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SUPERSEDED - Minor Change Existing Approval 51991 475 05 · 51991.475.05
Officer: Georgina Schramm
Direct Telephone: 07 53296569
Our Reference: 51991.475.05
Your Reference: n/a
20 March 2025
PEM Shepparton P/L TTE
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 4 November 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51991.475.05
Street address: ‘Banksia Terraces’11/2-10 Banksia Ave Noosa Heads
Real property description: Lot 0 GTP 3209, Lot 6 GTP 3209
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 8 April 1992.
• Town Planning Consent TPC 2413 – Group Housing Development (16 units)
In relation to the request to make a minor change to the existing approval, Council on
8 August 2022, decided to approve the requested changes. The changes are detailed below.
In relation to the request to make a minor change to the existing approval, Council on 13 May 2025,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional condition 23.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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3. CURRENCY PERIOD OF APPROVAL
Not applicable.
4. ASSESSMENT MANAGER CONDITIONS
In determining to approve the application, Council also resolved to :-
1. Submission to and approval by Council of building plans in accordance with the Building Act,
council’s By-laws and Policies, the conditions of this approval and substantially in
accordance with plans 91036-DD01/06 dated December 1991 and the Shire of Noosa
Planning Scheme apart from where amendments are required, or dispensations have been
granted in conjunction with this approval.
2. Provisions of at least 24 off-street car parking spaces, comprising 16 covered spaces and 8
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Planning Scheme,
Council’s Policies and to the reasonable satisfactions 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.
3. There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
4. 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 to be submitted to and
approved by the Shire Planner, 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 time thereafter to the reasonable satisfaction of the
Shire Planner.
5. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use. The landscape
plans referred to above are to demote areas of existing vegetation or existing trees proposed
to be retained.
6. Construction work and other associated activities are permitted only during the hours of 7.00
a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where
extended hours are approved by the Building Surveyor.
7. Any advertising sign or device is to comply with the provision of the Noosa Design Manual.
8. All lots that form part of this application are to be amalgamated in Title, prior to the issue of
Building Approval.
9. Payment of contributions in accordance with Council’s Policy on Water Supply and Sewerage
Headworks, current at the time of Building Approval. An estimate only of the charges as at
May, 1991 under the current policy is as follows: -
Water Supply - $27,005
Sewerage $11,412
Total: $38,417
Please note that the headworks charges will alter in accordance with Price Index variations
or if any amendment is made to Council’s policy.
If payment is not proposed to be made prior to the issue of Building Approval, a cash bond
or trading bank guarantee for the required amount is to be lodged, prior to the release of that
Approval. The contribution is then required to be made with fourteen (14) days of the issue
of a Building Approval.
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10. Construction of roadworks, drainage and footpath improvements across the Banksia Avenue
of the development to the satisfaction of the Shire Engineer. These frontage works are to
be connected to Noosa drive with a minimum 6m wide bitumen seal on the 8m wide
formation. The works are to be designed and constructed to suit Council’s planned
upgrading of the Banksia Avenue/Noosa Drive intersection.
Such works shall involve the construction of kerb and channel, bitumen widening, associated
drainage, hot mix correction to the existing pavement, where required and footpath upgrading
works. In this regard, plans prepared by a registered Civil Engineer, prior to commencement
of construction.
11. The footpath across the Noosa Drive and Banksia Avenue frontage, excluding the east west
connection between those frontages, of the site is to be upgraded by the provision of a 1.2
metres wide concrete footpath and the forming, grassing and topsoiling of the remaining area
to the satisfaction of the Shire Engineer. The footpath is to be generally located 0.9 metres
from the property alignment, though a curvilinear alignment may also be acceptable and
desirable.
12. The developer shall bear the cost of alterations of any public utility or other facilities
necessitated by the development of the land or associated construction works external to the
site.
13. 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.
Extensions to Council's existing reticulation systems are to be provided at the developer’s
expense. In this regard, detailed engineering designs of the proposed extensions are to be
submitted for approval by the Shire Engineer prior to work commencing.
14. Roof and surface water is to be collected on site to and is to be discharged through a single
underground drain line into existing drainage in Noosa Drive to the satisfaction of the Shire
Engineer.
15. Provision of approved refuse containers in accordance with the requirements of the Refuse
Management Regulations of 1983 for the storage and collection of refuse to the satisfaction
of Council’s health Surveyor.
16. Provision of an imperviously paved and drained area to be drained to Council’s sewer to
accommodate all refuse containers to the reasonable satisfaction of Council’s Health
Surveyor. This area is to be aesthetically screened from any road frontage or adjoining
property boundary ad is to be setback a distance of two (2) metres from any road frontage.
A suitable hosecock and hoses are to be located in the vicinity of the refuse container area.
17. Any flat or unit intended to be let out for a fee or reward is to be licensed annually with
Council’s Health Department in accordance with the provisions of Chapter 43 of Council’s
By-Laws prior to such letting.
18. The swimming pool shall be licensed annually with the Council’s Health Department in
accordance with the provisions of Chapter 42 of Council’s by-Laws.
19. Submission of a cash bond or trading bank guarantee to the sum of $20,000 to secure
performance of conditions, prior to the issue of Building Approval. The cash bond or trading
bank guarantee will be returned upon performance of the conditions of approval.
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 or works have
not been made in accordance with that Permit or the rights conferred by that Permit are not
exercised within two (2) years of the date of issue of the Permit.
21. The Town Planning Consent Permit lapses where: -
a. 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
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b. The use of any premises pursuant to the Town Planning Consent Permit ceases for a
period of twelve (12) months.
Additional condition - 8 August 2022 – 51991.475.04
Approved Plans
22. Development is to be undertaken in accordance with this change to existing approvals
51991.475 must generally comply with the approved plans of development. The approved
plans relating to the development and Unit 2 are listed in the following table unless otherwise
amended by these conditions.
Plan No. Rev. Plan/Document Name Date
01 A Proposed First Floor Ensuite Extension 23 June 2022
Additional Condition – 13 March 2025 – 51991.475.05
Approved Plans
23. Development of additions to (Lot 6) Unit 11 must comply with the approved plans listed in
the following table.
Plan No. Rev. Plan/Document Name Date
A103 - Proposed Site Plan prepared by Collins 05.07.2024
Building Designs
Annotated by Council
A202 - Proposed Ground Floor Plan prepared by 05.07.2024
Collins Building Designs
A204 - Proposed Upper Floor Plan prepared by 05.07.2024
Collins Building Designs
Annotated by Council
A302 - Proposed Front Elevation prepared by Collins 05.07.2024
Building Designs
Annotated by Council
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
Infrastructure Charges
1. 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. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
7. PROPERTY NOTES
Not applicable.
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8. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All Building Works (including demolition works).
9. SUBMISSIONS
Not applicable.
10. 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.
11. 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,
For Georgina Schramm
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice - TPC 2413 – 51991.475.02 – 8 April 1992.
• Decision Notice - 51991.475.03 – 4 November 2020 – Generally in Accordance.
• Decision Notice - Minor – 51991.4750.04 – 8 August 2022 - with additional condition 22.
• Decision Notice - Minor – 51991.4750.05 – 13 March 2025 - with additional condition 23
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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