SUPERSEDED Decision Notice - Approved by Delegation of Authority DBW19 0003

Officer: 	Billy Glover
Direct Telephone: 	07 53296109
Our Reference:	DBW19/0003
Your Reference:	34031
1 November 2019
Coastal Building Certifications Pty Ltd
PO Box 890
BUDERIM  QLD  4556
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 25 October 2019, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	DBW19/0003
Street address:	11 Crusoe Ct Castaways Beach Qld 4567
Real property description:	Lot 98 MCH 807481
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Building Work - Additions to Detached House (Coastal Protection)
CURRENCY PERIOD of approval
The Currency Period for this development approval is stated in condition 5 below.
assessment manager conditions
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
C0.0	-	Services, drawn by Chris Clout Design	11.10.19
C1.0	-	Lower Floor Plan, drawn by Chris Clout Design	11.10.19
C2.0	-	Ground Floor Plan, drawn by Chris Clout Design	11.10.19
C3.0	-	Upper Floor Plan, drawn by Chris Clout Design	11.10.19
C4.0	-	Roof Plan, drawn by Chris Clout Design	11.10.19
C5.0	-	Elevations, drawn by Chris Clout Design	11.10.19
C6.0	-	Elevations, drawn by Chris Clout Design	11.10.19
C7.0	-	Section, drawn by Chris Clout Design	11.10.19
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
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.
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with by 26 October 2021, unless an application to extend the currency period is approved by Council.
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 Building 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.
Pavilion structure
The Pavilion structure located with a zero setback to the northern boundary must be setback a minimum of 1.5 metres from the northern side boundary and 6 metres from the front boundary.
External Earthworks
Earthworks external of the building at the location of the bathroom and bedrooms on the south elevation must be backfilled and reinstated to natural ground level, so as the building does not appear as three storeys.
Privacy - Roof Top Terraces
Roof top terraces must not overlook the private open space areas of neighbouring properties.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling. In this regard, the removal of vegetation must not extend beyond 3 metres of the building footprint.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Screening vegetation must be planted along the northern boundary between the pavilion structure and the property boundary in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 45 litres and consist of native, endemic species with a mature height of not less than 4 metres and maximum spacing of 1.5 metre centres.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment, as detailed in the approved plans.
A mix of native landscaping, such as ground covers, shrubs and trees, must be provided/retained for a width of 5m from the rear boundary of the site. Plantings must be in accordance with Councils Planning Scheme Policy PSP03 Landscaping plants and guidelines.
Site Access and Driveways
A sealed access driveway must be provided from Crusoe Court to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with Council’s standard drawings and a Council standard vehicle crossover approval.
Stormwater Drainage
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 constructed generally in accordance with the drawing titled Stormwater Management Plan, CC03.002 prepared by Construction Hydraulic dated 8 March 2019.
Earthworks and Retaining Walls
Earthworks carried out on site must not affect the structural integrity of any of the existing fences and/or structures and/or lands that border the development site.
All earthworks and associated retaining structures/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.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in:
The Slope Stability Assessment, report number 28158(SL) prepared by SCG Consulting Engineers dated 1 March 2019, and
The Soil Test and Footing Report, report number 28158(S).RevA prepared by SCG Consulting Engineers dated 7 March 2019.
At the completion of the works certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in The Slope Stability Assessment, report number 28158(SL) prepared by SCG Consulting Engineers dated 1 March 2019 and The Soil Test and Footing Report, report number 28158(S).RevA prepared by SCG Consulting Engineers dated 7 March 2019 and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
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.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Qualified Person
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:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building works
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.
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.
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,

Billy Glover
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

	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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