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Approved Decision Notice - DBW24 0114 [As Published] · DBW24/0114

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                                                             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
                                                                                                             Page 1 of 7
Document Set ID: 23649833
Version: 3, Version Date: 25/03/2025
Full text of the other 6 pages

Page 2

                      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.




                                                                                                 Page 2 of 7
Document Set ID: 23649833
Version: 3, Version Date: 25/03/2025

Page 3

                      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.




                                                                                                       Page 3 of 7
Document Set ID: 23649833
Version: 3, Version Date: 25/03/2025

Page 4

                      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.




                                                                                                       Page 4 of 7
Document Set ID: 23649833
Version: 3, Version Date: 25/03/2025

Page 5

               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:



                                                                                                        Page 5 of 7
Document Set ID: 23649833
Version: 3, Version Date: 25/03/2025

Page 6

                      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




                                                                                                             Page 6 of 7
Document Set ID: 23649833
Version: 3, Version Date: 25/03/2025

Page 7

                                                                              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.




                                                                                                                                                    Page 7 of 7
Document Set ID: 23649833
Version: 3, Version Date: 25/03/2025

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