Minor Change Existing Approval 131999.982846.2

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	131999.982846.2 : JELDER
Your Reference:	20180106
23 May 2018
Mr JR Jameson
C/- Pacific BCQ
PO Box 1901
NOOSAVILLE BC  QLD  4566
[email protected]
Dear Sir,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 19 March 2018, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	131999.982846.2
Street address:	18 Arakoon Cres Sunshine Beach Qld 4567
Real property description:	Lot 791 RP 48111
Planning Scheme:	The Noosa Plan (27 November 2017)
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 18 May 2018, decided to approve the requested changes (retaining walls). The changes are detailed below.
Approve the change; and
Amend existing Condition 13.
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval 131999.982846 took effect.
assessment manager conditions
Building
Deleted.
Deleted.
Deleted.
Deleted.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
Any person acting on this permit shall be responsible for the prevention of erosion and sediment export from the site.
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
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
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.
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.
This Development Permit for a material change of use of premises lapses if:-
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
the use of any premises pursuant to the Development Permit ceases.
Prior to the commencement of development, the developer must obtain a Development Permit for building works.
referral agencies
No applicable.
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
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).
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Building Works Development Permit required – Dwelling house
submissions
Not applicable.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Lisa Pienaar
Development Planner

Enc:	Referral Agency Response
Appeal Rights
Infrastructure Charge Notice
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 Conditions 13.
Decision Notice - Minor - 131999.982846.2- 18 May 2018 with an amendment to Condition 13.

	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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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL