Minor Change Existing Approval MCU18 0206.02 · MCU18/0206.02

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU18/0206.02
Your Reference:	n.a
24 August 2021
AJ Kerr & DD Kerr
C/- Brentwood Building Pty Ltd
PO Box 1026
MOOLOOLABA  QLD  4557
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 21 June 2021, requesting a minor change to an existing development approval. Council on 23 August 2021, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0206.02
Street address:	49 Seaview Tce Sunshine Beach Qld 4567
Real property description:	Lot 88 RP 81810
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 13 March 2019
Development Permit for Material Change of Use of Premises – Detached House
In relation to the request to make a minor change to the existing approval, Council on 23 August 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 3
currency period of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
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
187676-01-01		Detail Survey Plan, prepared by CadCon	22/08/2018
19-013 Sheet 02 of 11	C	Site Plan, prepared by magica buliding design As annotated by Council	05/12/19
19-013 Sheet 03 of 11	C	Ground Floor Plan, prepared by magica buliding design	05/12/19
19-013 Sheet 04 of 11	C	First Floor Plan, prepared by magica buliding design	05/12/19
19-013 Sheet 05 of 11	C	Roof Plan, prepared by magica buliding design	05/12/19
19-013 Sheet 06 of 11	C	Elevations, prepared by magica buliding design	05/12/19
19-013 Sheet 07 of 11	C	Elevations, prepared by magica buliding design	05/12/19
19-013 Sheet 08 of 11	C	Section, prepared by magica buliding design	05/12/19
19-013 Sheet 09 of 11	C	Section, prepared by magica buliding design	05/12/19
19-013 Sheet 10 of 11	C	Sections, prepared by magica buliding design	05/12/19
19-013 Sheet 19 of 11	C	Minor 8.0m Height Limit Encroachment, prepared by magica buliding design	05/12/19
Building Height
The maximum height of the development must not exceed 8 metres above natural ground level, except for the small portion of the glass balustrade on the Observation Deck identified on approved plan Minor 8.0m Height Limit Encroachment, prepared by Magica Building Design and dated 05.12.19, which must not exceed 8.4m above the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Roof Terrace
The roof terrace must not be roofed or enclosed.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to arranging the pre-start meeting. 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Existing trees, including the existing garden (identified on the approved Detail Survey Plan) along the southern, eastern and western boundaries on the site and within road reserves must be retained, except for the trees identified for removal marked on the Site Plan 19-013 Sheet 02 of 11.
The cottonwood cluster to the north side of the existing and proposed driveway must be replaced with landscaping, turf and 2 street trees of an appropriate species. Landscaping must also be provided along the eastern boundary for the full length of the vehicle turn around area, as annotated on Site Plan 19-013 Sheet 02 of 11. The works must be undertaken in accordance with an Operational Works approval.
Trees and gardens to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Site Access and Driveways
A sealed access driveway must be provided from Seaview Terrace to all parking areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with Council’s Standard Drawings RS-049 and RS-050 together with any addendums
a longitudinal section extending from the centreline of the existing formation in Seaview Terrace to the garage floor. The section must demonstrate that vehicles will not scrape or bottom out when entering and exiting the site
sufficient detail to demonstrate the extent of vegetation clearing for the works and required sight lines within the road reserve
sufficient detail to demonstrate the extent of earthworks within the road reserve
Please note that Council is unlikely to support retaining walls in the road reserve
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. Stormwater runoff from the development must be collected on site and discharged into the existing kerb and channel in Seaview Terrace
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
A Geotechnical Engineer or similar qualified expert* must assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or land, and make recommendations on the type of foundation system(s) and construction methods best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development
*(Refer to Advisory Note)
Upon completion of the development certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in the Geotechnical Report for the development and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
All earthworks, batters, retaining walls, foundations and anchors (both above ground level and below ground level) must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Sustainability
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
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology
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.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Driveway, crossover and landscaping
Development Permit for Building Works	All building work
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,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 13 March 2019.
Decision Notice - Minor MCU18/0206.01 – 19 December 2019 with an amendment to conditions 2, 8 and 9
Decision Notice – Minor – MCU18/0206.02 – 23 August 2021; with an amendment to condition 3

	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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