Minor Change Existing Approval 51993.615.03

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296215
Our Reference:	51993.615.03
Your Reference:	170903
9 April 2018
TSK Barrett & JE Eakin
C/- Adams Sparkes Town Planning
PO Box 1000
BUDDINA  QLD  4575

[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 8 March 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:	51993.615.03
Street address:	Carribean Noosa 6/13 Noosa Pde Noosa Heads Qld 4567
Real property description:	BUP 100344
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council on 22 December 1993 decided to issue the following type of approval:
Application No.	Type of Development
51993.615 (TPC 2557)	Multiple dwelling – 16 units and caretaker’s residence
In relation to the request to make a change to the development approval, Council on 26 November 2008, decided to approve the requested changes to Caretakers Unit – Unit 17.
The changes are detailed below.
A. 	Approve the change with the following additional conditions to read as follows:-
1.	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 and may be amended by these conditions.
Plan No.	Rev.	Plan / Document Name	Date
1		Plan Level 2 and Plan Level 1 – Peter Hull Architect Pty Ltd	31 October 2008
2		Block Plan – Peter Hull Architect Pty Ltd	January 2008
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The office and wardrobe space shall not be enclosed to form a separate room.
The finishes of the extension shall match the existing finishes on the remainder of the building.
Prior to the commencement of development, a Development Approval for building work must be obtained.
B. 	Advise the applicant of the decision.
In relation to the request to make a minor change to the existing approval, Council on 5 April 2018, decided to approve the requested changes to Unit 6. The changes are detailed below.
A.	Approve the change.
B.	Amend condition 1 of the approval dated 22 December 1993 to include the following plans:
Plan No.	Rev.	Plan/Document Name	Date
1		Plan Level 2 and Plan Level 1 – Peter Hull Architect Pty Ltd	31 October 2008
2		Block Plan - Peter Hull Architect Pty Ltd	January 2008
DD-02	A	Site Plan, prepared by DCM	13/12/2017
DD-03	A	Ground Floor Plan (annotated), prepared by DCM	13/12/2017
DD-04	A	Elevations Plan, prepared by DCM	13/12/2017
C.	Include the following additional conditions:
1. 	The approved living room is not permitted to be used as an additional bedroom and must not be enclosed (refer to annotated approved plans).
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval 22 December 1993 took effect.
assessment manager conditions
Refer to original TPC 2557 (attached) and conditions outlined above.
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 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,

Wilhelm Koschade
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
TPC 2557
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

[word/footer2.xml]
Page 2 of 4

[word/footer3.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 4

[word/footer4.xml]
Page 2 of 3

[word/header4.xml]
3

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL