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Decision Notice - DBW23 0084 [As Published]

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                                                                                  Officer:            Georgina Schramm
                                                                                  Direct Telephone:   07 5329 6569
                                                                                  Our Reference:      DBW23/0084
                                                                                  Your Reference:     N/A

               28 November 2023


               DA Byrne
               83 Coachwood Tce
               BLACK MOUNTAIN QLD 4563
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 27 November 2023, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              DBW23/0084

                   Street address:              83 Coachwood Terrace, Black Mountain

                   Real property description:   Lot 16 SP 248179

                   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 and Secondary Dwelling
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

               PLANNING
                       When Conditions must be Complied With
               1.      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.




               ABN 97.969.214.121                                                                PO Box 141
               noosa.qld.gov.au                                                           Tewantin QLD 4565
               [email protected]                                                           07 5329 6500
                                                                                                            Page 1 of 5
Document Set ID: 22700297
Version: 3, Version Date: 28/11/2023
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                      Approved Plans
               2.     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           Rev. Plan/Document Name                                           Date
                        No.

                        -              -    Site plan (of entire site), prepared by Denise Byrne         13/11/2023

                        A100           1    Site Plan, prepared by wd architects (new dwelling)          26/07/2023

                        A300           2    House Floor plan, prepared by wd architects                  26/07/2023

                        A302           2    Annex Floor Plan, Elevations and Sections, prepared by wd 26/07/2023
                                            architects

                        A303           2    Overview with grid and survey, prepared by wd architects     26/07/2023

                        A350           2    Roof Plan, prepared by wd architects                         26/07/2023

                        A400           2    House sections, prepared by wd architects                    26/07/2023

                        A500           2    House elevations, prepared by wd architects                  26/07/2023

                        -              -    Floor Plan - 2 x container dwelling (The Shack), provided 14/11/2023
                                            by Denise Byrne

                        -              -    Elevation Plan for 2 x container dwelling, provided by Submitted
                                            Denise Byrne                                           14/11/2023

                      Currency Period
               3.     This development approval lapses if the use has not happened by 27 November 2025,
                      unless an application to extend the currency period is approved by Council.
                      Nature and Extent of Use
               4.     This approval allows for the use of the building for the purpose of a Dwelling House and
                      Secondary Dwelling in accordance with the administrative use definition of the Noosa Plan
                      2020. The premises must not be used as Multiple Housing and/or Visitor Accommodation or
                      any other residential use as defined by Noosa Plan 2020.
                      Retention of Existing Trees and Vegetation
               5.     Existing trees on the site must be retained. Any trees removed must be replaced with similarly
                      sized native species prior to the use commencing.
                      Geotechnical stability – structures in landslide hazard area
               6.     All works must be carried out in accordance with a Geotechnical Report for the site prepared
                      by a qualified person*. Certification must be submitted to Council from a qualified person*
                      which certifies that the site is not at risk from landslide emanating from the site or from other
                      land.
                      Effluent Disposal
               7.     The dwelling and secondary dwelling must be provided with an on-site waste water treatment
                      and effluent disposal system having a capacity sufficient for the use.




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                      Water Supply
               8.     The development must be provided with a potable water supply, a minimum capacity of
                      45,000 litres of water.
                      Stormwater Drainage
               9.     Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property.
                      Earthworks
               10.    All earthworks and associated batters 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
               11.    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.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               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
                      Qualified Person
               2.     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.
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.



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Document Set ID: 22700297
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               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required             Subject of the required Development Permit

                Development Permit for Building Works           All building work

                Plumbing Compliance Permit                      Effluent disposal

               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 on line at
               www.noosa.qld.gov.au or at Council Offices.


               Yours faithfully,




               Georgina Schramm
               Development Planner



               Enc:   Appeal Rights
                      Infrastructure Charge Notice
                      Approved Plans/Documents




                                                                                                       Page 4 of 5
Document Set ID: 22700297
Version: 3, Version Date: 28/11/2023

Page 5

                                                                              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 5 of 5
Document Set ID: 22700297
Version: 3, Version Date: 28/11/2023

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