SUPERSEDED Decision Notice - 868502 · 51989.1635.01

Officer:	Glen Conforti
Direct Telephone:	07) 5449 5179
Fax:	(07) 5475 7277
Our Reference:	GC007:TS:51989.1635.01
Your Reference:	1/37 Duke
16 April 2012

Ms CA Tretheway
PO Box 613
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request dated 29 February 2012 to make a permissible change to an existing approval granted on 10 October 1989.  On 13 April 2012, Council decided your requested changes.

Details of the decision are as follows:

APPLICATION DETAILS

Application No:	51989.1635.01
Street Address:	37 Duke St SUNSHINE BEACH  QLD  4567
Real Property Description:	Lot 1 BUP 10951
Planning Scheme:	The Noosa Plan

DECISION DETAILS

The following type of approval was issued on 23 February 1989:

Town Planning Consent for Multiple dwelling (3 units)

Council, on 26 October 1995, decided to approve a change to the Town Planning Consent Permit, subject to additional conditions.

Council, on 6 August 2001, decided to approve a change to the Town Planning Consent Permit, subject to the following:-

A.	The approved plans to comprise those numbered 20456 S1 Issue A, prepared by Rienmac Pty Ltd and dated Nov ’00.
B.	Additional conditions.

In relation to the request to make a change to the existing approval, Council on 13 April 2012 decided to:

A.	Change Condition 2 and 9.

B.	Include additional Conditions 27 to 32

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is identified within the assessment manager conditions.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Submission to and approval by Council of building plans in accordance with the Building Act, Council's By-laws and Policies, the conditions of this approval and substantially in accordance with plans 9436-01 and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.
The plans submitted for Building Approval are to comply with the following requirements:
 (a)	Front and rear setbacks to be a minimum six (6.0) metres except for the entertainment building for unit 1 which must have a minimum setback of 1.5 metres to the rear boundary, the lift shaft and the roofed pergola structure to the rear of unit 1 must have setbacks in accordance with the approved plans outlined in Condition 27.
(b)	The setback to the second storey of unit 2 to the south eastern side boundary is to be a minimum 3.5 metres.
Provision of at least four (4) off-street car parking spaces, comprising 3 covered spaces and 1 uncovered space, and access thereto which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Town Planning Scheme, Council's Policies and to the reasonable satisfaction of the Shire Engineer.  Plans and specifications for these works are to be submitted to the Shire Engineer for approval in conjunction with the Building Application.
In this regard an uncovered visitor car parking space is to be provided in a prominent and accessible location near the Duke Street road frontage.
There is to be 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 the Noosa Design Manual and a properly prepared landscaping plan to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval.  Such landscaping is to be completed in accordance with the approved landscaping plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
Existing trees are to be retained, except where required to be removed due to building operations or the conduct of the approved use.  Existing trees in all setback areas (exclusive of driveways) are to be retained.  In this regard the landscaping plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
Construction work is permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday and no construction work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.
All lots that form part of this application are to be amalgamated in Title, prior to the issue of a Building Approval.
Payment of contributions in accordance with Council’s Policy on Water Supply and Sewerage Headworks, current at the time of Building Approval.  Infrastructure contributions will be applied at a total demand of 9EP for Water Supply Headworks and 9.9EP for Sewerage Headworks.
If payment is not proposed to be made prior to the issue of Building Approval, a cash bond or trading bank guarantee for the required amount is to be lodged prior to the release of that Approval.  The contribution is then required to be made within fourteen (14) days of the issue of Building Approval.
The footpath across the frontage of the site is to be upgraded by the provision of a 1.2 metre wide concrete footpath, which is to be generally located 0.9 metres from the property alignment in conjunction with general upgrading involving the forming, grassing and topsoiling to the satisfaction of the Shire Engineer.
The developer shall bear the cost of alteration of any public utility or facilities necessitated by the development of the land or associated construction works external to the site.
Connection to Council's existing water supply and sewerage reticulation systems at the developer's expense to the standards and requirements of Council's Shire Engineer.
Roof and surface water is to be collected on site and to be discharged through a single underground drain line into existing drainage in Duke Street to the satisfaction of the Shire Engineer.
Provision of approved refuse containers in accordance with the requirements of the Refuse Management Regulations of 1983 for the storage and collection of refuse to the satisfaction of Council's Health Surveyor.
Provision of an imperviously paved, drained and enclosed area to accommodate all refuse containers to the reasonable satisfaction of council's Health Surveyor.  This area is to be aesthetically screened from any road frontage or adjoining property boundary and is to be setback a distance of two (2) metres from any road frontage.  A suitable hosecock and hoses to be located in the vicinity of the refuse container area.
Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council's Health Department in accordance with the provisions of Chapter 43 of Council's By-Laws prior to such letting.
The outdoor spa shall be licensed annually with the council's Health Department in accordance with the provisions of Chapter 42 of Council's By-Laws.
Submission of a cash bond or trading bank guarantee to the sum of $5000 to secure performance of conditions, prior to the issue of Building Approval.  The cash bond or trading bank guarantee may be returned to the developer upon performance of the conditions of approval.
The provisions of this Town Planning Consent are to be effected, prior to the commencement of the specific use granted under this Consent Council reserves the right to call upon the bond or guaranteed sum referred to in this approval for the purposes of litigation should the use not be conducted in accordance with this Approval.

Additional Condition
This approval lapses where:-
20.1	the use or erection of a building or other structure associated with the use, has not been commenced within two (2) years of the date of issue of the approval, unless application is made and approved by Council for an extension; or
20.2	the use of any premises pursuant to the approval ceases for a period of twelve (12) months.
Additional Conditions
A minimum 3.5m wide access from the Duke St frontage of the site to Unit 1 is to be constructed to Council’s Design Standards in accordance with plan 20546 dated November 2000 prepared by Rienmac Pty Ltd. A Development permit for Operational Works shall be obtained prior to the commencement of works.
The existing driveway area on Lot 389 adjacent to the northern boundary shall be amended as follows:
The vehicular access from Duke St to Unit 1 shall be removed and replaced by kerb and channel and footpath paving in accordance with Council’s standards.  The remaining footpath area shall be topsoiled and established with couch or buffalo turf, free of weeds.
The driveway area connecting the existing driveway to the proposed driveway on Lot 390 shall be reshaped to provide a smooth transition between the two driveways. In this regard the existing garden bed adjacent to the side boundary may need to be adjusted to provide adequate turning area.
A block wall or similar is to be constructed at the top of the new retaining wall to guide vehicles away from the proposed stairs.
The existing driveway servicing Unit 1 from Duke Street is to be replaced by a stair with 1 metre wide gardens on either side.  These gardens shall extend for the length of the driveway to the proposed new retaining wall.
Full details of the above are to be submitted in conjunction with an application for a Development Permit for Operational Works.
Any alteration to the existing stormwater system on site is to be detailed on plans submitted in conjunction with an application for a Development Permit for Operational Works.
Prior to undertaking any excavation, the person acting on this permit shall contact public utility service providers to ascertain the location of their underground services.
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work.  The application may combine any or all of these classes of work: -
Access and/or carparking
Stormwater Drainage
Landscaping
An easement for access benefiting Lot 389 on RP 225299 is to be created over the proposed driveway area on Lot 390 RP 48112. A Development Permit for Lot Reconfiguration for the access easement is required prior to registration of the easement. Evidence that this access easement has been created is to be submitted in conjunction with the application for a Development Permit for Operational Works relating to removal of the existing driveway.

Additional Conditions April 2012

Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table below and may be amended by these conditions and annotations on the plans.

Plan No.	Rev.	Plan Name – Prepared by	Date
WD.101	P8	Site Plan, prepared by Carole Tretheway	8 February 2012
DA.01	P8	Proposed Ground Floor GFA, prepared by Carole Tretheway	8 February 2012
DA.02	P8	Proposed First Floor GFA, prepared by Carole Tretheway	8 February 2012
DA.03	P8	Proposed Roof Terrace GFA, prepared by Carole Tretheway	8 February 2012
WD.502	P8	Proposed North-East Elevation, prepared by Carole Tretheway	8 February 2012
WD.504	P8	Proposed North-West Elevation, prepared by Carole Tretheway	8 February 2012
WD.506	P8	Proposed South-West Elevation, prepared by Carole Tretheway	8 February 2012
WD.508	P8	Proposed South-East Elevation, prepared by Carole Tretheway	8 February 2012
WD.509	P8	Proposed Entertainment Space West Elevation, prepared by Carole Tretheway	8 February 2012
Performance Bond
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.
Building Appearance
All deck and balcony areas must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.

Landscaping
Existing trees on the site and within road reserves must be retained, except where required to be removed to accommodate the approved renovations.  In this regard, the trees along the rear boundary adjacent to the proposed entertainment building and the palm tree to the front of the entertainment building must be retained.

Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.

Screening vegetation must be planted along the rear and side boundaries adjacent to the entertainment building in accordance with The Noosa Plan’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 5 metres and a minimum spacing of 1.5 metre centres.

REFERRAL AGENCY CONDITIONS

Not Applicable

APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following table:

Plan No.	Rev.	Plan Name – Prepared by	Date
WD.101	P8	Site Plan, prepared by Carole Tretheway	8 February 2012
DA.01	P8	Proposed Ground Floor GFA, prepared by Carole Tretheway	8 February 2012
DA.02	P8	Proposed First Floor GFA, prepared by Carole Tretheway	8 February 2012
DA.03	P8	Proposed Roof Terrace GFA, prepared by Carole Tretheway	8 February 2012
WD.502	P8	Proposed North-East Elevation, prepared by Carole Tretheway	8 February 2012
WD.504	P8	Proposed North-West Elevation, prepared by Carole Tretheway	8 February 2012
WD.506	P8	Proposed South-West Elevation, prepared by Carole Tretheway	8 February 2012
WD.508	P8	Proposed South-East Elevation, prepared by Carole Tretheway	8 February 2012
WD.509	P8	Proposed Entertainment Space West Elevation, prepared by Carole Tretheway	8 February 2012

ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of approval:

An advice notice outlining the estimated infrastructure contributions payable and the basis for their calculation under the current Planning Scheme Policies and Council Policies is attached with this Development Permit.  For properties located in the catchment area for the Coastal Major Road Network Infrastructure Charges Plan, this development permit may trigger an Infrastructure Charge to be issued in accordance with the Infrastructure Charges Plan and Chapter 8 of the “Sustainable Planning Act 2009”.

Please contact Council's Infrastructure Charges Officer (email: [email protected]) a minimum of 5 business days prior to payment of the infrastructure contributions and/or charge notice so a payment advice detailing the amounts applicable at the time of payment may be issued to accompany the payment.

Payment of infrastructure contributions and/or infrastructure charge notices will not be accepted by credit card transaction.

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 3239 3647 to discuss any obligations under the ACH Act.

PROPERTY NOTES

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required                  Subject of the required Development Permit
Building Works                                                          		Multiple Dwelling (3 Units)
Operational Works                                                    		Carparking, Access, Frontage Works, Stormwater Disposal

SELF ASSESSABLE CODES

Not Applicable

SUBMISSIONS

Not Applicable

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.sunshinecoast.qld.gov.au, or at Council offices.

Yours faithfully

Glen Conforti
Development Planning Officer

DECISION NOTICE HISTORY

TPC 2178 - Original Decision Notice. 23 February 1989
TPC 2178 - Changes to an Existing Approval 26 October 1995
TPC 2178 - Changes to an Existing Approval 6 August 2001
TPC 2178 (51989.1635.01) - Changes to an Existing Approval 26 October 1995

Encl. 	Notice of Financial Contribution
Approved Plans/Documents
Appeal Rights

	 Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

FM1512s/1-07/04/2010	Page 10 of 10

FM1512s/1-07/04/2010	Page 1 of 10

51989.1635.01