Minor Change Existing Approval MCU18 0001.01 · MCU18/0001.01

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU18/0001.01
Your Reference:	n/a
22 October 2019
JR Klobas
C/- M Klobas
Elysium Noosa
7 Hollyhock Cres
NOOSA HEADS QLD  4567
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 13 August 2019, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0001.01
Street address:	8 Stevens St Sunshine Beach Qld 4567
Real property description:	Lot 696 SP 279875
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on: 20 November 2018
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 17 October 2019, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend conditions 2, 20
C. 	Delete condition 17
D. 	Include additional condition 33
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval (MCU18/0001) took effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
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 unless otherwise amended by these conditions.
Plan No.	Plan/Document Name	Date
C0.0	Site Plan, drawn by Chris Clout Design	13/11/18
C1.0	Lower Floor Plan, drawn by Chris Clout Design	13/11/18
C2.0	Ground Floor Plan, drawn by Chris Clout Design	13/11/18
C3.0	Upper Floor Plan, drawn by Chris Clout Design	13/11/18
C4.0	Elevations (East/West), drawn by Chris Clout Design	13/11/18
C5.0	Elevations (North/South), drawn by Chris Clout Design	13/11/18
C6.0	Section (1 & 2), drawn by Chris Clout Design	13/11/18
Minor change to approval MCU18/0001.01
WD1.0	Site Plan, drawn by Chris Clout Design	16/10/2019
WD2.0	Lower Floor, drawn by Chris Clout Design	16/10/2019
WD3.0	Ground Floor, drawn by Chris Clout Design	16/10/2019
WD4.0	Upper Floor, drawn by Chris Clout Design	16/10/2019
WD5.0	Elevations (west, east), drawn by Chris Clout Design	16/10/2019
WD5.1	Elevations (north, south) (as annotated by Council), drawn by Chris Clout Design	16/10/2019
WD6.0	Section, drawn by Chris Clout Design	16/10/2019
WD6.1	Section, drawn by Chris Clout Design	16/10/2019
WD7.0	Pool Plan, drawn by Chris Clout Design	16/10/2019
WD9.0	External details, drawn by Chris Clout Design	16/10/2019
WD13.0	External colours, (as annotated by Council), drawn by Chris Clout Design	16/10/2019
Building Height
The maximum height of the development must not exceed 8 metres above the natural and finished ground surface.
The maximum height of the development must not exceed 2 storeys, except for that portion of the dwelling that extends eastward of the ‘line of 3 storeys’ shown on the Ground Floor Plan No. C2.0 (not including the ground floor deck).
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $3,000 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.
Landscaping
A minimum of 20% of the site must be of soft landscaping.
Built form
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level or otherwise fully enclosed or screen such that they are not visible from the street frontages or adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvers, glass panelling or the like, expect where required to satisfy any privacy condition of this Decision Notice.
Privacy
To ensure privacy is protected between adjoining properties any windows or glazing that has the potential to overlook the private open space of neighbouring properties must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen
To ensure privacy doors, windows, glazing or balconies that have the potential to overlook the private spaces of neighbouring properties must include either balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Site Access and Driveways
A sealed access driveway must be provided from the existing formation in the shared driveway to all parking and manoeuvring areas of the development.
All vehicle movements associated with entering and exiting the development must be undertaken wholly within the property or the associated access easements.
Vehicle manoeuvring must be in accordance Australian Standards and Engineering Certification dated 13 November 2018 as authored by Bax Engineering Pty Ltd.
Certification from a RPEQ that vehicle manoeuvring is in accordance with Condition 15 is required to be submitted to Council when construction is complete and prior to the Final Building Inspection Certification is issued.
Fencing and Walls
Deleted.
Setbacks
The balustrading on the deck shown on the Ground Floor Plan C2.0 on the northern and eastern boundary must be setback 1.5 metres from the edge of the structure (planter) and be densely landscaped (in accordance with the approved plans) to prevent overlooking opportunities into adjoining property.
The setback of the sundeck on the upper level plan must be setback a minimum of 5.2 metres from the rear boundary and be in accordance with the approved plans.
Garage
The garage wall height must not be any higher than indicated on Elevation Plans no. WD5.0 and WD5.1.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. The works must be undertaken generally in accordance with the “Stormwater Quantity Assessment” prepared by BAX Engineering reference 018-001 Clout Design dated 26 June 2018.
Easements
No part of the structure or roof line is to encroach on the access easement.  Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not encroach on the any access easement.
Emt B on SP279875 at the rear of the site must be deleted upon completion of works.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
A Geotechnical Engineer or similar qualified person* must assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or land, and make recommendations on the type of foundation system(s) best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
*(Refer to Advisory Note)
At the completion of the development certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in the Geotechnical Report for the development, and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
Earthworks carried out on site must not affect the stability of adjoining buildings and/or structures and/or land that border the development site.
All earthworks must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
33.	The eastern part of the southern façade is to have a variance of colour, texture, feature and/or material to provide articulation, so as to not appear as a blank wall (as annotated on Plan WD5.1 & WD13.0).
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Unity Water
Any changes to Emt C on SP279875 will be at the discretion of Unitywater
Retention of Existing Trees
The existing trees on adjoining northern property must be retained and protected (in particular the Pandanus tree) during construction. 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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Building Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
provision for worker car parking
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
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	Private Certification
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 20 November 2018.
Decision Notice – Minor MCU18/0001.01 – 17 October 2019, with an amendment to conditions 2 and 20, additional condition 33 and delete condition 17
	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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ee) NOOSA COUNCIL