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SUPERSEDED - Minor Change Existing Approval 51983 3225 15 [As Published]

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                                                              Officer:            Lisa Pienaar
                                                              Direct Telephone:   07 53296514
                                                              Our Reference:      51983.3225.15
                                                              Your Reference:     02596

               3 August 2022


               RT Wadland TTE
               C/- Martoo Consulting Pty Ltd
               PO Box 1684
               NOOSA HEADS QLD 4567
               [email protected]



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

               I refer to your application received on 22 April 2022, 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:              51983.3225.15

                   Street address:              The Hastings 17/30 Hastings St Noosa Heads Qld 4567

                   Real property description:   Lot 17 GTP 1154

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on October 1983
                      Town Planning Consent Permit for Multiple Dwelling 25 Units, 8 Shops
               In relation to the request to make a minor change to the existing approval, Council on 1 August
               2022, decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change
               B.      Amend condition 1
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.




                                                PO Box 141                 P. (07) 5329 6500      [email protected]
                                                TEWANTIN QLD 4565          F. (07) 5329 6501      www.noosa.qld.gov.au
                                                                                                               Page 1 of 14
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               4.     ASSESSMENT MANAGER CONDITIONS

               PLANNING
                      When Conditions must be Complied With
               1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                      the use commencing, and then compliance maintained at all times while the use continues.

                         Plan No.        Rev.     Plan, prepared by                                Date

                         No.1                     Perspectives & Notes, prepared by Accolade 22/07/2014
                                                  Building Designs

                         No.3                     Ground Floor & 1st Level, prepared by 22/07/2014
                                                  Accolade Building Designs

                         No.4                     Elevations, prepared by Accolade Building 22/07/2014
                                                  Designs

                                                    Approved Plans - October 2015

                         DA 3001         A        Site Plan, prepared by Peter Hull Architect      Sept 15

                         DA 3002         B        Floor Plans, prepared by Peter Hull Architect    Sept 15

                         DA 3004         A        Ground Floor and Carport Plan, prepared by Sept 15
                                                  Peter Hull Architect

                         DA 4001         B        Sections, prepared by Peter Hull Architect       Sept 15

                         DA 5001         B        Elevations, prepared by Peter Hull Architect     Sept 15

                                                     Approved Plans – March 2016

                                                  GRND FLR – Proposed (Unit 14), prepared by 14/10/2015
                                                  LPID

                                                  Elevation (Unit 14) – East Facing (Street 14/10/2015
                                                  Frontage), prepared by LPID

                                                  Elevation – North Facing (Unit 14), prepared 14/10/2015
                                                  by LPID

                                                  Elevation – South Facing (Unit 14), prepared 14/10/2015
                                                  by LPID

                                                  Elevation – West Facing (Unit 14), prepared 14/10/2015
                                                  by LPID

                                                  3D Views – Exterior (Unit 14), prepared by 14/10/2015
                                                  LPID

                                                  GRND FLR – Proposed (Unit 25), prepared by 14/10/2015
                                                  LPID

                                                  Elevation (Unit 25) – South View, prepared by 14/10/2015
                                                  LPID



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                                                  Elevation – East (Unit 25), prepared by LPID    14/10/2015

                                                  Elevation – West (Unit 25), prepared by LPID    14/10/2015

                                                  Elevation – North (Unit 25), prepared by LPID   14/10/2015

                                                  3D Views – Exterior (Unit 25), prepared by 14/10/2015
                                                  LPID
                                                       Approved plans – May 2016
                          Plan No.        Rev.    Plan, prepared by                                     Date

                          DA.01           B       Location Plan prepared by Bark Design Architects      26/02/201
                                                                                                        6

                          DA.02           C       Site Plan prepared by Bark Design Architects          23/02/201
                                                                                                        6

                          DA.04           C       Ground Floor Plan prepared by Bark Design 23/02/201
                                                  Architects                                6

                          DA.05           C       First Floor Plan prepared by Bark Design Architects 23/02/201
                                                                                                      6

                          DA.06           C       Second Floor Plan prepared by Bark Design 23/02/201
                                                  Architects                                6

                          DA.07           C       Roof Terrace Plan prepared by Bark Design 23/02/201
                                                  Architects                                6

                          DA.11           B       South Elevation     prepared   by   Bark   Design 26/02/201
                                                  Architects                                        6

                          DA.12           B       East Elevation prepared by Bark Design Architects     26/02/201
                                                                                                        6

                          DA.13           B       North Elevation prepared by Bark Design Architects 26/02/201
                                                                                                     6

                          DA.14           B       West Elevation prepared by Bark Design Architects 26/02/201
                                                                                                    6

                                                  Approved plans – March 2017 Unit 20

                          Plan No.     Plan, prepared by                              Date

                          1016HMK 3D rendering, prepared by Accolade Building 23 March 2017
                          Sheet 1 Designs

                          1016HMK Floor Plans, prepared by Accolade Building 23 March 2017
                          Sheet 2 Designs

                          1016HMK Ground Floor plan, prepared by Accolade 23 March 2017
                          Sheet 3 Building Designs




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                          1016HMK Elevations, prepared by Accolade Building 23 March 2017
                          Sheet 4 Designs

                                                  Approved plans – April 2017 Unit 13

                          Plan, prepared by                                       Date

                          Site plan, prepared by Mandy’s Design and Drafting      March 2017

                          Proposed floor plan, prepared by Mandy’s Design and March 2017
                          Drafting

                          Elevations, prepared by Mandy’s Design and Drafting     March 2017

                                                 Approved plans – August 2017 Unit 20

                          Plan No.     Plan, prepared by                          Date

                          1016HMK 3D rendering, prepared by Accolade Building 23 March 2017
                          Sheet 1 Designs

                          1016HMK Floor Plans, prepared by Accolade Building 23 March 2017
                          Sheet 2 Designs

                          1016HMK Ground Floor plan, prepared by Accolade 23 March 2017
                          Sheet 3 Building Designs

                          1016HMK Elevations, prepared by Accolade Building 23 March 2017
                          Sheet 4 Designs

                                                  Approved plans – August 2017 Unit 5

                          Sheet 1 of Site Plan, prepared by Mandy’s Design and July 2017
                          4 Issue A Drafting

                          Sheet 2 of Existing Floor Plans, prepared by Mandy’s July 2017
                          4 Issue A Design and Drafting

                          Sheet 3 of Proposed floor plan, prepared by Mandy’s July 2017
                          4 Issue A Design and Drafting

                          Sheet 4 of Elevations, prepared by Mandy’s Design and July 2017
                          4 Issue A Drafting

                                                  Approved Plans – April 2018 Unit 21

                          Sheet 1 of Proposed Partial Enclosure of Ground Level 26/04/2018
                          6          Under Existing Unit, prepared by Accolade
                                     Building Designs

                          Sheet 2 of Proposed Partial Enclosure of Ground Level 26/04/2018
                          6          Under Existing Unit, prepared by Accolade
                                     Building Designs




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                          Sheet 3 of Proposed Partial Enclosure of Ground Level 26/04/2018
                          6          Under Existing Unit (floor plans), prepared by
                                     Accolade Building Designs

                          Sheet 4 of Proposed Partial Enclosure of Ground Level 26/04/2018
                          6          Under Existing Unit (elevations), prepared by
                                     Accolade Building Designs

                                                 Approved Plans – 1 August 2022 Unit 17

                          Sheet 01, Site Location, Site Plan & Floor Plans, June 2022
                          Issue H   prepared by Innovate Architects

                          Sheet 02, Elevations, Section & External Finishes June 2022
                          Issue H   Schedule, prepared by Innovate Architects

                          Sheet 07     Perspectives, prepared by Innovate Architects June 2022
                          Issue H

                                                  Approved Plans – March 2020 Unit 19

                          A01          Site Location, Site Plan & Calculations, 22 January 2021
                                       prepared by Lisa Page

                          A02          Ground Floor Plan – with proposed alterations, 22 January 2021
                                       prepared by Lisa Page

                          A03          Level 1 Floor Plan, prepared by Lisa Page    22 January 2021

                          A04          Level 2 Floor Plan, prepared by Lisa Page    22 January 2021

                          A05          Level 3 Terrace, prepared by Lisa Page       22 January 2021

                          A06          Elevations Views: North & South facing, 22 January 2021
                                       prepared by Lisa Page (as annotated by
                                       Council)

                          A07          Elevations Views: East & West facing, 22 January 2021
                                       prepared by Lisa Page (as annotated by
                                       Council)

                          A08          Perspective view, Terrace level, prepared by 22 January 2021
                                       Lisa Page

                          A09          Perspective views: south, west, north facing, 22 January 2021
                                       prepared by Lisa Page

                          A10          Perspective views: south/east/north views, 22 January 2021
                                       prepared by Lisa Page

                          A11          Section view-east facing, prepared by Lisa 22 January 2021
                                       Page

                          A12          External Material Finishes Palette           22 January 2021
                                       by Lisa Page



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                           -              Landscape Concept Design document                              -
                                          including site plan and perspective, cross
                                          sections, look and feel and design, prepared
                                          by Louise Custance
                                       Approved Plans – 21 October 2021 Units 9-10 (Lot 30 SP307674)
                           Plan No.       Plan, prepared by                                Date

                           SD.102         Proposed Holyman Unit 3D perspectives, N/D
                                          prepared by Gerard Smith Design
                           Iss P2

                           SD.104         Site / Roof Plan, prepared by Gerard Smith Aug 2018
                           Iss P10        Design

                           SD.201         Floor Plans, prepared by Gerard Smith Design Aug 2018
                           Iss P9

                           SD.501         Elevations proposed, prepared by Gerard Aug 2018
                           Iss P9         Smith Design

                           SD.601         Cross Sections – Sheet 2, prepared by Gerard Aug 2018
                           Iss P2         Smith Design

                           SD.951         Overviewing Diagrams – Level 1, prepared by Aug 2018
                           Iss P9         Gerard Smith Design

                           SD.952         Overviewing Diagrams – Level 2, prepared by Aug 2018
                           Iss P9         Gerard Smith Design

               3      Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed within this Decision Notice.
                      Construction Management Plan & Pre-Start Meeting
               4      A Construction Management Plan must be submitted to and approved by Council prior to
                      obtaining a building approval and must specifically address the following:
                      a.        Traffic Management during all aspects of the construct phase including.
                                i.     Traffic Management Control Plan in accordance with Manual of Uniform Traffic
                                       Control Devices (MUTCD) detailing all temporary signage and traffic control
                                       measures prior to construction.
                               ii.     Maintenance of safe and unobstructed access across the frontage of the site for
                                       pedestrians and vehicles both during daily construction and after daily
                                       construction has ceased.
                               iii.    Parking arrangements, number, and locations for vehicles associated with the
                                       proposed construction works that need to be onsite or in proximity to the site at
                                       any time during the phases of the construction works. Where relevant, time slots
                                       and off-peak hours should be indicated. All efforts must be made to prevent or
                                       minimise adverse impact on public parking availability in the local area.
                      b.        Works programme identifying key components of the works and their respective
                                durations.
                      c.        Written confirmation from the Body Cooperate accepting the use of the common
                                property for activities associated with the construction works as identified in the final
                                Construction Management Plan and the Traffic Management Plan.



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                      d.      Proposed fencing to the site during the construction phase of the development.
                      e.      Protection fencing for existing landscaping and trees in proximity to the work activities.
                      f.      Maintenance and protection of water quality and existing drainage lines through the
                              construction site through the implementation of appropriate erosion and sediment
                              control measures to prevent silt and contaminants from entering existing stormwater
                              system.
                      g.      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 and services and other relevant issues.
                      h.      identification of complaint management procedures including:
                               i.      Contact details for the on-site manager.
                              ii.      Dispute resolution procedures.
               5      Council must be contacted at least 5 working days prior to any works commencing to
                      organise a pre-start meeting. The contact number to arrange a pre-start meeting is Diogo
                      Carrico on ph.53296465. The pre-start meeting must include:
                      a.      The relevant parties for any Civil Engineering and Building works.
                      b.      A representative of the Body Corporate.
                              The applicant must provide copies of the approved construction and traffic
                              management plans for the attendees at the prestart meeting.
                      Frontage Condition Report
               6      A condition report including photographs of the frontage of the site must be completed and
                      submitted to council at the prestart meeting and prior to any works commencing.
                      General Requirements
               7      Any conflict between the development and an existing or proposed service must be referred
                      to the relevant service authority for determination prior to commencement of works.
               8      The developer must meet any costs to repair damage to any Council asset during
                      construction where damage is a result of the development works. Damage to assets must
                      be repaired immediately where it creates a hazard to the community. In circumstances where
                      the damage does not create a hazard to the community, it must be repaired immediately on
                      completion of the works associated with the development.
                      Performance Bond
               9      Deleted.
                      Performance Bond
               10     Security in the form of a cash bond or trading bank guarantee to the sum of $4000 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
               11     All air conditioning units or other mechanical equipment must be fully enclosed or screened
                      such that they are not visible externally from adjoining land uses.
                      Privacy – Unit 17
               12     To ensure privacy is protected between adjoining units, the kitchen window located on Level
                      1 must either:
                      a.      have a minimum window sill height or 1.7 metres above floor level; or


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                      b.      be fitted with opaque glazing.
               13     The balcony located on Level 1 and the roof top terrace 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 units.
                      Noise
               14     Written certification is required from a suitably qualified person confirming that sound
                      pressure levels from all mechanical plant and equipment comply with the following:
                      a.      Air-conditioning
                                      7am to 10pm: Maximum level allowable = background + 5dB(A)
                                      10pm to 7am: Maximum level allowable = background + 3dB(A)
                      b.      Pumps/spa equipment
                                      7am to 7pm: Maximum level allowable = background + 5dB(A)
                                      7pm to 10pm: Maximum level allowable = background + 3dB(A)
                                      10pm to 7am: No audible noise.
               15     The certification must be submitted to Council at the completion of the building works, which
                      certifies that operational noise from any fixed plant and equipment complies with the
                      requirements of this Decision Notice.
                      Landscaping Works
               16     The Cocos palm on Lot 17 must be removed prior to construction works commencing on site.
               17     The Hills Fig tree on Lot 17 may be removed as part of preparing the site for construction.
               18.    The development site must be landscaped generally in accordance with Planning Scheme
                      Policy PSP03 – Landscaping Plants and guidelines and the following requirements:
                      a.      Lot 17 - 2 x 45L Small Leaf Lilly Pilly’s (Syzygium luehmannii) planted in the general
                              location of the vegetation approved for removal.
                      b.      Lot 17-3 x 45L trees listed in the PSP03 suitable for the Noosa Heads locality must be
                              planted between the building and the northern boundary and north western corner of
                              Lot 17 that grow to a maximum height of 7 metres.
                      c.      Lot 19 - the works as generally shown on the approved Landscape concept plan as
                              prepared by Louise Custance except for the usage of exotic species and include 2
                              advanced local native tree species in a pot size of no less than 45L that grow to a
                              maximum height of 7 metres.
                      d.      Lot 19 – Landscaping must be provided between the building and western boundary
                              that grow (on average) to a maximum height of 5 metres in order to soften the built
                              form where viewed from the west.
               19.    All landscape works must be established and maintained in accordance with the approved
                      design for the life of the development, and in a manner that ensures healthy, sustained and
                      vigorous plant growth. All plant material must be allowed to grow to full form and be
                      refurbished when its life expectancy is reached.
               20.    Landscape works must be completed prior to the commencement of the approval use.
               21.    Vegetation 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.


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                      Damage to Services and Assets
               22.    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.
                      Flood
               23.    In response to the potential flood risks, material and surface treatments below the defined
                      flood event must be resilient to water damage and do not include wall cavities that are
                      susceptible to the intrusion of water.
               24.    No habitable rooms are to be located on the ground floor.
                      Demolition
               25.    Security to the value of $5,000 must be provided to Council’s Building and Plumbing Services
                      prior to the issue of the Development Approval for Building Works – demolition of Unit 17 &
                      19. The security must be in the form of a cash bond or bank guarantee, for security against
                      satisfactory completion of works.
               26.    Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
                      bridges or roadways at the removal site, the new site or between the sites must be repaired
                      or reinstated to at least pre-existing conditions.
               27.    All waste materials are removed from site.
               28.    Litter, erosion and sediment control measures are to be installed and/or maintained until soils
                      are stabilised by vegetation or sealed. NB: it is an offence under the Environmental Protection
                      Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a
                      waterway or storm water drainage system (e.g. roadside gutter).
               29.    Removal of building materials containing asbestos must be undertaken by a licensed
                      asbestos removalist.
               30.    Asbestos removal work (Section 466) of the Work Health and Safety Regulation
                      2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety
                      Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
                      commences. Notification must be made using Form 65: Notification of licensed asbestos
                      removal work, demolition work or emergency demolition.
               31.    All building materials containing asbestos products are wrapped and disposed of in
                      accordance with the Public Health Regulation 2006 and the Environmental Protection
                      Regulation 2008. NB: Asbestos is a Regulated Waste. The Department of Environment &
                      Science licenses businesses that transport asbestos waste, and landfills that accept this
                      waste.
               32.    All building materials containing asbestos, including asbestos cement sheeting or roofing and
                      lagging are removed from the building prior to demolition/relocation.
               33.    It is a requirement of the ‘Plumbing and Drainage Regulation 2019’ that at demolition of a
                      building classed 1-10, the existing sanitary drain upstream from the connection point for a
                      service provider’s sewerage system must be sealed water tight. This work is deemed as
                      Notifiable Work and must be carried out by a suitably licenced plumber who shall submit an
                      As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
                      Construction Commission) within 10 days of completing the work.




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                      Special conditions relating to the redevelopment of Unit 19 only – 4 March 2021
               34.    The Level 1 balcony is to be setback 0.5 metres from the western boundary and 3.5 metres
                      from the northern boundary.
               35.    All parts of the building must be wholly contained within Lot 19 with the exception of
                      structures in the exclusive use area as stipulated by the Community Management Statement
                      for the site.
               36.    The storage room on the ground level is not to be used as a bedroom or as any other
                      habitable room.
                      Additional Conditions specific for Lot 30 (and the use of Lots 7 & 11 for construction
                      and access) – 21 October 2021
                      Performance Bond - Planning
               37.    Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
                      be submitted to Council, to secure performance of all conditions of this approval, specifically
                      for Lot 30, 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.
                      Performance Bond – Demolition
               38.    Security to the value of $10,000 must be provided to Council’s Building and Plumbing
                      Services prior to the issue of the development approval for building works (demolition). The
                      security must be in the form of a cash bond or bank guarantee, for security against
                      satisfactory completion of works.
                      Landscaping
               39.    The development site must be landscaped generally in accordance with the approved plans
                      and Planning Scheme Policy PSP2 – Landscaping, and the following requirements:
                      a.      A minimum of a 1m wide garden with dense landscaping must be provided to the north,
                              south and western boundaries within Lot 30.
                      b.      The 1m wide garden must consist of 45 litre pot size native trees planted at 1.5m
                              centres. Include 1 x 100 litre pot size tree to be planted in each of the following
                              locations:
                              i.       south east corner; and
                              ii.      half way along the southern boundary; and
                              iii.     to the west of the visitor car space where the lot dog legs.
                      c.      The plantings must grow to an average minimum height of 10m and be suitable native
                              species for the urban surroundings such as Syzygium, Elaeocarpus, Acronychia.
                      d.      All landscape works must be established and maintained in accordance with the
                              approved design for the life of the development, and in a manner that ensures healthy,
                              sustained and vigorous plant growth. All plant material must be allowed to grow to full
                              form and be refurbished when its life expectancy is reached.
                      e.      Landscape works must be completed prior to the commencement of the use of Lot 30.
               40.    The Fig tree, Umbrella, Exotic and Palm trees as shown on Plan No. 18-4767AA prepared
                      by Max Watterson & Associates may be removed within the lot as part of preparing the site
                      for construction.
               41.    Any vegetation 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;


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                      c.      restricting stockpiling, storage and vehicle parking to those areas which are already
                              cleared; and
                      d.      using low impact construction techniques around vegetation.
                      Privacy
               42.    The level 1 and level 2 operable timber privacy screens when fully extended must not cover
                      more than 50% of each of the balconies. The privacy screens on Level 3 must be a minimum
                      height of 1.7m above the FFL.
               43.    The balcony located on Level 2 and the roof top terrace must include balustrading (set back
                      as shown on the approved plans), and fixed external screens (where appropriate), positioned
                      in such a way to obscure direct views into the habitable room windows or private open space
                      areas of the adjoining units.
                      Building Appearance
               44.    The building must be constructed to be generally in accordance with the material and colour
                      palette as shown on Plan no. SD.102, Issue P2 and prepared by Gerard Smith Design.
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     ADVISORY NOTES

                      Infrastructure Charges
               1.     All developments and/or changes to existing developments may require payment of
                      “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
                      made pursuant to the planning legislation and regulations current at the time of issue.
                      Equitable Access and Facilities
               2.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.
                      Sustainability
               3.     In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building
                      design for residential and commercial development. Council encourages the use of
                      sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems
                      (including the use of inverter/charges), water saving devices and rainwater harvesting. For
                      further information go to http://www.noosa.qld.gov.au/sustainable-homes
                      Demolition
               4.     The lodgement of security will attract a separate administration fee which must be paid at the
                      time of lodgement of the security.
                      Upon completion of the demolition works, the release of the security will be subject to the
                      following:
                             Satisfactory final site inspection by Council;
                             Confirmation that all relevant conditions have been met;
                             Receipt of the compliance certificate for the final stage of building work (e.g. Form 21
                              Final Inspection Certificate); and


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                                Receipt of the Form 4 (Notifiable Works Form).
               7.        PROPERTY NOTES

               Not applicable.
               8.        VARIATION APPROVAL DETAILS

               Not applicable.
               9.        FURTHER DEVELOPMENT PERMITS REQUIRED

               Development Permit for Building Work.
               10.       SUBMISSIONS

               Application – 51983.3225.14
               There were 16 properly made submissions about the application. In accordance with the Planning
               Act 2016, the name, address and electronic address of the principal submitter for each properly
               made submission is provided and attached.
               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,




               Lisa Pienaar
               Development Planner



               Enc:      Appeal Rights
                         Approved Plans/Documents

               cc.       Unitywater



               DECISION NOTICE HISTORY
                    Original Decision Notice – October 1983

                    Decision Notice – Change to existing approval - 15 June 2006 - with additional conditions

                    Decision Notice – Change to existing approval - 11 November 2014 - with additional conditions

                    Decision Notice – Change to existing approval - 12 October 2015 - with change to condition 2.

                    Decision Notice – Change to existing approval - 17 March 2016 - with change to condition 2.

                    Decision Notice – Change to existing approval - 12 May 2016 - with change to DA (redevelopment of Unit 15).- include additional
                     conditions 6-15.

                    Decision Notice – Change to existing approval - 29 March 2017 - with change to condition 2 (Unit 20).



                                                                                                                                Page 12 of 14
Document Set ID: 22058500
Version: 4, Version Date: 04/08/2022

Page 13

                  Decision Notice – Change to existing approval –5 April 2017 - with change to condition 2, in relation to a condition placed on 5 April
                   2017 approval incorrectly (Unit 13) and agree to remove condition 9 on 10 May 2017

                  Decision Notice – Change to existing approval –1 August 2017 - with change to condition 2 (Unit 20 & Unit 5)

                  Decision Notice - Minor – 51983.3225.11 – 27 April 2018 - with an amendment to condition 2 (Unit 21).

                  Decision Notice - Minor – 51983.3225.12 – 19 November 2020 - with an amendment to condition 2 (Unit 17), with additional
                   conditions 10-33.

                  Decision Notice - Minor – 51983.3225.13 – 4 March 2021 - with an amendment to condition 2 (Unit 19) & 18, admin amendments
                   to conditions 16, 17 & 18 with additional conditions 34, 35 & 36 (Unit 19)

                  Decision Notice – Other Change – 51983.3225.14 – 21 October 2021 – amend condition 1, include additional conditions 37-44;
                   amend existing condition 25; include an administrative amendment to existing conditions 12 & 13

                  Decision Notice – Minor – 51983.3225.15 – 1 August 2022; amend condition 1




                                                                                                                                    Page 13 of 14
Document Set ID: 22058500
Version: 4, Version Date: 04/08/2022

Page 14

                                                                              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 14 of 14
Document Set ID: 22058500
Version: 4, Version Date: 04/08/2022

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