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Decision Notice DBW23/0023

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                                                                                 Officer:            Tara Norley
                                                                                 Direct Telephone:   07 53296486
                                                                                 Our Reference:      DBW23/0023
                                                                                 Your Reference:     0519

               28 April 2023


               P Kar & NL Kar
               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 27 April 2023, Council decided to approve the
               application subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              DBW23/0023

                   Street address:              6 Belmore Tce, Sunshine Beach

                   Real property description:   Lot 1 SP 106184

                   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 –
                       alterations and additions to a Dwelling House
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

                       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.
                       Currency Period
               2.      This development approval lapses if the works have not substantially started by
                       24 April 2025, unless an application to extend the currency period is approved by Council.

               ABN 97.969.214.121                                                                       PO Box 141
               noosa.qld.gov.au                                                                  Tewantin QLD 4565
               [email protected]                                                                  07 5329 6500
Document Set ID: 22387609
                                                                                                           Page 1 of 6
Version: 3, Version Date: 02/05/2023
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                      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

                           101         DA-1      Site Plan, prepared by Robinson Architects           27/02/2023

                           102         DA-1      Lower Floor Plan – Demo, prepared by Robinson 27/02/2023
                                                 Architects

                           103         DA-1      Lower Floor Plan – Proposed, prepared by Robinson 27/02/2023
                                                 Architects

                           104         DA-1      Ground Floor Plan – Demo, prepared by Robinson 27/02/2023
                                                 Architects

                           105         DA-1      Ground Floor Plan – Proposed, prepared by 27/02/2023
                                                 Robinson Architects

                           106         DA-1      First Floor Plan – Demo, prepared by Robinson 27/02/2023
                                                 Architects

                           107         DA-1      First Floor Plan – Proposed, prepared by Robinson 27/02/2023
                                                 Architects

                           109         DA-1      Roof Plan – Proposed, prepared by Robinson 27/02/2023
                                                 Architects

                           201         DA-1      Elevations, prepared by Robinson Architects          27/02/2023

                           202         DA-1      Elevations, prepared by Robinson Architects          27/02/2023

                      Building Appearance
               4.     External colours and finishes must be of muted/environmental tones that blend with the
                      natural environment and low-reflective roofing and cladding materials.
                      Landscaping Works
               5.     A minimum of 20% of the site must be retained as soft landscaping.
               6.     Existing native trees on the site must be retained.
               7.     Existing vegetation in the road reserve must be retained, unless written authorisation from
                      Council is granted for the clearing.
               8.     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.
                      Coastal Protection
               9.     Rear fences adjacent to the beachfront must be designed and sited to be sympathetic to the
                      visual amenity of the beachfront, with no gate installed to provide direct access to the
                      beachfront. Any existing gate in the fence line must be removed.



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               10.    External colours and finishes must be of muted/environmental tones that blend with the
                      natural environment and low-reflective roofing and cladding materials.
               11.    All lighting associated with all works approved as part of this application 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. Management measures include reduced
                      intensity, long wavelength lights; shielded, low to the ground, and directed onto areas of
                      interest; low reflectance building surfaces and paint; and tinted external glass. The following
                      are to be incorporated into the works approved as part of this application:
                      a.      All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
                              must have 15% visible light transmittance tinting.
                      b.      The number and wattage of lights must be minimised.
                      c.      All lights must be recessed into structures and roof, and directed away from the turtle
                              nesting habitat.
                      d.      No lighting is permitted on and/or around the roof of the building.
                      e.      External feature lighting to the building must be positioned below 8 metres in height
                      f.      No upward lights or vertical illumination of the building, vegetation or other structures
                              using lighting that shines into the sky to be used.
                      g.      Pool lighting must be switched off after 8:00pm during nesting and hatching season
                              (October – May).
                      h.      All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
               12.    Certification must be submitted to Council which certifies that the lighting requirements of
                      this Decision Notice have been met.
                      Environment
               13.    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.
                      Stormwater Drainage
               14.    Stormwater runoff from the development must be discharged to Belmore Terrace without
                      causing scour or damage to the subject site or any adjoining property.
                      Damage to Services and Assets
               15.    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.
               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:
                      Development Compliance Inspection
               1.     Prior to the commencement of the use, please contact Council's Development Assessment
                      Branch to arrange a Development Compliance Inspection.




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                      Sustainability
               2.     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.
                      Fires in Urban Areas
               3.     In urban areas fires are prohibited except where in an appliance is used for domestic heating
                      or cooking purposes, which must comply with particular standards. Any area identified as a
                      fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
                      Law No. 3, Schedule 3. Refer to the following link for details:
                      https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
                      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
                      Turtle Habitat Protection
               5.     To minimise the impact of development on turtle nesting sites and the sea-finding behaviour
                      of hatchlings, the following actions are recommended to be undertaken during construction of
                      the development:
                      a.      Construction works are to be restricted to daylight hours during the turtle nesting and
                              hatching season (October – May).
                      b.      Flood lighting must not be used from October – May (turtle nesting and hatching
                              season).
               6.     All lighting should 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.
                      Management measures include reduced intensity, long wavelength lights; shielded, low to
                      the ground, and directed onto areas of interest; low reflectance building surfaces and paint;
                      and tinted external glass. The following should be incorporated into the development:
                      a. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) to
                         have 15% visible light transmittance tinting.
                      b. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) to be
                         fitted with opaque blinds, to be drawn from 8:00 pm during turtle nesting and hatching
                         season (October – May).
                      c. Indoor and outdoor paint/surfaces/fixtures to be matte and dark in colour and have a
                         maximum reflectance value of 30%.
                      d. All outdoor lights to have a maximum of 2700 K correlated colour temperature (CCT). All
                         indoor lights to have a maximum of 3000 K CCT. All lighting (interior and exterior) to
                         avoid the use of halogen, metal halide, or fluorescent lights.
                      e. Amber LED (590-610 nm) or low pressure sodium lighting to be used as a standard.
                         Warm white is to be used only where colour rendition is required. LED lights should 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.
                      f. The number and wattage of lights to be minimised.
                      g. All lights to be recessed into structures and roof, and directed away from the turtle nesting
                         habitat.
                      h. No lighting should be located on the roof of the building.
                      i. All outdoor lights, including balcony lights, to be turned off between 8:00 pm and sunrise
                         during turtle nesting and hatching season (October – May).




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                      j. External feature lighting to the building to be positioned below 10 metres in height and
                         turned off between 8.00 pm and sunrise during turtle nesting and hatching season
                         (October – May).
                      k. Upward lights or vertical illumination of the building, vegetation or other structures using
                         lighting that shines into the sky should not be used.
                      l. Where lighting is required for safety purposes (including all corridors above ground level,
                         stairwells, entry points etc.), the lighting of these areas should 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 should be used
                         wherever possible.
                      m. Decorative outdoor lighting should not be fitted to the buildings, open space or recreation
                         areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October – May).
                      n. Pool lighting to be switched off after 8:00 pm during nesting and hatching season
                         (October – May).
                      o. All exterior lighting to be shielded by a minimum of 30 cm vertical shielding.
               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 (including demolition)

               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




               Tara Norley
               Development Planner

               Enc:   Appeal Rights
                      Approved Plans/Documents




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Page 6

                                                                              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.




Document Set ID: 22387609
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Version: 3, Version Date: 02/05/2023

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