Minor Change Existing Approval 51983.3225.11

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	51983.3225.11 : JELDER
Your Reference:	180086
1 May 2018
JDBA Certifiers
PO Box 1365
MOOLOOLABA QLD  4557
[email protected]
Dear Sir,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 17 April 2018, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51983.3225.11
Street address:	30 Hastings St Noosa Heads Qld 4567
Real property description:	Lot 1 RP 149585
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council in October 1983 decided to issue the following type of approval:
Application No.	Type of Development
51983.3225	Town Planning Consent Permit for Multiple Dwelling 25 Units, 8 Shops A copy of the original TPC 1632 is attached.
In relation to a request to make a change to the existing approval, Council on 15 June 2006 decided to:
A.	Approve a change to the development approval subject to additional conditions.
In relation to a request to make a change to the existing approval, Council on 11 November 2014 decided to:
Approve a change to the development approval subject to additional conditions
In relation to a request to make a change to the existing approval, Council on 12 October 2015 decided to:
Agree to change condition 2.
In relation to a request to make a change to the existing approval, Council on 17 March 2016 decided to:
Agree to change Condition 2.
In relation to a request to make a change to the existing approval, Council on 12 May 2016 decided to:
Approve to a change the development approval (Redevelopment of Unit 15).
Include additional conditions relating to the change (Conditions 6 – 15).
In relation to a request to make a change to the existing approval, Council on 29 March 2017 decided to:
Agree to change condition 2 relating to unit 20.
In relation to a request to make a change to the existing approval, Council on 5 April 2017 decided to:
Agree to change condition 2 relating to Unit 13.
In relation to a condition placed on the 5 April 2017 approval incorrectly (unit 13), it was agreed to remove Condition 9 on 10 May 2017.
In relation to the request to make a change to the existing approval, Council on 1 August 2017 decided to:
Agree to change condition 2 relating to Unit 20.
An advisory note has been added to the changed approval that new infrastructure charges apply to Unit 20 relating to an additional bedroom.
In relation to the request to make a change to the existing approval, Council on 1 August 2017 decided to:
Agree to change condition 2 relating to Unit 5
In relation to the request to make a minor change to the existing approval, Council on 27 April 2018, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend Condition 2.
currency period of approval
Not applicable.
assessment manager conditions
To be read in conjunction with previous approval TPC 1632
PLANNING
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.
Approved Plans
Plan No.	Rev.	Plan, prepared by	Date
No.1		Perspectives & Notes, prepared by Accolade Building Designs	22/07/2014
No.3		Ground Floor & 1st Level, prepared by Accolade Building Designs	22/07/2014
No.4		Elevations, prepared by Accolade Building Designs	22/07/2014
Approved Plans  - October 2015
DA 3001	A	Site Plan, prepared by Peter Hull Architect	Sept 15
DA 3002	B	Floor Plans, prepared by Peter Hull Architect	Sept 15
DA 3004	A	Ground Floor and Carport Plan, prepared by Peter Hull Architect	Sept 15
DA 4001	B	Sections, prepared by Peter Hull Architect	Sept 15
DA 5001	B	Elevations, prepared by Peter Hull Architect	Sept 15
Approved Plans – March 2016
		GRND FLR – Proposed (Unit 14), prepared by LPID	14/10/2015
		Elevation (Unit 14) – East Facing (Street Frontage), prepared by LPID	14/10/2015
		Elevation – North Facing (Unit 14), prepared by LPID	14/10/2015
		Elevation – South Facing (Unit 14), prepared by LPID	14/10/2015
		Elevation – West Facing (Unit 14), prepared by LPID	14/10/2015
		3D Views – Exterior (Unit 14), prepared by LPID	14/10/2015
		GRND FLR – Proposed (Unit 25), prepared by LPID	14/10/2015
		Elevation (Unit 25) – South View, prepared by LPID	14/10/2015
		Elevation – East (Unit 25), prepared by LPID	14/10/2015
		Elevation – West (Unit 25), prepared by LPID	14/10/2015
		Elevation – North (Unit 25), prepared by LPID	14/10/2015
		3D Views – Exterior (Unit 25), prepared by LPID	14/10/2015
Approved plans – May 2016
Plan No.	Rev.	Plan, prepared by	Date
DA.01	B	Location Plan prepared by Bark Design Architects	26/02/2016
DA.02	C	Site Plan prepared by Bark Design Architects	23/02/2016
DA.04	C	Ground Floor Plan prepared by Bark Design Architects	23/02/2016
DA.05	C	First Floor Plan prepared by Bark Design Architects	23/02/2016
DA.06	C	Second Floor Plan prepared by Bark Design Architects	23/02/2016
DA.07	C	Roof Terrace Plan prepared by Bark Design Architects	23/02/2016
DA.11	B	South Elevation prepared by Bark Design Architects	26/02/2016
DA.12	B	East Elevation prepared by Bark Design Architects	26/02/2016
DA.13	B	North Elevation prepared by Bark Design Architects	26/02/2016
DA.14	B	West Elevation prepared by Bark Design Architects	26/02/2016
Approved plans – March 2017 Unit 20
Plan No.	Plan, prepared by	Date
1016HMK Sheet 1	3D rendering, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 2	Floor Plans, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 3	Ground Floor plan, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 4	Elevations, prepared by Accolade Building Designs	23 March 2017
Approved plans – April 2017 Unit 13
Plan, prepared by	Date
Site plan, prepared by Mandy’s Design and Drafting	March 2017
Proposed floor plan, prepared by Mandy’s Design and Drafting	March 2017
Elevations, prepared by Mandy’s Design and Drafting	March 2017
Approved plans – August 2017 Unit 20
Plan No.	Plan, prepared by	Date
1016HMK Sheet 1	3D rendering, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 2	Floor Plans, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 3	Ground Floor plan, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 4	Elevations, prepared by Accolade Building Designs	23 March 2017
Approved plans – August 2017 Unit 5
Sheet 1 of 4 Issue A	Site Plan, prepared by Mandy’s Design and Drafting	July 2017
Sheet 2 of 4 Issue A	Existing Floor Plans, prepared by Mandy’s Design and Drafting	July 2017
Sheet 3 of 4 Issue A	Proposed floor plan, prepared by Mandy’s Design and Drafting	July 2017
Sheet 4 of 4 Issue A	Elevations, prepared by Mandy’s Design and Drafting	July 2017
Approved Plans – April 2018 Unit 21
Sheet 1 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit, prepared by Accolade Building Designs	26/04/2018
Sheet 2 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit, prepared by Accolade Building Designs	26/04/2018
Sheet 3 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit (floor plans), prepared by Accolade Building Designs	26/04/2018
Sheet 4 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit (elevations), prepared by Accolade Building Designs	26/04/2018
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Construction Management Plan & Pre-Start Meeting
A Construction Management Plan must be submitted to and approved by Council prior to obtaining a building approval and must specifically address the following:
Traffic Management during all aspects of the construct phase including.
Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
Maintenance of safe and unobstructed access across the frontage of the site for pedestrians and vehicles both during daily construction and after daily construction has ceased.
Parking arrangements, number, and locations for vehicles associated with the proposed construction works that need to be onsite or in proximity to the site at any time during the phases of the construction works.  Where relevant, time slots and off-peak hours should be indicated. All efforts must be made to prevent or minimise adverse impact on public parking availability in the local area.
Works programme identifying key components of the works and their respective durations.
Written confirmation from the Body Cooperate accepting the use of the common property for activities associated with the construction works as identified in the final Construction Management Plan and the Traffic Management Plan.
Proposed fencing to the site during the construction phase of the development.
Protection fencing for existing landscaping and trees in proximity to the work activities.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures to prevent silt and contaminants from entering existing stormwater system.
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues.
identification of complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
Council must be contacted at least 5 working days prior to any works commencing to organise a pre-start meeting. The contact number to arrange a pre-start meeting is Diogo Carrico on ph.53296465. The pre-start meeting must include:
The relevant parties for any Civil Engineering and Building works.
A representative of the Body Corporate.
The applicant must provide copies of the approved construction and traffic management plans for the attendees at the prestart meeting.
Frontage Condition Report
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting and prior to any works commencing.
General Requirements
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
The developer must meet any costs to repair damage to any Council asset during construction where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
Performance Bond
Deleted.
referral agencies
Not Applicable.
advisory notes
Not Applicable.
property notes
Not Applicable.
variation approval details
Not Applicable.
further development permits required
Development Permit for Building Work.
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,

Glen Conforti
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater

	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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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL