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Decision Notice - Minor Change - 131999 982846 3 [As Published] · 131999.982846.3
Officer: Georgina Schramm
Direct Telephone: 07 5329 6569
Our Reference: 131999.982846.3
Your Reference: n/a
26 July 2023
Mr PC Butt & JM Carr
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 17 April 2023, 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: 131999.982846.3
Street address: 18 Arakoon Cresent, Sunshine Beach
Real property description: Lot 791 RP 48111
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 16 September 1999.
• Development Permit for Material Change of Use – Dwelling house in a Sand Dune Problem
Area.
In relation to the request to make a minor change to the existing approval, Council on 21 July 2023,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional condition 18.
3. CURRENCY PERIOD OF APPROVAL
Not Applicable.
4. ASSESSMENT MANAGER CONDITIONS
Building
1. Deleted.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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1.1 Deleted.
1.2 Deleted.
1.3 Deleted.
2. A contour survey of the subject site is to be carried out by a Licensed Surveyor and is to
be submitted to Council at the time of application for building approval. Such survey shall
set out the natural surface levels of the site and the position of buildings on the site.
3. A verification survey is to be undertaken on the building by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
maximum building height above natural surface, required by the provisions of the Town
Planning Scheme.
4. The developer shall prepare at his expense, a geotechnical report and is to submit the
report for appraisal by Council's nominated geotechnical consultant and for approval by the
Manager of Building. The report is to be accompanied by a fee of $1200 to cover the
reasonable assessment costs of the consultant and the Manager of Building. A
Development Permit for building works must not issue until the report is approved and any
relevant findings incorporated into the design of the building works to the satisfaction of the
relevant assessment manager.
5. Notwithstanding the provisions of Section 11 of the Building Act and Clause 17 of the
Standard Building Regulation, this building shall be required to comply fully with the
provisions of the Building Code of Australia as though it were a new building.
Engineering
6. As the site is located in a Sand Dune Problem area the design of all foundations (footings,
piles, or piers) shall be carried out by a qualified Professional Structural Engineer.
The foundation design shall be submitted to Council for approval by the Manager of Building
in conjunction with an application for a Development Permit for Building Works.
7. All excavations shall be adequately retained such that no batter extends over the boundary
alignment. Permeable retaining structures shall incorporate a membrane to allow water
migration but inhibit sand migration.
8. The removal of any existing vegetation is to be strictly limited to the proposed building
areas, and on completion of construction, dense, deep rooted vegetation cover using
approved species shall be established on any exposed soil in order to prevent any soil
movement or erosion.
9. A report by a Geotechnical Engineer on the suitability of the existing septic system shall be
submitted to Council for approval by the Manager of Building prior to the issue of a
Development Permit for Building Works, and if inadequate, upgrading of the existing system
will be required.
This site will ultimately be required to be connected to Council’s reticulated sewerage
system which is scheduled for construction within the foreseeable future. Any works carried
out under this permit should facilitate the future connection.
10. All on site stormwater including roof water is to be disposed of on site via a soakage pit and
in a manner that does not compromise the stability of the site. The soakage pit shall be
designed by a qualified Professional Hydraulic Engineer to cater for a Q100 storm, the
details of which are to be submitted to Council in conjunction with an application for a
Development Permit for Building Works.
11. 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.
12. Any person acting on this permit shall be responsible for the prevention of erosion and
sediment export from the site.
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Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, may be necessary.
A $1,000 site control bond is required to be lodged prior to issue of a Development Permit
for Building Work (Detached Dwelling), to ensure compliance with this condition. It will be
refunded following compliance with this condition and satisfactory completion of all works,
less any costs incurred by Council in effecting compliance with the condition.
Town Planning
13. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered 295/1-8 (Council/DP)
prepared by Gabriel & Elizabeth Poole Design Company and dated September 1999 and
as may be amended by these conditions.
Approved Plans - 19 May 2016 Additional Plans (retaining walls)
Plan No. Plan Name Date
Q17-304-01 Footing Plan & Structural Notes n/a
Q17-304-02 Details – Section A-A and footing n/a
Q17-304-03 Details – Section B-B n/a
14. 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.
15. 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.
16. This Development Permit for a material change of use of premises lapses if:-
16.1 the use or erection of a building or other structure associated with the use, has not
been commenced within four (4) years of the date of issue of the Development
Permit, unless application is made and approved by Council for an extension; or
16.2 the use of any premises pursuant to the Development Permit ceases.
17. Prior to the commencement of development, the developer must obtain a Development
Permit for building works.
Approved Plans – 21 July 2023 Additional Plans (lift)
18. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered 295/1-8 (Council/DP)
prepared by Gabriel & Elizabeth Poole Design Company and dated September 1999 and
as may be amended by these conditions.
Plan No. Plan Name Date
11 Proposed Site Plan, prepared by JMF Design 20 February 2023
12 Proposed Level 2 Floor Plan, prepared by JMF 20 February 2023
Design
13 Proposed Level 3 Floor Plan, prepared by JMF 20 February 2023
Design
16 Proposed Section, prepared by JMF Design 20 February 2023
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15 Proposed Section, prepared by JMF Design 20 February 2023
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Development Contributions
A letter outlining the estimate of contributions payable under the current Planning Scheme Policies
will be forwarded by Council's Infrastructure Charges Officer under separate cover.
Please contact Council's Infrastructure Charges Officer at least 3 days prior to payment for issue
of a payment advice (which is to accompany the payment).
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All Building Works
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
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,
Georgina Schramm
Development Planner
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Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 131999.982846 – 16 September 1999.
• Change to an Existing Approval – 131999.982846.1 – 19 May 2016, delete conditions 1, 1.1, 1.2 & 1.3 and with an amendment
to condition 13.
• Decision Notice – Minor – 131999.982846.2 – 18 May 2018, with an amendment to condition 13.
• Decision Notice - Minor - 131999.982846.3 21 July 2023, add additional condition 18.
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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.
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Version: 4, Version Date: 26/07/2023
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