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Decision Notice - DBW23 0060 [As Published] · DBW23/0060

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                                                                                 Officer:            Samuel Osakwe
                                                                                 Direct Telephone:   07 5329 6316
                                                                                 Our Reference:      DBW23/0060
                                                                                 Your Reference:     002705

               27 July 2023


               A Howarth & CC Woods
               C/- RG Strategic Australia
               PO Box 1818
               NOOSA HEADS QLD 4567
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 25 July 2023, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              DBW23/0060

                   Street address:              15 Whipbird Place, Doonan

                   Real property description:   Lot 60 RP 811883

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Building Works 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 of the building 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 5
Document Set ID: 22520532
Version: 3, Version Date: 27/07/2023
Full text of the other 4 pages

Page 2

                      Currency Period
               2.     This development approval lapses if the works have not substantially started by 25 July
                      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

                        R1 of 7         relax         Site Plan, prepared by Taylor’d Distinction 22nd May 2023

                        R3 of 7         relax         Site Overlay Plan, prepared by Taylor’d 22nd May 2023
                                                      Distinction

                        R4 of 7         relax         Ground Floor Plan, prepared by Taylor’d 22nd May 2023
                                                      Distinction

                        R6 of 7         relax         Elevations,     prepared     by    Taylor’d 22nd May 2023
                                                      Distinction

                      Building Height
               4.     The maximum height of the development must not exceed 8 metres above the ground level.
                      including where excavation is undertaken.
                      Performance Bond
               5.     Security in the form of a cash bond or trading bank guarantee to the sum of $1500 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
               6.     A minimum of 2 covered car parking spaces must be provided on site and made available
                      and accessible at all times for residents.
                      Lighting Amenity
               7.     No flood lighting must be used on site. Any vertical illumination resulting from direct, reflected
                      or other incidental external lighting emanating from the site must not exceed 8 lux when
                      measured at any point 1.5 metres outside the boundary and at any level from ground level
                      upward.
                      Environment
               8.     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.
               9.     All existing trees on the site must be retained, except where required to be removed to
                      accommodate the approved dwelling.
               10.    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.


                                                                                                            Page 2 of 5
Document Set ID: 22520532
Version: 3, Version Date: 27/07/2023

Page 3

                      Damage to Services and Assets
               11.    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.
                      Water Supply
               12.    The approved dwelling must be serviced with a rainwater tank having a minimum storage
                      capacity of no less than 45,000 litres.
                      Waste Water Treatment and Disposal
               13.    The dwelling must be provided with an on-site waste water treatment and effluent disposal
                      system having a capacity sufficient for the use*.
               14.    An accessible dam, swimming pool or water tank (in addition to day to day water supply) with
                      an onsite water volume of not less than 5,000 litres must be available for firefighting
                      purposes, located within reasonable proximity to building.
               15.    A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire brigade
                      fitting must be connected to the water supply (other than where the water supply is in a
                      swimming pool or dam).
               ENGINEERING
               16.    The existing property accesses must be removed, and the verge area reinstated to match
                      the existing verge treatments. Grassed verge areas to be reinstated must be provided with
                      100 mm topsoil and grass seed or turf and must be maintained by the developer until
                      established.
               17.    A sealed driveway crossover must be provided from Whipbird Place. The driveway crossover
                      must be constructed generally in accordance with Taylor’d Distinction’s Site Overlay Plan
                      (dwg. No. R3, dated 22 May 2023) and Noosa Council’s standard drawings RS-056 and any
                      associated addendum.
               18.    Trees in the road reserve must not be removed unless required as part of the driveway
                      construction works.
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     ADVISORY NOTES

               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
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.




                                                                                                       Page 3 of 5
Document Set ID: 22520532
Version: 3, Version Date: 27/07/2023

Page 4

               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required             Subject of the required Development Permit

                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.
               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 on line at
               www.noosa.qld.gov.au or at Council Offices.


               Yours faithfully,




               Samuel Osakwe
               Development Planner



               Enc:   Appeal Rights
                      Approved Plans/Documents




                                                                                                       Page 4 of 5
Document Set ID: 22520532
Version: 3, Version Date: 27/07/2023

Page 5

                                                                              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 5 of 5
Document Set ID: 22520532
Version: 3, Version Date: 27/07/2023

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