Minor Change Existing Approval 132002.220125.2

Officer: 	Nadine Gorton
Direct Telephone: 	07 53296215
Our Reference:	132002.220125.2
Your Reference:	n/a
12 May 2022
MM Pilon
14 Thurloo Dr
SAFETY BEACH QLD  3931
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 24 March 2022, requesting a minor change to an existing development approval. Council on 11 May 2022 decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132002.220125.2
Street address:	2/22 Elizabeth St Noosaville Qld 4566
Real property description:	Lot 2 SP 151420
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 5 June 2002
Development Permit for Material Change of Use of Premises – Duplex Dwelling
In relation to the request to make a minor change to the existing approval, Council on 11 May 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Renumber Additional Conditions 1 - 5 to 30 – 34
Delete Additional Condition 32 (previously Additional Condition 3)
Amend Additional Condition 33 (previously Additional Condition 4)
currency period of approval
The currency period for this development approval is stated in the conditions below.

assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 0315 WO 01 B Sheet 1-2 titled Site & Ground Floor Plans and Perspectives; and 0315 WO 03 A Perspectives, prepared by Peter- Hull Architects dated July 2003, and as may be amended by these conditions.
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.
Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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.
This Development Permit for a material change of use of premises lapses if:-
4.1	the use or erection of a building or other structure associated with the use, has not been commenced by 5 June, 2006, unless application is made and approved by Council for an extension; or	·
4.2	the use of any premises pursuant to the Development Permit ceases.
Landscaping on the site shall incorporate the planting of at least 20 native species (in particular eucalyptus species) which are endemic to the local area.
Land Development
Prior to undertaking any excavation, the person acting on this permit shall contact public utility service providers to ascertain the location of their underground services.
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work. The application may combine any or all of these classes of work:-
7.1	Site Civil Works
7.2	Access and carparking
7.3	Stormwater Drainage
7.4	Frontage works
7.5	Site Filling
7.6	Sediment and Erosion Control
7.7	Landscaping
The Applicant shall sign a written undertaking to be responsible for the full cost of repairs to road pavement, footpath, kerb and gutter, or other Council property and facilities damaged as a result of construction of the proposed development.
The carparking / manoeuvring area shall be drained and the sealed pavement constructed to access road standards. Plans and specifications for these works shall be submitted in conjunction with an application for a Development Permit for Operational Works.
Stormwater Upgrade Contributions shall be paid to Council in accordance with the Noosaville Master Drainage Plan. Contributions at the rates applicable at the time of payment. An estimate only of the contribution rates as of December 2001 under the current policies is as follows:
Stormwater	$2826
The Stormwater upgrade contributions shall be paid prior to the issue of a Development Permit for Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the stormwater upgrade contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP 28 and PSP 30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment. An estimate only of the contribution rates as of March 2003 under the current policies is as follows:-
Water Supply $3011
Sewerage 	    $3008
TOTAL	    $6019
All headworks contributions shall be paid prior to the issue of a Development Permit for Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.
A new 1.2 metre wide concrete footpath to Council's design standards shall be constructed across the full frontage of the site.
A Development Permit for Operational Works shall be obtained prior to the commencement of any works. Footpath and property alignment levels maybe obtained from the Works Inspector-Development upon request. The footpath is to be constructed taking care to protect any significant vegetation and underground services.
A 3.5m wide vehicular access from the Elizabeth Street frontage of the site is to be constructed to Council's design standards. A Development Permit for Operational Works shall be obtained prior to the commencement of any works.
All redundant vehicular crossings to the site shall be removed and replaced by kerb and channel and footpath paving in accordance with Council's Standard specifications prior to commencement of the use permitted by this permit.
A registered practicing Geotechnical Engineer shall test the existing ground conditions for suitability of placing additional fill, prior to such fill being placed.
Filling works shall be restricted to the subject site itself, and is the finished fill levels are to taper to the existing levels prior to the rear of the property. Batters shall be at a maximum grade of 1:4 unless retained by a wall.
Floor levels for the development are defined within the Planning Scheme. Fill levels will be provided on application to Council's Works Directorate. The filling works on the site, they shall be carried out in accordance with Section 3.8 of Council's "Engineering Design Standards" manual so as to not to cause the ponding of water on any adjoining lands or the blockage of or the interference with any natural watercourses. No earthworks or filling works are to be undertaken until issue of a Development Permit for Operational Works in respect of filling works.
Fill imported to the site may only be from a site licensed with the Environmental Protection Agency or from a site for which a Development Permit for Operational Works has been issued approving the export of fill.
To protect the environment against siltation/sediment export or soil erosion as a result of this development, an erosion and sediment control plan shall be submitted in conjunction with any Development Permit for Building Works. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. Prior to commencement of building works, all physical site control measures shall be installed, and the plan adhered to.
The site shall be connected to Council's Water Supply and Sewerage reticulation systems to the Water and Sewerage design guidelines.
Each water connection to the water reticulation system shall extend to the property boundary and be metered. Where multiple units including leased buildings are served by a single service, multiple water meters to each individual unit or leased building shall be installed. All fees for the supply of water meters shall be paid to the Council.
Any alteration of a public utility or other facility necessitated by the development of the land or associated construction works either internal or external to the site shall be at no cost to Council.
Roof and surface water is to be collected on site and is to be discharged to Elizabeth Street kerb & channel system.
The maximum discharge of stormwater drainage allowable to Council's street gutter at any one location is 25 litres/second.
All site drainage shall be by means of gravity systems.
Environmental Health
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
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, dust or odour nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
Air conditioning units shall be located in a manner which prevents noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
An occupier of premises at of for which there is air-conditioning equipment must not use or allow the use of the equipment -
from 7am to 10pm on any day if it makes noise or causes noise to be made of more than 50 dB(A); or
before 7am or after 10pm on any day if it makes noise or causes noise to be made	of more than the higher of the following -
40 dB(A);
5 dB{A) above the background noise level
Maximum penalty - 20 penalty units.
Building Services
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the minimum required floor level and the maximum building height above natural surface, required by the provisions of the Planning Scheme.
ADDITIONAL CONDITIONS (4 September 2003)
Land Use
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.
The landscaping plans are amended to include the following additional plantings:-
31.1	3 x Callistemon salignus plantings (a minimum pot size of 45 Litres) are to be provided. These are to be located as follows:	·
31.1.1	1 x Callistemon salignus to be located within the north-eastern road reserve area;
31.1.2	2 x Callistemon salignus to replace 2 x Dietes bicolour located either side of the driveway, within the six metre landscape setback.
31.2	The site is to be landscaped in accordance with Council's Policy on Landscaping Guidelines and the approved Plan of Development.
ADDITIONAL CONDITIONS 4 September 2003 and AMENDED 11 May 2022
Land Development
Deleted
A minimum of 4 covered carpark spaces shall be provided on site. Carpark spaces shall comply with AS 2890.1-1993 and be in accordance with Plan 1303SK01A drawn March 2013 by Peter Hull Architect as amended.
ADDITIONAL CONDITIONS (4 September 2003)
Building Services
The plans submitted for a Development Permit for building works are to comply with the approved plans and the following requirements:-
34.1	swimming pools shall be constructed at a height not exceeding 1 metre above natural surface level;
34.2	the maximum height of garages within 1.5 metres of the side boundaries shall not exceed 4.5 metres above natural ground level;
34.3	the mean height of garages within 1.5 metres of the side boundaries shall not exceed 3.5 metres above natural ground level;
34.4	retaining walls required at the side boundaries shall be so designed and constructed as to avoid any adverse effects upon adjoining properties
referral agencies
Not Applicable
advisory notes
Not applicable.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Not Applicable
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,

Nadine Gorton
Development Planner

Enc:	Referral Agency Response
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 5 June 2022.
Decision Notice - Minor  - 132002.220125.01; with an amendment to conditions – 1 and 11 and additional conditions
Decision Notice – Minor – 132002.220125.02 – renumber Additional Conditions 1-5 to 30-34; delete condition 32; amend condition 33 (from Additional Conditions)

	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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