Minor Change Existing Approval MCU16 0139.02

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296540
Our Reference:	MCU16/0139.02
Your Reference:	n.a
15 November 2021
KE Anschau, KP Anschau
PO Box 992
TEWANTIN  QLD  4565
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 1 October 2021, requesting a minor change to an existing development approval. Council on 12 November 2021, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU16/0139.02
Street address:	1 Werin St Tewantin Qld 4565
Real property description:	Lot 1 RP 74607
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 3 February 2017
Development Permit for Material Change of Use of Premises – Multiple Housing Type 2 Duplex
In relation to the request to make a minor change to the existing approval, Council on 12 November 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 2
currency period of approval
The currency period ends for this development approval on 3 February 2023.
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
Approved Plans – November 2021
D-KA	I	Site Plan, prepared by Ausmar	10/11/21
D-KA	I	Unit 1 Ground, prepared by Ausmar	10/11/21
D-KA	I	Unit 1 Upper, prepared by Ausmar	10/11/21
D-KA	I	Unit 2 Ground, prepared by Ausmar	10/11/21
D-KA	I	Unit 2 Upper, prepared by Ausmar	10/11/21
D-KA	I	Gatehouse, prepared by Ausmar	10/11/21
D-KA	I	Unit 1 Elevations, prepared by Ausmar	10/11/21
D-KA	I	Elevations, prepared by Ausmar	10/11/21
D-KA	I	Elevations, prepared by Ausmar	10/11/21
D-KA	I	Unit 2 Elevations, prepared by Ausmar	10/11/21
D-KA	I	Floor Areas, prepared by Ausmar	10/11/21
D-KA	I	Landscaping, prepared by Ausmar	10/11/21
Approved Plans – December 2016
DA-002	10	Context Plan, prepared by Reddoor Architecture	20.12.2016
DA-100	18	Site/Floor Plans, prepared by Reddoor Architecture as annotated by Council	20.12.2016
DA-101	18	Upper Floor Plan, prepared by Reddoor Architecture	20.12.2016
DA-200	7	Elevations, prepared by Reddoor Architecture	21.12.2016
DA-300	10	Sections, prepared by Reddoor Architecture	21.12.2016
DA-301	11	Sections, prepared by Reddoor Architecture	21.12.2016
The deck and roof located to the southern side of the dining area of the western unit must be setback a minimum of 1m from the southern boundary. An amended plan must be submitted to Council prior to the issue of any Development Permit for Operational Works*. *(Refer to Advisory Note)
The gate house must be setback 1 metre from the northern boundary to the outer most projection and must not exceed the height permitted by the Queensland Development Code. A garden must be provided for its full length and planted with species that grow to a minimum height of 4m and have a minimum pot size of 200mm.
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level except for the portion of the western unit’s Level 1 bedroom where the building height in metres must not exceed 8.84m and the eastern unit’s Level 1 bedroom which must not exceed 9.1m as indicated on the approved plans.
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.
Performance Bond
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 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development.
Building Appearance
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
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.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
To ensure privacy is protected between adjoining properties, any window/s, deck or the like that overlooks or has the potential to overlook the private open space or habitable room windows of neighbouring properties must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen positioned in such a way to obscure direct view
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice
Site Access and Driveways
A sealed access driveway must be provided from Werin Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing numbers 16.5476-SK.01B and 16.5476-SK.02 prepared by Design Engineers Queensland dated 21 December 2016. The work must include in particular:
a driveway crossover in accordance with Council’s Standard drawings RS-049 and RS-050,
grades in accordance with AS/NZS2890.1:2004, and
tree protection features generally in accordance with Brisbane City Council Standard drawing BSD-5204 Revision B dated July 2016
Concrete Bin Pad
A concrete bin pad must be constructed on the kerbside generally in accordance with drawing number 16.5476-SK.01B prepared by Design Engineers Queensland dated 21 December 2016.
Car Parking
A minimum of 4 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the carparking area designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 1A with allowance for vehicles to enter the site and access the carparking in a forward gear, reverse from the carparking and exit the site in a forward gear in a total of 3 movements
a minimum head clearance (headroom) at any point of 2.2m
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 16.5476-SK.01B prepared by Design Engineers Queensland dated 21 December 2016. The works must include in particular:
a stormwater drainage system that collects and discharges runoff such that there is no net increase in stormwater runoff from the site.
all private pit/grates located wholly within the site
the use of gravity stormwater drainage and not surcharge pits.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
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.
Earthworks and Retaining Walls
All fill and associated retaining structures/batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.
LANDSCAPING
The development site must be landscaped. All landscaping works must be undertaken in accordance with the approved plans, Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines and an operational works approval and must include in particular:
retention of trees in the road reserve
dense landscaping within the 4m setback to the eastern boundary. This area must include 4 trees with a pot size of  45 litres
the setback area along the southern boundary must be planted with suitable riparian vegetation which includes species that grow to a minimum height of 4m
a garden for the full length of the northern boundary
one tree to the front of the lift and one tree to the northern side of the entry stairs (near Werin Street). Both trees must have a minimum pot size of 45 litres.
ENVIRONMENTAL HEALTH
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise
Written certification must be provided from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following :
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable =  background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
Assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building.  All equipment must be operating at the same time to test the overall noise level created, with the measurement location at either the residential boundary or outside the most exposed part of an affected building - whichever is the closest to the plant/equipment.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
property notes
Not applicable
variation approval details
Not applicable
further development permits required
Development Permit for Operational Work (Access, stormwater, landscaping and car parking)
Development Permit for Building Work (All Building Works)
Compliance Certificate for Document (Plan Sealing)
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.
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,

Wilhelm Koschade
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
Original Decision Notice – 3 February 2017
Decision Notice – Extension to Currency Period - MCU16/0139.01 – 14 July 2021 – currency period extended to 3 February 2023
Decision Notice – Minor – MCU16/0139.02 – 12 November 2021; Amend condition 2

	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