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Minor Change Existing Approval 132001.210140.2 (As Published)

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                                                                                  Officer:            Matthew Pinese
                                                                                  Direct Telephone:   07 5329 5245
                                                                                  Our Reference:      132001.210140.2
                                                                                  Your Reference:     24-304

               7 May 2025


               RW Fiddis
               C/- Plan A Town Planning Pty Ltd
               PO Box 1661
               MILTON QLD 4064
               [email protected]



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

               I refer to your application received on 6 January 2025, 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:              132001.210140.2

                   Street address:              Noosa Dunes 9/512 David Low Way, Castaways Beach Qld 4567

                   Real property description:   Lot 9 SP 111721

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 12 July 2001:
               •       Development Permit for Material Change of Use (Dwelling in a Sand Dune Problem Area)
               •       Development Permit for Operational Works (Landscaping)
               In relation to the request to make a minor change to the existing approval, Council on 2 May 2025,
               decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change.
               B.      Amend condition 11.
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is 4 years starting the day that the original
               development approval (132001.210140) took effect.




               ABN 97.969.214.121                                                             PO Box 141
               noosa.qld.gov.au                                                        Tewantin QLD 4565
               [email protected]                                                        07 5329 6500
                                                                                                         Page 1 of 6
Document Set ID: 23719821
Version: 4, Version Date: 07/05/2025
Full text of the other 5 pages

Page 2

               4.     ASSESSMENT MANAGER CONDITIONS

               MATERIAL CHANGE OF USE
                      Building
               1.     The Geotechnical report submitted as part of your application has been appraised and
                      approved subject to the following conditions:-
                      1.1     There is to be no uncontrolled discharge of water onto the slope;
                      1.2     Stripping of vegetation for construction purposes should be minimised. If vegetation is
                              destroyed it should be reinstated immediately after construction is completed;
                      1.3     The use of vibratory equipment of any kind is not permitted to be used, including
                              vibrating rollers, the use of vibrating installation techniques for sheet piling and other
                              construction vibrations caused by excavating, earthmoving or demolition machinery or
                              other similar construction techniques.
                      Land Development
               2.     Prior to occupation of the proposed dwelling, 2 off street car parking spaces with a sealed
                      access complying with AS2890.1 - 1993 shall be provided.
               3.     A vehicular access from the Marcus Dune Ct frontage of the site is to be constructed to
                      Council’s design standards.
               4.     The site is located in a Sand Dune Problem Area and will require appropriate soil testing by
                      a Geotechnical Engineer and design of a soil retaining system by a structural engineer.
               5.     The proposed dwelling, building work or any construction shall not encroach into any areas
                      depicted as ‘Natural vegetation in lots to remain untouched’ in the Plan of Development for
                      this estate, excluding works shown on the approved Landscape Plans LP01 and LP02 (Rev
                      C) prepared by North Coast Environmental Services, dated 20 April 2021. Care shall be
                      taken when excavating that earthworks batters do not extend into these areas nor extend
                      over the boundary alignment at any other location.
               6.     All stormwater from roofs and impervious surfaces is to be collected and disposed of on site
                      via an infiltration pit in accordance with the geotechnical report. The pit shall be designed
                      and certified by a qualified Hydraulic Engineer. Design details shall be submitted in
                      conjunction with an application for a Development Permit for Operational Works (Drainage).
               7.     The 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.
               8.     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.
               9.     Any alterations to the existing retaining wall along the frontage of the lot are to be designed
                      and certified by a Civil/Structural engineer; details are to be submitted in conjunction with an
                      application for a Development Permit- Building Works.
               10.    A Development Permit for Operational Works for drainage and access shall be obtained prior
                      to commencement of construction. Plans shall also indicate any proposed retaining
                      structures associated with access.
                      Land Use
               11.    Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.




                                                                                                          Page 2 of 6
Document Set ID: 23719821
Version: 4, Version Date: 07/05/2025

Page 3

                        Plan No.       Rev.   Plan/Document Name                                  Date

                        327 fiddis      A     Site Plan, prepared by Maddock                      20.02.2025
                        sk_001

                        327 fiddis      A     Ground Floor Plan, prepared by Maddock              20.02.2025
                        sk_100

                        327 fiddis      A     First Floor Plan, prepared by Maddock               20.02.2025
                        sk_101

                        327 fiddis      A     Second Floor Plan, prepared by Maddock              20.02.2025
                        sk_102

                        327 fiddis      A     Elevations and Sections, prepared by Maddock        20.02.2025
                        sk_160

               12.    The stairs and deck provided along the southern elevation of the building are not to encroach
                      beyond the building envelope.
               13.    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.
               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.    This Development Permit for a material change of use of premises lapses if:-
                      15.1 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
                      15.2 the use of any premises pursuant to the Development Permit ceases.
               16.    The developer must obtain all of the other Development Permits referred to in the Decision
                      Notice, prior to obtaining a Development Permit for building works.
               OPERATIONAL WORKS
               Landscaping
               1.     The site is to be landscaped in accordance with Council’s Planning Scheme Policy PSP2 –
                      Landscaping and the approved Landscape Plans LP01 and LP02 (Rev C) prepared by North
                      Coast Environmental Services, dated 20 April 2021.
                      1.1     The stairs and deck provided along the southern elevation of the building are not to
                              encroach beyond the building envelope.
                      1.2     Landscaping is to be completed prior to the premises being occupied and maintained
                              at all times thereafter.
               2.     All manholes, inspection pits and grates are to be raised to finished surface levels and kept
                      free of cover and be visible at all times to ensure prompt access in case of emergency.
               REFERENCE DOCUMENTS

                Plan No.               Rev.   Plan/Document Name                                  Date

                LP01 and LP02            C    Landscape Plans prepared by North Coast 20.04/2021
                                              Environmental Services




                                                                                                      Page 3 of 6
Document Set ID: 23719821
Version: 4, Version Date: 07/05/2025

Page 4

               5.     REFERRAL AGENCIES

               Not Applicable.
               6.     ADVISORY NOTES

                      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
                      Nature and Extent of Approved Development
               4.     This Minor Change approval (132001.210140.01) relates to proposed minor building work
                      and landscaping works as depicted on the approved Landscape Plans LP01 and LP02 (Rev
                      C) prepared by North Coast Environmental Services, dated 20 April 2021 only. No other
                      works are approved as part of this approval.
               7.     PROPERTY NOTES

               Not Applicable.
               8.     VARIATION APPROVAL DETAILS

               Not Appliable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required               Subject of the required Development Permit

                Development Permit for Building Works             All building work.

               10.    SUBMISSIONS

               Not Appliable.
               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 online at
               www.noosa.qld.gov.au or at Council Offices.


               Yours faithfully,




               Matt Pinese
               Development Planner
               Enc:
                      Appeal Rights
                      Approved Plans/Documents




                                                                                                        Page 4 of 6
Document Set ID: 23719821
Version: 4, Version Date: 07/05/2025

Page 5

               DECISION NOTICE HISTORY
               •   Original Decision Notice – 132001.210140 – 12 July 2001.
               •   Decision Notice – Minor Change 132001.210140.1 – 30 April 2021
                   – Amend conditions 5 & 11 in MCU and condition 1 in
                   Landscaping.

               •   Decision Notice – Minor Change 132001.210140.2 – 7 May 2025
                   – Amend condition 11.




                                                                                    Page 5 of 6
Document Set ID: 23719821
Version: 4, Version Date: 07/05/2025

Page 6

                                                                              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 6 of 6
Document Set ID: 23719821
Version: 4, Version Date: 07/05/2025

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