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Minor Change Existing Approval 132005 307 01 · 132005.307.01

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                                                             Officer:            Cameron Smith
                                                             Direct Telephone:   07 53296178
                                                             Our Reference:      132005.307.01
                                                             Your Reference:     VA Ref # 22792

               11 July 2024


               Ms EA Huddart & Mr ME Huddart
               C/- Suncoast Building Approvals
               PO Box1054
               MAROOCHYDORE QLD 4558
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 30 April 2024, requesting a minor change to an existing
               development approval. Council decided your requested changes.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              132005.307.01

                   Street address:              Noosa Dunes 30/512 David Low Way Castaways Beach Qld 4567

                   Real property description:   Lot 30 SP 111721 SP 111721

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 19 August 2005
               •       Development Permit for Material Change of Use of Premises - Dwelling House in a Sand
                       Dune Problem Area
               In relation to the request to make a minor change to the existing approval, Council on 8 July 2024,
               decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change
               B.      Amend condition 1.1.




               ABN 97.969.214.121                                                                        PO Box 141
               noosa.qld.gov.au                                                                   Tewantin QLD 4565
               [email protected]                                                                   07 5329 6500
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Document Set ID: 23097952
Version: 4, Version Date: 11/07/2024
Full text of the other 6 pages

Page 2

               3.     CURRENCY PERIOD OF APPROVAL

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

               Land Use
               1.     Development undertaken in accordance with this approval must generally comply with
                      the approved plans of development. The approved plans are titled and numbered:-
                       1.1 AMENDED PLANS 8 JULY 2024

                         Plan No.      Rev. Plan/Document Name                                Date

                         WD.101        P5   Site Plan, prepared by CT Design                  25 June 2024

                         0305.02       B    Lower Floor Plan, prepared by Kidd + Co           25 February 2005
                                            Annotated by Council

                         0305.03       B    Mid Floor Plan, prepared by Kidd + Co             25 February 2005
                                            Annotated by Council

                         WD.203        P5   Proposed Ground Floor, prepared by CT Design      25 June 2024

                         0305.04       B    Top Floor Plan, prepared by Kidd + Co             25 February 2005
                                            Annotated by Council

                         WD.204        P5   Proposed First Floor Plan, prepared by CT Design 25 June 2024

                         0305.05       B    Elevations, prepared by Kidd + Co                 25 February 2005
                                            Annotated by Council

                         WD.501        P5   West Elevations, prepared by CT Design            25 June 2024

                         WD.502        P5   South Elevations, prepared by CT Design           25 June 2024

                         0305.06       B    Sections, prepared by Kidd + Co                   25 February 2005
                                            Annotated by Council

                         WD.601        P5   Section, prepared by CT Design                    25 June 2024

                         WD.602        P5   Section, prepared by CT Design                    25 June 2024

                         S3064/05 1         Pavement and Stormwater Plan and Details, May 2005
                                            prepared by Tate Professional Engineers

                       1.2     Pavement and Stormwater Plan and Details - Drawing No. S3064/05/R1 prepared
                               by Tate Professional Engineers and dated May 2005; and as may be amended by
                               these conditions.
               2.     The development must be undertaken and operated in a manner that causes no
                      detrimental effect upon the amenity of the neighbourhood by reason of the creation of
                      excessive noise, lighting nuisance or other emissions.
               3.     The open space and setback areas are to be landscaped in accordance with Council’s
                      Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by
                      a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be
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                      completed prior to the premises being occupied and maintained at all times thereafter.
               4.     The landscaping plan is to consist of species endemic to the Marcus Dunes area. In this
                      respect no turfed areas are permitted outside the building envelope. It is intended that
                      all landscaping resemble the existing vegetation in the locality, being densely planted
                      and completely covering the ground.
               5.     Existing trees on the site and within road reserves are to be retained, except where
                      required to be removed due to building operations or the conduct of the approved use.
                      These landscape plans required to be submitted are to denote areas of existing
                      vegetation or existing trees proposed or required to be retained.
               6.     Construction practices undertaken are to minimise the potential for damage and
                      destruction of vegetation outside the building envelope. In this regard protection
                      measures are required to be installed to ensure existing vegetation is retained.
               7.     The building envelope is to be clearly delineated with the aid of marker tape prior to any
                      excavation work being undertaken on site.
               8.     All hot water systems installed shall be either solar systems; electric heat pump systems;
                      or gas systems (LPG or natural).
               9.     The proposed development shall have all kitchen, laundry and bathroom fittings that
                      comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400
                      (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National
                      Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water
                      Conservation Rating System. All tap ware and shower roses shall not exceed a
                      maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from
                      this requirement.
               10.    A verification survey of the building is to be carried out by a Licensed Surveyor and a
                      certificate lodged with Council at completion of work confirming compliance with the
                      maximum allowable building height as required by either the conditions of approval or
                      the Planning Scheme.
               11.    Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
                      must be submitted, to secure performance of all conditions of this approval, prior to the
                      issue of a Development Permit for operational 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
               12.    The requirements of this development approval are to be effected, prior to the use of the
                      premises. Council reserves the right to call upon the bond or guaranteed sum referred
                      to in this approval to effect compliance with conditions.
               13.    The Development Permit for a material change of use of premises lapses if the use has
                      not happened by 19 August 2009, unless an application to extend the currency is
                      approved by Council.
               14.    The developer must obtain all of the other Development Permits referred to in the
                      Decision Notice, prior to obtaining a Development Permit for Building Works.
               Land Development Vehicle Access
               15.    A vehicular access driveway to serve the dwelling shall be constructed from the common
                      property frontage of the site with a maximum width of 5m.
               16.    The driveway shall be designed and constructed to Council’s design standards and to
                      grades that prevent vehicles from scraping and/or bottoming whilst also allowing
                      pedestrians movements along the footpath without any level difference. Should any
                      driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004,
                      Council will require that the driveway be removed and reconstructed to levels that do
                      comply.
                      Please note, a step between the driveway and the footpath shall be avoided, as it is
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                      preferred to have the footpath continue at a constant grade to minimise the potential for
                      pedestrians to trip or fall.
               Pathway Contributions
               17.    A pathway contribution of $252 towards external major pathways, in accordance with
                      Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to
                      the Council prior to obtaining a Development Permit for Operational Works. This amount
                      will be subject to variations in the Consumer Price Index, All Groups Brisbane from June
                      2005 until the date of payment.
               Stormwater Drainage
               18.    All stormwater drainage shall be collected on site and discharged so there is no net
                      increase in stormwater runoff from the site and generally in accordance with the
                      Pavement and Stormwater Plan and Details – Drawing No. S3064/05/R1.
               19.    Roof runoff from the new dwelling shall be directed to a rainwater storage system or tank
                      (minimum storage 3000 litres) that is plumbed to service the toilets in the new dwelling
                      and landscaping areas. The design of the rainwater storage system shall be to the
                      satisfaction of the Manager Plumbing Services.
               20.    The overflow runoff and all other stormwater shall be collected on site and discharged
                      through the proposed infiltration pit.
                      To this end, a detailed maintenance plan shall be prepared for the proposed infiltration pit,
                      which shall be submitted to the Council for approval prior to obtaining a Development
                      Permit for Operational Works.
                      The approved maintenance plan shall be incorporated in the ongoing maintenance for the
                      development.
                      A Development Permit for Building Works shall not be granted until a Development
                      Permit for Operational Works has been issued in regard to the drainage scheme.
               21.    All site stormwater drainage shall be by means of a gravity system.
                      Mechanical pump out systems shall not be used to dispose of surface stormwater
                      runoff not being reused in toilets and landscaping.
                      Overflow from the reuse system shall be by gravity system.
               Sewer Mains
               22.    The dwelling shall be connected to Council’s existing sewerage reticulation systems and
                      be constructed in accordance with Council’s standards and requirements at no cost to
                      Council.
               Town Water Supply
               23.    The dwelling shall be connected to Council’s existing town water supply and be
                      constructed in accordance with Council’s standards and requirements at no cost to
                      Council.
               Earthworks
               24.    Earthworks carried out on site shall not affect the structural integrity of any of the existing
                      fences or structures that border the development site. Fences that are affected shall be
                      replaced prior to plan endorsement. In this regard any fences to be replaced shall be
                      clearly shown on the plans submitted for Operational Works approval.
               Site Stability
               25.    A Geotechnical Engineer or similar qualified expert shall 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 make recommendations on the
                      type of foundation system(s) best suited for the proposed development. This information
                      shall be submitted to the Council prior to obtaining a Development Permit for Operational
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Document Set ID: 23097952
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                      Works.
               Erosion and Sediment Control
               26.    Any person acting on this permit shall prevent erosion and sediment export from leaving
                      the site. Site control measures such as silt fencing, controlled gravel access to the site
                      and controlled disposal of waste, will be necessary.
                      In this regard plans detailing the methods of controlling erosion and sediment are
                      required to be submitted to the Council for approval prior to obtaining a Development
                      Permit for Operational Works.
               General
               27.    Any damage caused to any public utility during the course of construction shall be
                      repaired to Council’s standards and at no cost to Council.
               28.    Any alteration of any public utility or other facilities necessitated by the development of
                      the land or associated construction works external to the site shall be at no cost to
                      Council.
               29.    The transportation of all materials to and from the site shall be undertaken in a manner
                      such that no particle matter escapes onto a public road. All vehicles carrying materials
                      either to or from the site shall be covered to prevent materials including dust being
                      windblown from the vehicle.
               Building Services
               30.    The Geotechnical report prepared by Golder Associates Pty Ltd is approved subject to
                      the following conditions:-
                       30.1 There is to be no uncontrolled discharge of water onto the slope;
                       30.2 Stripping of vegetation for construction purposes should be minimised. If vegetation
                            is destroyed it should be reinstated immediately after construction is completed;
                       30.3 Additional load due to fill, construction equipment or stockpiled materials should not
                            be located on the dune slope;
                       30.4 The use of vibratory equipment of any kind is not permitted to be used, including
                            vibrating rollers, the use of vibrating installation techniques for sheet piling and other
                            construction vibrations caused by excavating, earthmoving or demolition machinery
                            or other similar construction techniques;
                       30.5     A RPEQ is to be engaged by the client to oversee the piling works;
                       30.6 The applicant’s Geotechnical engineer will be required to be on site for the whole of
                            the time during any major excavation. The construction of the whole of the foundations
                            is to be supervised and directed by a consulting Geotechnical engineer. If there is a
                            risk of sand movement occurring, all work shall be suspended until such steps,
                            approved by the applicant’s Geotechnical engineer, have been taken to ensure that
                            no further slippage will result
               5.     REFERRAL AGENCIES

               Not applicable
               6.     ADVISORY NOTES

               ADVICE
               1.     Approval of this development application will trigger an Infrastructure Charge in
                      accordance with the Coastal Major Road Network Infrastructure Charges Plan for the
                      estimated amount of $2,588. This amount will subject to variations in the Consumer Price
                      Index, All Groups Brisbane from June 2005 until the date of payment. An Infrastructure
                      Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning
                      Act 1997.
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               2.       Payment via credit card transaction will not be an acceptable method of payment for
                        development contributions conditioned in this permit or for infrastructure charge notices
                        issued separately.
               3.       The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999
                        and Local Law No. 12, prevents a builder or building contractor carrying out building work
                        on a building site in a way that makes or causes audible noise to be made from the
                        building work:-
                        3.1. On a Sunday or public holiday, at any time; or
                        3.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
               4.       A maximum penalty of $1,500 applies to an offence under this legislation.
               5.       Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991
                        Act if the cost of operational works exceeds $80,000, then a portable long service leave
                        levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is
                        required to sight the approved form issued by the Building and Construction Industry
                        (Portable Long Service Leave) Authority that confirms that the requirements of the Act
                        have been satisfied. A statutory declaration outlining the cost of the operational works
                        must be submitted to Council with the lodgement of any application for operational works
                        property notes
               7.       VARIATION APPROVAL DETAILS

               Not applicable
               8.       FURTHER DEVELOPMENT PERMITS REQUIRED

                   Type of Development Permit Required                       Subject of the required Development Permit

                   Development Permit for Building Works                     All building work.

               9.       SUBMISSIONS

               Not applicable
               10.      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.
               11.      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,




               Cameron Smith
               Development Planner
               Enc:     Appeal Rights
                        Approved Plans/Documents


               DECISION NOTICE HISTORY
               •     Original Decision Notice -19 August 2005.

               •     Decision Notice - Minor 132005.307.01 – 8 July 2024, with an
                     amendment to conditions 1.1

                                                                                                                Page 6 of 7


Document Set ID: 23097952
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Page 7

                                                                              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 7 of 7


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Version: 4, Version Date: 11/07/2024

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