Minor Change Existing Approval 51997.2373.01

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	51997.2373.01  : JELDER
Your Reference:	20200335
21 April 2021
M Cudlipp
C/- Adapt Planning
PO Box 7618
SIPPY DOWNS  QLD  4556
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 18 December 2020, 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:	51997.2373.01
Street address:	1/40 Alderly Tce Noosa Heads Qld 4567
Real property description:	Lot 1 SP 110326
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 2 March 1998 – 12495 TC
Town Planning Consent Permit – Duplex dwelling
In relation to the request to make a minor change to the existing approval, Council on 14 April 2021, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Include additional conditions 22, 23, 24 & 25
C.	Agree to delete Condition 1
D.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.
currency period of approval
Not applicable.

assessment manager conditions
To be read in conjunction with Town Planning Consent Permit 12495 TC.
Additional conditions – 14 April 2021
Approved Plans
22.	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.
Plan No.	Rev.	Plan/Document Name	Date
SD202	SD02	Proposed Ground Floor Plan, prepared by Robinson Architects	29/3/21
SD203	SD01	Proposed First Floor Plan, prepared by Robinson Architects	29/3/21
SD310	SD01	Elevation, prepared by Robinson Architects	29/3/21
SD311	SD01	Elevation, prepared by Robinson Architects	29/3/21
SD602	SD02	Proposed Pool Terrace, prepared by Robinson Architects	29/3/21
SD1000	SD01	3D Concept View, prepared by Robinson Architects	29/3/21
SD1001	SD01	3D Concept View, prepared by Robinson Architects	29/3/21
SD1002	SD01	3D Concept View, prepared by Robinson Architects	29/3/21
23.	Plot ratio of the development must not exceed 0.45:1 (326.7m² GFA).
24.	All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like except where required to satisfy any privacy condition of this Decision Notice.
25.	New balconies 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 properties.
referral agencies
Not applicable.
advisory notes
Infrastructure Charges
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.
property notes
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 2 March 1998
Decision Notice - Minor 51997.2373.01 – 14 April 2021- with additional conditions 22, 23, 24 & 25 and delete condition 1.

	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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Rowena Skinner (07) 54495228

‘TOWN PLANNING CONSENT PERMIT

 

NO: 12495 TC

DATE OF ISSUE: 2 March 1998

LAND: 40 Alderley ‘Terrace Noosa Heads,
described as Lot 4 on RP 82357 Parish of
Weyba

AREA OF LAND: To6m*

USE OF LAND AT THE TIME,

OF APPLICATION: Dwelling house

USE APPROVED IN THIS

PERMIT: Duplex dwelling

CONDITIONS:

Building

1 Deleted

2. Construction work and other associated activities are permitted only during the hours of
7.00 am. to 6.00 pm. Monday to Saturday. No work is permitted on public holidays,
except where extended hours are approved by the Building Surveyor.

3, Plans submitted at time of building application are to show fire separation between
dwellings in compliance with the Building Code of Australia

Pg permit 12495. doe


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‘Town Planning Consent Permit - 12495 TC Page 2

Engineering

4

Provision of atleast three off-street car parking spaces, comprising two covered spaces and
‘one uncovered space, and access thereto which are to be provided witha sealed pavement
and designed, drained, constructed and maintained in accordance with the Planning Scheme
AS2890.1 1993 edition, Council's Policies and to the reasonable satisfaction of the Shire
Engineer. Plans and specifications for these works are to be submitted to the Shire
Engineer for approval in conjunction with the Building Application. Building Approval
shall not be granted until the Shire Engineer has approved of the earparking and access
scheme,

Roof and surface water is to be collected on site and is to be discharged through @ single
underground drain line into existing drainage in Alderly Terrace to the satisfaction of the
Shire Engineer. A Building Approval shall not be granted until the Shire Engineer has
approved of the drainage scheme,

The developer shall bear the cost of alteration of any public utility or other facilities
necessitated by the development ofthe land or associated construction works extemal to the
site

Connection to Council's existing water supply and sewerage reticulation systems at the
«developer's expense to the standards and requirements of Council's Shire Engineer.

‘The developer shall provide metered water connections from the water supply system to the
proposed development, in accordance with Councils standards and tothe satisfaction of the
Shire Engineer,

‘The footpath across the frontage ofthe site isto be upgraded by the provision of a conerete
footpath, and the forming, grassing and topsoiling of the remaining ares to the standards
and requirements of the Shire Engineer. In this regard the applicants will be required to
demolish the existing stone retaining wall located on the road reserve, ‘The applicants will
be required to submit a detailed plan of proposed footpath works with the building
application. The building application shall not be approved until the Shire Engineer has
Approved the proposed footpath works. Should construction of a new retaining wall be
required, Council would encourage it being constructed in stone to suit the amenity of the

Payment of contributions in accordance with Councils Policy on Water Supply and
Sewerage Headworks. An estimate only of the charges as at September 1997 under the
‘current poliey is as follows:-

Water Supply $3,485

Sewerage - $3,116

TOTAL: 86,601

sipermits2495¢ doe


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‘Town Planning Consent Permit - 12495 TC Page 3

Please note thatthe headworks charges will alter in accordance with Price Index variations
or if any amendment is made to Couneil's policy

Headworks contributions shall be calculated and paid in accordance with either of the
following alternatives:

10.1 Payment to be made prior to the issue of a Building Approval in the amount
calculated under the Policy at that date or

10.2 Payment may be deferred to a date:-
10.2.1 prior to Council sealing plans ofthe development for titling purposes:

102.2 prior to the issue of a Certificate of Classification for any building
Approved under this application: or

102.3 prior to commencement of the approved use atthe relevant premises

Whichever is the sooner. Payment of deferred headworks contributions shall also be
subject to the following requirements:

102.4 Submission of a trading bank guarantee to the value of headworks
assessed at the time prescribed by the Local Government (Planning. and
Environment) Act 1990, plus 20%, prior to Building Approval;

10.2.5 Headworks shall be calculated as the value of headworks assessed at the
time prescribed by the Local Government (Planning and Environment)
Act 1990, plus interest charged at the rate set by the Queensland
Treasury Corporation for Local Government borrowing’s as they apply
to Noosa Shire. The interest rate used shall be the rate curtent at the
ime prescribed" above:

 

10.2.6 Should the contributions not be paid at the due time, Council shall all
‘upon the security lodged; and

10.2.7 in the case of a building permit, if'a permit expires the securities held
will be returned

‘The applicants shall be responsible forthe control of erosion and sediment export from the

Site control measures such as silt Fencing, controlled gravel access to the site and controlled
isposal of wast, will be nevessary. The applicants shall be required to submit an erosion
tnd sediment control plan with the Building Application. This plan is to be approved by
the Development Engineer, prior tothe issue ofthe building approval

elpermitsil2095¢ oe


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‘Town Planning Consent Permit - 12495 TC Page 4

2.

Payment ofa contribution to Couneil in accordance with Council's Policy on Beach Access
Conttibutions, prior to the issue of Building Approval. Such payment shall be in
accordance with the contribution rate adapted by Council and cutrent at the time of
payment. An estimate only of the contribution atthe date of this decision is $65 per unit,

‘The developer is to observe the 9 tonne load limit which isin place over the whole of Park.
Road,

Health

14

Provision of an imperviously paved area upon which to stand all refuse and reeyeling
containers together with a suitable enclosure, if required, to enclose the refuse container
area tothe satisfaction of the Environmental Health Office,

Any flat or unit intended to be let out for fee or reward is to be licensed annually with
Council's Health Department in accordance with the provisions of Chapter 43 of Couneil’s
By-Laws prior to such letting.

Town Planning

16.

V0.

‘There isto be no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive nose, lighting nuisance or other emissions.

‘The open space and setback areas are to be landscaped in accordance with Council's Policy
oon Landscaping Guidelines and a properly prepared landscape plan to be submitted to and
approved by the Manager of Planning, prior to the issue of a Building Approval. Such
landscaping is to be completed in accordance with the approved landscape plan, prior to the
premises being occupied and maintained at all times theteafter to the reasonable
satisfaction of the Manager of Planning,

‘No clearing isto take place until the landscaping plans are approved,

‘The applicant is to submit a plan of existing trees on site including their location, species
and height details prior o the issue of the Building Permit. Existing trees on the site and
within road reserves are to be retained, excopt where required to be removed due to
building operations or the conduct ofthe approved use. Any trees requiring removal due to
building work shall be clearly matked

Submission of security in the form of a cash bond or trading bank guarantee to the sum of
{$2000 to secure performance of conditions, prior to the issue of Building Approval. The
cash bond or trading bank guarantee will be tured upon performance of the conditions of
approval.

 

‘The security required, must be lodged within «wo (2) years of the date of Council's
ecisionthe Court's Order. Alternatively, a written request may be made prior to this date,
seeking an extension of the two (2) year lodgement period. If neither ofthe above actions
hhave been undertaken within two (2) years of Council's decision, then the decision in
respect ofthis application is void and ceases to have effet.

 

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‘Town Planning Consent Permit - 12495 TC Page 5

20. ‘The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local
Government (Planning and Environment) Act if commencement of erection ot works have
not been made in accordance with that Permit or the rights eonferred by that Permit are not
exercised within two (2) years of the date of issue ofthe Permit,

21. The Town Planning Consent Permit lapses where:-
21.1 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 Town Planning
Consent Permit, unless application is made and approved by Council for an
extension; or

21.2. the use of any premises pursuant to the Town Planning Consent Permit ceases for a
period of twelve (12) months.

sipermistL2495 doc


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ee) NOOSA COUNCIL