliances, fixtures and hardware shall be incorporated into the detached house, including at least a maximum 9 litre per minute restrictor on all showers.
13.	A solar hot water system shall be installed to supply hot water to the residence.
14.	The roof areas of the dwelling house shall be insulated to a R2.5 standard at a minimum.
Fencing & Paving
15.	Permeable pavements shall be utilised where practicable to encourage site infiltration.
Extent of Cut & Fill
16.	The extent of cut or fill on an allotment shall not exceed 1.0m. As such, the total height of any retaining wall shall be limited to a maximum height of 1.0m, with any retaining wall to be constructed of rendered or bagged masonry, treated timber or natural stone.
Koalas
17.	Any swimming pool constructed shall be fitted with a 'koala rope' to allow for an exit opportunity in the event of a koala entering the pool.
Fire Management
18.	Residents shall take precaution and necessary action to guard against the potential threat of bushfire as outlined in the Bushfire Information Kit provided by the developer.
19.	Flammable structures and landscaping materials, such as timber pergolas, timber decks and timber sleeper walls shall not be constructed within the 10 metre Fire Protection Zone.
20.	A 20-25mm water connection and garden tap shall be provided within 2m of the rear boundary. The tap shall have a permanently attached 20m long garden hose and hose reel.
21.	Burning of rubbish, cleared vegetation, surplus materials, etc., on the site is prohibited.

General
22.	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 bod or guaranteed sum referred to in this approval to effect compliance with conditions.
ADDITIONAL CONDITIONS 26 OCTOBER 2020
23.	The 3m x 3m shed is not approved and must not be constructed within the 10m Fire Protection zone.
24.	The new patio roof consisting of the BBQ area and bench must be setback from the rear/northern boundary a minimum of 9m to the outer most projection.
25.	Prior to the issue of a Development Permit for Building Work, a bushfire attack level (BAL) must be prescribed, and all new works must be constructed in accordance with the current bushfire standards.
referral agencies
Not Applicable
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:
1.1	On a Sunday or public holiday, at any time; or
1.2	On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
Prior to the commencement of the development, a plumbing assessment must be obtained from Sunshine Coast Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as applicable).
For properties located in the catchment area for the Coastal Major Road Network Infrastructure Charges Plan, a Building Works application may trigger an Infrastructure Charge payable to Council in accordance with the Infrastructure Charges Plan and Chapter 5 of the Integrated Planning Act 1997.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities. Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia
Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any obligations under the ACH Act.
Infrastructure Charges
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.
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	All Building Works
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 -22 February 2010.
Decision Notice - Minor 132010.105.01 – Amend condition 1; include additional conditions

	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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PO Box 141		P. (07) 5329 6500	[email protected]	
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