Minor Change Existing Approval 132003.221152.8

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	132003.221152.8
Your Reference:	n/a
12 January 2023
Mr GJ Woolley
C/- Bartho and Son
PO Box 670
COOLUM  QLD  4573
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 8 November 2022, 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:	132003.221152.8
Street address:	12 Park Rd Noosa Heads Qld 4567
Real property description:	Lot 54 RP 52918
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 12 August 2004
Development Permit for Material Change of Use of Premises  - Dwelling House
In relation to the request to make a minor change to the existing approval, Council on 11 January 2023, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 5
Include additional conditions 62 & 63
currency period of approval
The currency period for this development approval is stated in the conditions below.

assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered WD 04.01, WD 04.02, WD 04.03, WD 02.02, and WD 02.01 prepared by Design Inc Brisbane and dated 02/05/07 showing Job No. 81205.B07 and as may be amended by these conditions.
The use and all activity on the site, including construction and excavation, is to be carefully controlled and interference with vegetation kept to an absolute minimum to ensure that the proposed use does not undermine or compromise the Noosa Hill Development Control Plan and the Strategic Plan objective of preserving the natural character and appearance of Noosa Hill.  The approval is to be implemented with this objective as the overriding factor.
All roofing of the structures on site are to be of a non-reflective nature and coloured with muted earth tones.  All structures are to use colours that integrate with the natural environment and be of muted earth tones of browns, greens, ochres, greys etc generally in accordance with Drawing No. DD04.01_2 B, DD04.03_2 B, DD04.04_2 B, DD04.02_2 B dated 2 April 2004.
The glass provided along the western elevation of the dwelling house is to be angled downwards towards the slope of the site so as not to be reflective.  Non reflective glass shall also be utilised for the development.
The maximum gross floor area for all buildings and structures on the subject site is to be 213m2.
The proposed pool is not approved under this application.
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.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan is to be prepared and submitted for approval. The landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.  The landscape plan is to clearly indicate:-
the retention of vegetation in accordance with Drawing No. DD02.02 B, apart from tree 21, and dated 30 March 2004 and reinforcement planting of endemic species on the site. Tree 21 may be removed where the stump is retained, and a native 100-litre replacement tree is planted within close proximity.
the retention of all existing vegetation on the site outside of the approved building footprint; and
the proposed means of protecting trees to be retained, particularly during the construction process.
No fencing is permitted to be erected across the Park Road frontage of the site.
No pathway/accessway is permitted through the site to Park Road.
All external lighting is to be hooded and angled away from neighbouring properties.
Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational works. 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.
The requirements of this development approval are to be satisfied, prior to the commencement of 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.
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.
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 by 12 August 2008, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
Land Development
Vehicle Access
A vehicular access driveway to serve the site shall be constructed from Allambi Rise into the existing 4.0 metres wide easement (referred to as Easement A on RP 177551).
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming.  Should any driveways be constructed to grades that do not comply with AS2890.1-1993, Council will require that the driveway be removed and reconstructed to levels that do comply.
Carparking
A minimum of 2 covered carpark spaces shall be provided in tandem arrangement within the 4.0 metres wide easement (Easement A on RP 177551).  No vehicular or boat parking shall be allowed within the 6 metres setback.
Stormwater Drainage
The stormwater drainage disposal via a fusion welded polyethylene pipe shall be discharged into the existing kerb line in Park Road generally in accordance with Drawing no S-OW.02 Issue C dated October 2004 by Whaley Consulting Group.  Detailed engineering plans with supporting calculation prepared by a Registered Professional Engineer shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.  The depth of the excavation for trench shall not exceed 500mm, with a maximum width of 300mm and be on an alignment that ensures the damage to the existing vegetation and its root systems is kept to the absolute minimum.  The excavated trench for the pipeline shall be backfilled and stabilised immediately by the excavated materials from the site.  All excavation and backfilling works shall be carried out by hand and be supervised and certified by a geotechnical engineer.
Encroachment over a Private Easement
The applicant shall provide a legal document to allow the eave encroachment of the proposed house over easement B on RP 177551. Alternatively this encroachment shall be removed.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems over Lot 64 RP 52918 (No9 Allambi Rise) and be constructed in accordance with Council’s standards and requirements at no cost to Council.  Design plans showing the detail of the pumping system and any civil works and/or excavation work associated with it shall be submitted for Council approval and an Operational Works Permit shall be obtained for the proposed sewerage works.
Alternatively the site may be connected to the existing sewer main in Park Road generally in accordance with Drawing no S-OW.02 Issue C dated October 2004 by Whaley Consulting Group subject to the following requirements.
20.1	A new sewer main shall be constructed along the western boundary lines of Nos 10 and 12 Park Road (Lots 54 and 55 RP 52918) and connected to the existing sewer manhole (NH01/02/13) in Park Road at no cost to Council and to specifications and an alignment approved by Council’s Water Sewerage Capitol Works Manager,
20.2	The new sewer main shall be provided with connections to future dwelling on the adjoining properties at 10 and 14 Park Road and written permission shall be obtained from the owners of these properties if the new sewer main or any proposed sewer works are to be located within these properties.
20.3	The sewer connection between the dwelling on this property (No 12 Park Road) and the new sewer main shall be constructed of fusion welded polyethylene pipe with the excavated trench for the pipeline being backfilled and stabilised immediately by the excavated materials from the site. The depth of the excavation shall not exceed 500mm, with a maximum width of 300mm and be on an alignment that ensures the damage to the existing vegetation and its root systems is kept to the absolute minimum.  All excavation and backfilling works shall be carried out by hand and be supervised and certified by a geotechnical engineer.
20.3	The sewer connection and stormwater disposal shall be accommodated in a single trench to minimise disturbance on the site.
20.4	A Development Permit for Operational Works shall be required and all submitted plans shall be prepared by a Registered Professional Engineer Queensland and certified by a Geotechnical Engineer in relation to the impact of the works on the stability of the sand dune slope.
Town Water Supply
The site shall be connected to Council’s existing town water supply in Allambi Rise and be constructed in accordance with Council’s standards and requirements at no cost to Council. The new connection to the water reticulation system shall extend within the easement to the property boundary line of 9 Allambi Rise and be metered.
Geotechnical Issues/Construction
All construction works related to the proposed extension shall take into consideration the recommendations and findings of earlier geotechnical reports by Morrison Geotechnic regarding this site.
A registered consulting geotechnical engineer shall supervise the excavation and the foundation works of the proposed extension works and certifies the stability of the structure and the existing dwelling upon the completion of the extension works.  The excavation works shall only be carried out during dry weather conditions and if there is a risk of sand movement occurring, all work shall be suspended until such steps approved by the applicant’s Geotechnical engineer been taken to ensure that no further slippage will result. The certification of the completed works by the geotechnical engineer shall be submitted to Council to be placed on Council’s records.
The disposal of sand, soil or any materials created by the construction of the dwellings shall be removed in accordance with the approved Construction Management Plan.  Details of the method of this disposal of materials are to be submitted to Council at the Building Application stage.  Not more than one vehicle at a particular time will be parked in Park Road and/or Hasting Street for the removal of, or the delivery of, materials associated with the site and no such vehicle shall remain overnight.  No materials are permitted to be stored within the road reserve.
A Construction Management Plan detailing the method and process of construction shall be prepared by the builder in consultation with the applicant’s consulting engineer (Whaley Consulting Engineers) and presented to Council for approval prior to issuing Operational Works Permit.
A programme of works is to be submitted with any application for any Development Permit for Operational Works detailing the construction schedule and proposed environmental protection measures, which addresses stabilisation of disturbed areas and identifies any affected vegetation.
Where the program is changed for any reason whatsoever, a copy of the revised program shall be submitted to Council’s Works Inspector within seven (7) days.
A Traffic Management Plan for the Construction of the Dwelling addressing access to the site, the locating of equipment, carparking arrangements for workers on the site and any potential conflicts with local traffic shall be submitted and approved by Council prior to Development Permit for Operational Works. This report is to also address peak holiday periods with delivery of materials.
Prior to obtaining a Building Permit the builder shall submit written acknowledgment that building works shall proceed in accordance with the 9 tonne load limit applicable to Park Road, unless varied by Council and that all works will be carried out in accordance with the approved Construction Management Plan.
At the completion of construction the consulting geotechnical engineer will certify that all works were carried out in accordance with their recommendations and that all structures and the site are stable.  A copy of this certification shall be submitted to Council to be placed on Council records.
Existing Conditions Survey is to be carried out on adjoining buildings, structures and services prior to any construction works taking place on site. If distress already exists, a photographic survey shall be undertaken, the distress measured and a plan to monitor changes to distress shall be implemented. A copy of this report is to be submitted to Council within 5 business days of survey and prior to construction work proceeding.
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.
Environment Management Plan
An Environment Management Plan shall be prepared by the applicant’s consulting engineers (Whaley Consulting Engineers) in consultation with the builder and be made available for approval by Council prior to obtaining Operational Works Permit.  The purpose of the plan is to safeguard the environmental integrity particularly the sand dune surface and the tree canopy.  The plan shall also specify approximate time frame for completion of the construction works particularly in relation to length of time the tower crane will remain installed on site in this visually prominent location.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, straw bales, controlled gravel access to the site and controlled disposal of waste, as deemed necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
Contributions
Coastal Major Road Network Contributions of an amount of $2,442 in accordance with Planning Schedule Policy PSP42 shall be paid by the applicant prior to issuing a Development Permit for Operational Works.
Coastal Major Pathway Contributions of an amount of $238 in accordance with Planning Schedule Policy PSP41 shall be paid by the applicant prior to issuing a Development Permit for Operational Works.
General
Any damage caused to any public utility or roads caused by the construction of this development shall be repaired to Council’s standards and at no cost to Council.
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.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Building
A verification survey of the building is to be carried out 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 Planning Scheme.
The Geotechnical report submitted as part of your application has been appraised and approved subject to the following conditions:-
There is to be no uncontrolled discharge of water onto the slope;
Stripping of vegetation for construction purposes should be minimised.  If vegetation is destroyed it should be reinstated immediately after construction is completed;
Additional load due to fill, construction equipment or stockpiled materials should not be located on the dune slope;
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;
All construction works on site shall generally accord with the Building Construction Reports prepared by Whaley Consulting Group dated December 2002 subject to amendments required by condition 22, and 12 March 2004, together with the Morrison Geotechnic reports dated 1/9/00, 25/5/01 and 24/3/04, with further details of the proposed crane construction method submitted for approval with the application for Operational Works.  Particular attention shall be paid to the advice contained in Section 6 of the Morrison Geotechnic report of 24/3/04 in the event of changed site or construction conditions.
A condition survey is to be carried out of adjoining buildings, structures and services prior to any demolition works or construction works taking place on site.  If distress already exists, a photographic survey shall be undertaken, the distress measured and a plan to monitor changes to distress shall be implemented.  A copy of this report is to be submitted to Council within 5 business days of survey and prior to construction work proceeding;
Copies of all inspection reports by engineers are to be submitted to Council within 5 business days of the inspection taking place;
A RPEQ is to be engaged by the client to oversee the piling works and copies of all inspection reports are to be submitted to Council within 5 business days of the inspection taking place;
The applicant’s Geotechnical engineer will be required to be on site for the whole of the time during any excavation.  The construction of the whole of the foundations is to be supervised and directed on site by a consulting Geotechnical engineer.  No work of any such kind relating to the foundations shall be carried out if he is not on the site and supervising and directing this work.  Such works shall only be carried out during dry weather conditions and if there is a risk of sand movement occurring, all work shall be suspended until such steps, approved by the applicant’s Geotechnical engineer and the Council’s Building Surveyor, have been taken to ensure that no further slippage will result.
The builder, landscaper and all workers associated with construction of the works shall, at all times, comply with the directions of the consulting geotechnical engineer.
There shall be no direct access from the dwelling to the pool.  The pool shall be enclosed by an isolation fence complying with Section 12U of the Building Act.
The proposed tandem carport is not to discharge water onto any adjoining property.  All roof water is to be piped to the stormwater discharge system for the dwelling.
Deleted.
Prior to a Development Permit for Building Work being granted for the construction of the dwelling, the applicant shall provide Council with written indemnification against any future claims from the applicant/owner of Lot 54, his successors or assigns resulting from any future damage to the dwelling or other structures arising from their proximity to the trees that are required to be retained on the property as a condition of granting the MCU for this development.
Additional Condition (17/08/2006)
The stormwater disposal and sewer connection shall be undertaken in accordance with the Arborist’s Advice Report prepared by John Mullholland & Associates and dated March 2006 and the following requirements:
The route for the service trench shall be a minimum of 1.5 metres clear of all trees and shrubs, unless otherwise agreed to by the Manager, Land Use.
An arborist shall be on site all times supervising the works being undertaken.
Prior to commencing any works, the route for the service trench shall be pegged and inspected by Council.
Prior to excavation existing mulch/leaf cover material over proposed trench shall be raked back and stockpiled for covering of trench area after completion.
Works shall be undertaken in a progressive manner and route reinstated as works progress.
Uphill anchor roots of trees shall not be disturbed.
All works shall be carried out by hand excavation other then the sewer trench under existing road pavement.
All excavated material shall be placed on a ‘tarpaulin’ or the like laid immediately adjacent to the proposed trench.
Excavated material shall be used as bedding and backfilling of trench.
Where works disturb the understorey vegetation, rehabilitation works shall be undertaken to the reasonable satisfaction of Manager, Land Use.
Additional Land Development Conditions (27/09/07)
45.	“Prior to the commencement of the proposed building extensions, a registered geotechnical engineer shall certify the design and the construction methods of the foundations taking into consideration the depth and the details of the foundations of the existing house and identifying any necessary measures required to protect the stability of the house and the sand dune during the construction phase.”
46.	“The proposed extension works shall be carried out in a manner that does not impact on the existing trees and the vegetation cover.”

Additional Conditions (Deck and Terrace Area)
Development undertaken in accordance with this approval must comply with the following plans as amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
MB_12PR_30		Cover Sheet, prepared by Myles Baldwin Design	10/08/17
MB_12PR_31	H	Landscape Plan, prepared by Myles Baldwin Design	10/08/17
MB_12PR_32	H	Elevation/Section, prepared by Myles Baldwin Design	10/08/17
MB_12PR_36	E	Site Areas, prepared by Myles Baldwin Design	10/08/17
MB_12PR_37	H	Sewer Setback Detail, prepared by Myles Baldwin Design	10/08/17
MB_12PR_38	B	Existing Plants, prepared by Myles Baldwin Design	21/02/17
MB_12PR_40	I	Landscape Plan – Lower Ground Level, prepared by Myles Baldwin Design	10/08/17
MB_12PR_41	E	Lower Ground level Planting Plan, prepared by Myles Baldwin Design	10/08/17
MB_12PR_42	E	Lower Ground Level Structural Plan, prepared by Myles Baldwin Design	10/08/17
MB_12PR_43	A	Equipment Photos, prepared by Myles Baldwin Design	20/03/2017
MB_12PR_50	C	Tree Protection Plan, prepared by Myles Baldwin Design	10/08/17
The following amendments are required to the plans for the development and are to be submitted for approval prior to obtaining a development permit for operational work (landscaping):
MB_12PR_30 - Cover Sheet, the notes are to be updated to reflect the timber and steel support construction being proposed for the deck and terrace area. The blue line showing a pedestrian construction access is to be removed. The trees shown in red signifying they are to be removed from the road reserve are to be shown black signifying they are to be retained;
MB_12PR_31 - Landscape Plan, is to be amended with the trees shown in red signifying they are to be removed from the road reserve to be shown black signifying they are to be retained. The note referring to the temporary construction access and the associated blue line is to be removed;
c.	MB_12PR_38 - Existing Plants, the notes referring to the existing plants planted in the road reserve by the owner are to be removed. All trees shown in red signifying they are to be removed from the road reserve are to be shown black signifying they are to be retained;
d.	MB_12PR_40 - Landscape Plan-Lower Ground Level, the note referring to the temporary construction access and the associated blue line is to be removed;
e	MB_12PR_41 - Lower Ground Level Planting Plan, the note referring to the temporary construction access and the associated blue line is to be removed. All trees shown in red signifying they are to be removed from the road reserve are to be shown black signifying they are to be retained. The notes are to be removed and replaced with a note that states
-All work on the subject site is be undertaken strictly in accordance with the approved
Tree Protection Plan, Development Permit for Operational Works (Landscaping), Construction Management Plan and conditions of approval;
f	MB_12PR_42 - Lower Ground Level Structural Plan, the note referring to the temporary construction access and the associated blue line is to be removed. All trees shown in red signifying they are to be removed from the road reserve are to be shown black signifying they are to be retained;
g. 	MB_12PR_50 - Tree Protection Plan, the blue line which refers to the temporary construction access is to be removed from the plan.
The north western edge of the deck is to be located not less than 1m from the property boundary adjoining Park Road, and located not less than 2.6m from the north eastern boundary, and not less than 5.3m from the south western boundary, as shown on the approved plans of development.
The deck is to be designed so that all piers are located clear of the Tree Protection Zone (TPZ)   of the following trees 26, 87, 177 and 181, as shown on Drawing No. MB_12PR_50 - Tree Protection Plan. No works or access to the TPZ of these trees is permitted without approval from the Council or its arborist. Tree number 184, being Ficus macrophy/la has been removed and can be deleted from the approved plans, with any references to this tree deleted from the associated management plans referred to in the conditions.
The Appellant is to amend the Tree Protection Plan, Revision A, dated 11 August 2017 to address the following:
the location and size of any scaffolding that is to be erected for the construction of the deck in relation to the Tree Protection Zone  (TPZ);
details of the work required (if any) to be undertaken within the Tree Protection Zone (TPZ), having regard to the intent of the Tree Protection Plan, to prevent any damage being caused to the trees identified in the plan;
remove all reference to removal of trees. Reference to any works within the TPZ or access through a TPZ to be stated as only permitted in accordance with the prior approval of the Council  or  its arborist;
the TPZ shall be protected as per the requirements of AS 4970 -  2009, including the use  of fences to prevent entry into the TPZ, and composted mulches to minimise soil and root damage; and
the Tree Protection Plan is to outline the specific tree procedures (i.e. dimensional data, species and methods for protection and minimization of detrimental effects) to be compliant with AS 4970-2009. The document should contain the methodology for pile installation, grouting and capping processes.
The proposed deck and terrace area is to be constructed of light weight building elements including a timber decking system, 1m high balustrading with stainless steel wire infill, supported on a suspended steel structure, with the retaining walls being stone cladded, in accordance with the approved plans of development.
The 1m setback area and the area beneath the deck, shall be densely landscaped to screen the deck from view off site. The development is to be landscaped generally in accordance with Drawing No. MB_12PR_40 - Landscape Plan Lower Ground Level and Drawing No. MB_12PR_41 - Lower Ground Level Planting Plan. The applicant is required to obtain a development permit for operation works (landscaping) prior to the removal of any vegetation from the site area affected by the development.
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a development permit for operational work (landscaping). 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.
The works must comply with the terms of Easements A & B on RP 177551 located within the subject land and 9A Allambi Rise, Noosa Heads.
All construction access is to be obtained from Allambi Rise via the existing easement subject to the following exceptions:
a crane may be used for delivering prefabricated materials and the pier digging machine to the site. The use of the crane in Park Road is to occur on two (2) separate days only, first for the delivery of the pier digging machine and any prefabricated materials, the second to retrieve the pier digging machine and provide any further prefabricated materials as required;
traffic control is to be provided for the use of the crane in Park Road, in accordance with the Appellant's Traffic Management Plan, prepared by Evolution Traffic Control, Drawing No. 142510, Revision 00, dated 16 March 2017;
access from Park Road to the site is permitted for the purpose of a concrete pumping pipe to be located at the base of the rock retaining wall on the boundary of 10 Park Road, laid upon a composted wood chip mulch 600mm wide and 150mm thick. Any mulch contaminated by concrete or wastes shall be removed from the site. Any remaining clean mulch may be left in situ and spread to 50mm thickness; and
d,  	the Appellant is able to use the driveway at 10 Park Road for the removal of waste material from the site. All waste from the site is to be loaded into the vehicle parked in the driveway from within 10 Park Road and not by using the road reserve.
The works must be carried out in accordance with an approved Construction Management Plan for the development. The Construction Management Plan dated 141h August 2017 is to be amended to address the conditions of approval to the reasonable satisfaction of the Council. The Appellant shall submit an amended Construction Management Plan for approval with the development application for operational works (landscaping).
The Appellant shall meet the reasonable costs of inspection by the Council's arborist of the location of the footings for the deck which shall be to his reasonable satisfaction prior to the work proceeding. The Appellant shall also meet the Council's reasonable costs of its arborist inspecting the works to ensure compliance with the conditions of approval.
No trees are to be removed from the site other than those shown in red on the approved plans signifying they are to be removed. No trees are to be removed from the road reserve as part of the development.
Additional conditions (28/06/2018) (Addition of Deck to Dwelling)
Development undertaken in accordance with this approval must 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
CD 5.01	P1	Axonometric Site Plan, prepared by Tim Ditchfield Architects	31.01.2018
CD 2.02	P3	Upper Floor Plan, prepared by Tim Ditchfield Architects	15.01.2018
CD 3.01	P3	West Elevation, prepared by Tim Ditchfield Architects	14.01.2018
CD 4.01	P2	Section A-A, prepared by Tim Ditchfield Architects	15.01.2018
Minor pruning of the canopies of three Acronychia sp. trees (Lemon Aspen) in proximity to the deck extension works can be undertaken to facilitate the works. The pruning works must be under the supervision of a Level 5 Arborist and Council’s delegate and not result in the loss the foliage screening of the deck.
Additional Conditions 19 July 2018 (Subterranean pedestrian access and lift)
62.	Development undertaken in accordance with this approval must 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
CD 5.01	P1	Axonometric Site Plan, prepared by Tim Ditchfield Architects	31.01.2018
CD 2.01	P3	Ground Floor Plan, prepared by Tim Ditchfield Architects	15.01.2018
CD 2.02	P3	Upper Floor Plan, prepared by Tim Ditchfield Architects	15.01.2018
CD 3.01	P3	West Elevation, prepared by Tim Ditchfield Architects	14.01.2018
CD 4.01	P2	Section A-A, prepared by Tim Ditchfield Architects	15.01.2018
		Amended ’Construction Management Plan’	26.09.2017
	D	Tree Protection Plan, prepared by Myles Baldwin Design	06/04/2018
Retention of Existing Trees
63.	All works must be carried out in accordance with Miles Baldwin Design report listed within this Decision Notice and the following requirements:
a.	No further works, machinery or storage of materials are to be located within the undeveloped portion of the Tree Protection Zone of Tree 28, the Endiandra sieberi (Corkwood), located immediately north of the proposed lift access walkway entrance
b.	Adherence to the recommendations laid out in AS4970-2009 Protection of trees on development sites throughout the remaining build.
c.	Establish a Tree Protection Zone as per AS4970 requirements
d.	Tree 28, the Endiandra sieberi (Corkwood), must be monitored and protected from construction activities in accordance with an operational works approval which details the following information:
i.	an advanced arboriculture inspection of the root plate and collar in accordance with the ISA Tree Risk Assessment procedure. The arboriculture inspection must be in the company of Council’s delegate. The permit applicant shall meet the reasonable cost of Council’s delegate attending the inspection.
ii.	landscaping works within the tree protection zone must be undertaken under the direction of the Project Arborist.
Landscaping Works
64.	The development site must be landscaped. The works must be undertaken generally in accordance with the Miles Baldwin Design report listed within this Decision Notice and a further Operational Works approval. The Operational Works must include the following at a minimum:
a.	Details of local native tree and understory species to be installed to the site including upslope of Tree 28, the Endiandra sieberi (Corkwood) and over the access tunnel.
b.	Methods to be engaged in the establishment and maintenance of the required landscaping including arborist recommendations.
c.	Details of reinstatement of the soils to the roof of the access tunnel and methods to ensure slope stability in both short-term and long term.
d.	Landscaping details to ensure the development is visually screened with vegetation when viewed from Main Beach by maintaining and enhancing the existing canopy structure.
Geotechnical
65.	The works must be carried out in accordance with the recommendations of a Slope Stability Assessment which must be prepared by a suitably qualified person. The Slope Stability Assessment must be submitted to Council prior to the issue of Operational Works (Landscaping) The recommendations of the Slope Stability Assessment must not be in conflict with the requirements of the Tree Protection Plan or Construction Management Plan referred to in Condition 62.
Construction Management
66.	The works must be carried out in accordance with an approved Construction Management Plan for the tunnel access way development. The Construction Management Plan dated 22 March 2018 must be amended to detail the removal, storage and replacement of soils for the tunnel access way and submitted to Council prior to the issue of a Development Permit for Operational Works (Landscaping).
67.	Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Work (landscaping). 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
Additional Conditions January 2023 – (extension of kitchen and inclusion of sub floor)
68.	Development undertaken in accordance with this approval must 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
01	A	Site Plan, prepared by TWD Designs	05/09/2022
02	A	Ground Floor Plan, prepared by TWD Designs	05/09/2022
03	A	Sub Floor Plan, prepared by TWD Designs	05/09/2022
05	A	Proposed Roof Plan, prepared by TWD Designs	05/09/2022
06	A	Elevations 1, prepared by TWD Designs	05/09/2022
07	A	Elevations 2, prepared by TWD Designs	05/09/2022
69.	All additions to the dwelling are to be of a non-reflective nature and coloured with muted earth tones. All structures are to use colours that integrate into the existing dwelling and with the natural environment and be of muted earth tones of browns, greens, ochres, greys etc.
REFERRAL AGENCY CONDITIONS
Not Applicable.
ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of approval:
Advisory Note included (29/10/04)
It is recommended that a duly signed agreement between the owners of Lots 54 and 65, be registered with the Department of Natural Resources as an addendum to the easement document, binding the owner of Lot 64, his successors or assigns, to allowing construction and retention of the proposed carport within the easement over Lot 64. Note that without a registered addendum to the easement document there is potential for a problem with the existing easement document that must be considered by the owners.
Additional Advisory Notes (27/09/07)
The property is indicated as being in a landslide hazard area, as per The Noosa Plan.
If any of the following listed items below are relevant to the proposed building works then a site specific geotechnical report will be required:-
involves the removal of vegetation other than grass from use areas; or
involves excavating or filling of more than 50m3 of material (other than placement of top soil not exceeding 100mm in depth); or
involves cut or fill with a vertical depth of more than 1.5 metres relative  to ground level; or
redirects or impedes water flows in an existing watercourse or stormwater drain.
The site specific geotechnical report is to be prepared by a registered professional engineer and must either certify that the site is not at risk from landslip emanating from the site or from other land, or identifies methods of stabilising all buildings, access ways and use areas.
3.	A site specific geotechnical report will be required, prior to the Private Certifier being able to issue a Development Permit for building works
4.	The site has been identified as being in a “Designated Bushfire Prone Area”, accordingly the BCA provisions for bushfire construction may apply.
PROPERTY NOTES
Not Applicable
VARIATION APPROVAL DETAILS
Not Applicable
FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required	Subject of the required Development Permit
Building Works	Dwelling House addition (lift and access tunnel)
Operational Works	Earthworks and Erosion Control, Landscaping
SELF ASSESSABLE CODES
Not Applicable
SUBMISSIONS
Four properly made submissions were received.
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 Council’s decision, electronic copies of which 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
DECISION NOTICE HISTORY
Original Decision Notice 12 August 2004
Negotiated Decision Notice 29 October 2004 with the deletion of Condition 42 & inclusion of an Advisory Note.
Changes to an Existing Approval 9 February 2006, with an amendment to condition 8.
Changes to an Existing Approval 17 August 2006, with an amendment to conditions 18 & 20 and the inclusion of an Advisory Note.
Changes to an Existing Approval 27 September 2007, with an amendment to conditions 1, 5 & 22 and additional conditions 45 & 45 and additional Advisory Notes 2, 3 & 4.
Changes to an Existing Approval 15 September 2016, with additional conditions 47, 48, 49, 50, 51 & 52
Changes to an Existing Approval – 28 June 2018 – amend condition 5, include additional conditions 60 & 61
Changes to an Existing Approval – 19 July 2018 – include additional conditions 62 – 67
Changes to an Existing Approval – 11 January 2023 – Amend condition 5; Additional conditions 68 & 69

	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