Council archive · source document
Approved Decision Notice - DBW24 0114 [As Published] · DBW24/0114
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: DBW24/0114 & RAP24/0034 :
Your Reference: .
24 March 2025
GJ Harten & TN Harten
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 18 March 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW24/0114
Street address: 22 Little Cove Rd NOOSA HEADS QLD 4567
Real property description: Lot 52 RP 52918
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Building Work Assessable Against the Planning Scheme - Dwelling
House - (Landslide Hazard)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the building commencing, and then compliance maintained at all times while the
use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table.
Plan No. Rev. Plan/Document Name Date
DA1000 DA-F ENTRY LEVEL – PREPARED BY LIGHTBODY 25.02.2025
ARCHITECTS
DA1001 DA-D MAIN LEVEL – PREPARED BY LIGHTBODY 25.02.2025
ARCHITECTS
DA1002 DA-F LOWER LEVEL – PREPARED BY LIGHTBODY 25.02.2025
ARCHITECTS
DA1006 DA-d ROOF LEVEL – PREPARED BY LIGHTBODY 25.02.2025
ARCHITECTS
DA 2000 DA-E BUILDING ELEVATIONS DA - WEST 25.02.2025
ELEVATION – STREET – PREPARED BY
LIGHTBODY ARCHITECTS
Annotated by Council
DA 2001 DA-D BUILDING ELEVATIONS DA – NORTH 25.02.2025
ELEVATION – STREET – PREPARED BY
LIGHTBODY ARCHITECTS
DA 2002 DA-F BUILDING ELEVATIONS DA – EAST 25.02.2025
ELEVATION – STREET – PREPARED BY
LIGHTBODY ARCHITECTS
DA 2003 DA-F BUILDING ELEVATIONS DA – SOUTH 25.02.2025
ELEVATION – STREET – PREPARED BY
LIGHTBODY ARCHITECTS
DA 2100 DA-E BUILDING SECTIONS PREPARED BY 25.02.2025
LIGHTBODY ARCHITECTS
DA 2101 DA-E BUILDING SECTIONS PREPARED BY 25.02.2025
LIGHTBODY ARCHITECTS
DA 2102 DA-C BUILDING SECTIONS PREPARED BY 25.02.2025
LIGHTBODY ARCHITECTS
DA 2103 DA-D BUILDING SECTIONS PREPARED BY 25.02.2025
LIGHTBODY ARCHITECTS
Currency Period
3. This development approval lapses if the works have not substantially started by 20 March
2027, unless an application to extend the currency period is approved by Council.
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Retention of Existing Trees
4. Existing trees in the road reserve must be assessed by a qualified person* and retained and
protected where possible. Where mature trees are to be removed, reasonable grounds must
be given by the qualified person*.
*(Refer to Advisory Note)
Site Access and Driveways
5. A sealed access driveway must be provided from Little Cove Road to all parking and
manoeuvring areas of the development.
Stormwater Drainage
6. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property. The works must be generally in
accordance with the Stormwater Management Report, Ref:S24-157 prepared by Westera
Partners dated 11 October 2024 and endorsed through the building permit.
Easements
7. 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.
8. 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.
9. 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
10. All works must be carried out in accordance with the recommendations contained in the
Geotechnical Report Ref PG-12036 prepared by Pacific Geotech dated July 2024 and
endorsed through the building permit.
Earthworks and Retaining Walls
11. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, 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.
Damage to Services and Assets
12. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. 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.
DEMOLITION WORKS - CODES OF DEVELOPMENT
13. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
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Works
14. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste Management
15. Adequate area must be provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
removal or demolition works.
16. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
17. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work. Health and
Safety
18. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
19. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
20. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
21. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008. Note: Asbestos is a Regulated Waste. The Department of Environment &
Science licenses businesses that transport asbestos waste, and landfills that accept this
waste.
General
22. Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
23. Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
pre-existing conditions.
Plumbing and Drainage
24. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
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5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
Ref: S24-157 Stormwater Management Report Ref: prepared by 11 October
Westera Partners 2024
Ref PG-12036 GEOTECHNICAL REPORT: Proposed New July, 2024
Residence prepared by Pacific Geotech consulting
geotechnical engineers.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
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
Building and Construction Industry (Portable Long Service Leave) Levy
2. 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.
Qualified Person
3. 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:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
4. For the purpose of preparing an Arborist Report, a qualified person is considered to be a
person with either:
a. ISA certification; or
b. a Diploma of Arboriculture in addition to a minimum of 3 years current experience in
the field of arboriculture.
Construction Management Plan
5. Prior to works commencing a Construction Management Plan must be submitted to Council
as part of a Road Reserve Permit. Note any damage to the existing road system as a result
of haulage operations shall be fully repaired at the applicant’s expense.
Fires in Urban Areas
6. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
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https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Works within Road reserve
7. Any works within the road reserve including vegetation clearing or storage of materials must
be approved through a road reserve permit by Council.
Equitable Access and Facilities
8. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
a. the Anti-Discrimination Act 1991 (Queensland); and
b. the Disability (Access to Premises – Buildings) Standards
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work
11. SUBMISSIONS
Not applicable.
12. 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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Andrew Gaffney
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
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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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