Council archive · source document
Minor Change Existing Approval 131999 982632 1 · 131999.982632.1
Officer: Georgina Schramm
Direct Telephone: 07 53296316
Our Reference: 131999.982632.1
Your Reference: 0464
19 July 2024
AK O'Connor
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 1 December 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 131999.982632.1
Street address: 2/11 Mitti St Noosa Heads Qld 4567
Real property description: Lot 2 SP 137631
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 29 July 1999.
• Development Permit for Material Change of Use of Premises - Duplex Dwelling
In relation to the request to make a minor change to the existing approval, Council on 17 July 2024,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional conditions 28, 29, 30
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
(in conjunction with DA 16297 – 131999.982632 attached)
Changes to Unit 2 (17 July 2024)
Approved Plans
28. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans in accordance with 13.1999.982632, and generally in accordance with
the Approved Plans listed in the table below
Plan No. Rev. Plan/Document Name Date
ID01.2 C1 Basement Proposed Plan prepared by 01.09.2023
Georgina Jeffries
ID01.3 C1 Ground Floor Proposed Plan prepared by 01.09.2023
Georgina Jeffries
ID01.4 C1 First Floor Proposed Plan prepared by 01.09.2023
Georgina Jeffries
ID01.5 C1 Second Floor Proposed Plan prepared by 01.09.2023
Georgina Jeffries
ID01.6 C1 Rooftop Proposed Plan prepared by 01.09.2023
Georgina Jeffries
(Annotated by Council)
Building Height
29. The “lift run” is not to exceed 8 metres above the ground level.
Building Appearance
30. Any changes to the exterior walls, must match the existing built form with regard to
colours/textures and materials.
5. REFERRAL AGENCIES
Not applicable
6. ADVISORY NOTES
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
7. PROPERTY NOTES
Not applicable
8. VARIATION APPROVAL DETAILS
Not applicable
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
10. SUBMISSIONS
Not applicable
11. 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.
12. 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
Georgina Schramm
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 17 June 1999.
• Negotiated Decision Notice – 29 July 1999, with amendment to
conditions 1 & 17, deletion of condition 19 and additional condition
18.
• Decision Notice - Minor 131999.982632.1 – 17 July 2024, with an
amendment to conditions 28, 29 & 30
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Page 4 of 9 Document Set ID: 23117161 Version: 3, Version Date: 19/07/2024 [OCR of page images] U Raw Form 6 - Decision Notice INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION FileNo: 16297 DA Date of Decision; 29 July 1999 |1. APPLICANT DETAILS ] Name: STUDIO NOOSA PTY LTD Postal address: PO BOX 148 NOOSA HEADS QLD 4567 Phone no: 54742424 Fax no: 54742424 Mobile: |2. PROPERTY DESCRIPTION _| Street address; 11 MITTI STREET Suburbilocality NOOSA HEADS Real property LOT 23 ON RP 51935, PARISH OF WEYBA, COUNTY OF MARCH description: |3. OWNER DETAILS _| Name: MANFRED R & JANICE A WILSCHKE Postal address: 11 MITTI STREET NOOSA HEADS Postcode: 4567 |4. APPLICATION TYPE _| Development Development Details Preliminary Development Approval Permit Material Change of Use Duplex dwelling NO YES (5. DECISION DETAILS ] Council decided to approve the application and grant a Development Permit, subject to conditions. [6 APPLICABLE CODES | The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit « Not applicable. [7. SUBMISSIONS ‘| Two properly made and one not properly made submissions were received, [8 __ CONDITIONS | The approval is subject to conditions, Noosa Council's conditions are attached. Document Set ID: 21478971 Version: 1, Version Date: 25/06/2021 Page 4 of 9 Document Set ID: 23117161 Version: 3, Version Date: 19/07/2024
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NOOSA COUNCA IDAS Development Application Decision Notice 2
{9 FURTHER DEVELOPMENT PERMITS REQUIRED |
Type of Development Permit required Subject of the required Development Permit
Building Works Duplex dwelling
Ptumbing & Drainage Works Duplex dwelling
Operational Works Landscaping, carparking & access
Reconfiguring a Lot Reconfiguring lots
|10. RIGHTS OF APPEAL |
Rights of appeal in relation to this application are attached.
[41. ASSESSMENT MANAGER ]
Name: Noosa Shire Council Signature: Kusmety Date: 30 July 1999
SMP 0 \tatabaselpatiown pleangidcracn doc
Document Set iD: 21478971
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Page 6 of 9 Document Set ID: 23117161 Version: 3, Version Date: 19/07/2024 [OCR of page images] NOOSA COUNCIL IDAS Develagenant Apgtication Decision Notice 3 Noosa Council Conditions TO). oo INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION Building 1 The plans submitted for a Development Permit for building works are to comply with the approved plans, except as amended by these conditions, and the following requirements:- 44 This building will be classified as Class 2 due to the common basement carpark and shall therefore be designed to comply with the Class 2 provisions of Volume 1 of the Building Code of Australia. 12 Balustrading to balconies or terraces more than 4.0 metres above finished ground level shall be non-climbable, 2 Construction work and other associated activities are permitted only during the hours of 7.00 a.m, to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where extended hours are approved by the Manager of Building. Health 3 The developer must provide an imperviously paved area upon which to stand all refuse and recycling containers together with a suitable enclosure, if required, to enclose the refuse container area to the satisfaction of the Environmental Health Officer. 4 Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council's Health Department in accordance with the provisions of Chapter 43 of Councif's Local Laws prior to such letting. 5 In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course. On the spot fines apply for such offences. Engineering 6 Provision of at least 6 covered off-street car parking spaces, and access thereto which shall be provided with a bitumen sealed or concrete pavement. The carparking spaces and associated manoeuvring areas shall comply with Australian Standard AS2890.1-1993 for residential uses. r Park Road, which is the official lead in road to this development, has a 9 tonne load limit due to road stability problems. This limit applies to all vehicles, including construction equipment and delivery vehicles. All suppliers of services, materials, and equipment shall be advised of this so that they can provide for the cost of the constraint imposed. Council may permit access by vehicles in excess of 9 tonnes with conditions. An application for a permit can be made to Council's Engineering Department. 8 Payment of a contribution to Council in accordance with Council's Policy on Beach Access Contributions, prior to the issue of a Development Permit for building works. Such payment shall be in accordance with the contribution rate adopted by Council and current at the time of payment. An estimate only of the contribution at the date of this decision is $65. 9 Payment of contributions in accordance with Council's Policy on Water Supply Headworks Contributions and Sewerage Headworks Contributions. An estimate only of the charges as at May 1999 under the current policy is as follows: ‘Water Supply $3,743 $5,118 TOTAL $8,861 Note that the headworks charges will alter in accordance with Price Index variations or if any amendment is made to Council's policy. Headworks contributions shall be calculated and paid in accordance with either of the following alternatives:- SM? 0 \atabase\na town pimengidecrace dor Document Set ID: 21478971 Version: 1, Version Date: 25/06/2021 Document Set ID: 23117161 Version: 3, Version Date: 19/07/2024 Page 6 of 9
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Page 7 of 9 Document Set ID: 23117161 Version: 3, Version Date: 19/07/2024 [OCR of page images] 10 12 13 14 15 16 NOOSA COUNCIL IDAS Development Appication Decision Notice 4 91 Payment to be made prior to the issue of a Development Permit for building works in the amount calculated under the Policy at that date; or 92 Payment may be deferred to a date:- 9.2.1 prior to Council sealing plans of the development for titling purposes; 922 prior to the issue of a Certificate of Classification for any building works; or 92.3 prior to commencement of the approved use at the relevant premises; whichever is the sooner, Payment of deferred headworks contributions shall also be subject to the following requirements:- 924 Payment of a bonding fee in the amount of $150 and submission of a trading bank guarantee to the value of headworks assessed at the time of submission, plus 20%, prior to the issue of a Development Permit for building works; 9.2.5 Headworks shall be calculated as the value of headworks assessed at the ordinarily due time of payment, plus interest charged at the rate set by the Queensiand Treasury Corporation for Local Government borrowings as they apply to Noosa Shire. The interest rate used shall be the rate current at the “time prescribed" above; 9.2.6 Should the contributions not be paid at the due time, Council shall call upon the security lodged; and 9.2.7 in the case of a Development Permit for building works, if a permit expires the securities will be retumed. The footpath across the Mitti Street frontage is to be maintained in its current condition. Any damage caused during construction is to be rectified at no cost to Council, Existing palms in the footpath shail be retained and any undesirable plant species shall be removed. Any kerb and gutter, or pavement damaged by construction traffic or works, or by the installation of a new access crossing shall be repaired to the same profiles that existed prior to work commencing, all at no cost to Council. Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council. The development site shall be connected to Council's existing water supply and sewerage reticulation systems at no cost to Council and to the standards and requirements of Noosa Council. Roof and surface water is to be collected on site and discharged through a single underground drain line into existing drainage in Mitti Street to the reasonable satisfaction of the Shire Engineer. Alternatively, roof water may be disposed of on site into approved infiltration pits. Details of the drainage scheme shall be submitted with an application for a Development Permit for Operational Works. Rainwater and washdown water in the underground car park is to be collected in grated pits and directed via a grease and oil trap to a pumpwell. The pumpwell shall be fitted with a appropriate pump, and high level alarm system, and discharge to a kerb outlet in Mitti Street; or, rainwater and washdown water in the underground car park is to be collected in grated pits and directed via a grease and oil trap to an on site detention tank. This detention tank is to be drained under gravity via a throttled outlet to an on site infiltration pit. Plans for the proposed system shall be prepared by a registered Consulting Engineer to manage a 1:100 year event. The plans and calculations shall be submitted with an application for a Development Permit for Operational Works for approval by Council's Development Engineer. The underground car park shall be ventilated in accordance with the Building Code of Australia and any relevant Australian Standard. Any person acting on this permit shall prevent erosion and sediment export from the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. An erosion and sediment contro! plan. shall be submitted for approval by the Development Engineer, prior to the issue of a Development Permit for Building Works. ‘SMP oc kiutadeaw koutou planningicecrsine doe Document Set ID: 21478971 Version: 1, Version Date: 25/06/2021 Document Set ID: 23117161 Version: 3, Version Date: 19/07/2024 Page 7 of 9
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Page 8 of 9 Document Set ID: 23117161 Version: 3, Version Date: 19/07/2024 [OCR of page images] NOOSA COUNCIL IDAS Development Application Decision Notice 5 7 18 19 20 2 23 24 25 27 A $2,000 site control bond is required to be lodged prior to issue of a Development Permit for Building Work, to ensure compliance with this condition. It will be refunded following compliance with this condition and satisfactory completion of all works, less any costs incurred by Council in effecting compliance with the condition, Town Planning Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are prepared by Studio Noosa and dated July 1999 and as may be amended by these conditions. The balustrading on the rooftop terraces is to be of non-climbable panes of glass with lightweight railings. 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 open space and setback areas are to be landscaped in accordance with Council's Policy on Landscaping Guidelines and a property prepared landscape plan, Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Manager of Planning. A vegetation survey of the subject site and the adjacent footpath is to be submitted prior to the issue of @ development permit for operational works or building works. No clearing of the site is allowed except in accordance with an approved landscaping plan once a development permit for operational works is issued. Any fencing provided in conjunction with the development is to be setback an average of two (2) metres to any road frontage pursuant to clause 36 (6) (c) of the Schedule to the Planning Scheme. Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use. The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained. In addition to the site control bond specified in condition 16, the developer must submit security in the form of a cash bond or trading bank guarantee to the sum of $3,000 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. The requirements of this development approval are to be effected, prior to the use of the premises, Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions. This Development Permit for a material change of use of premises lapses if-- 26.1 the use of erection of a building or other structure associated with the use, has not been commenced within four (4) years of the date of issue of the Development Permit, unless application Is made and approved by Council for an extension; or 26.2 the use of any premises pursuant to the Development Permit ceases. Prior to the commencement of development, the developer must obtain the following Development Permits:- 27.1 Development Permit for building works; 27.2 Development Permit for plumbing and drainage works; 27.3 Development Permit for operational works of landscaping, carparking and access; 27.4 Development Permit for reconfiguring a Lot. DECISION NOTICE HISTORY © Original Decision Notice issued on17 June, 1999, * Negotiated Decision Notice issued an 29 July 1999, with amendment to Conditions 1 and 17, deletion of condition 19 and an additional condition (18) . SMP 0 catabaseinationn plmmrgidacmcn oc Document Set ID: 21478971 Version: 1, Version Date: 25/06/2021 % Document Set ID: 23117161 Version: 3, Version Date: 19/07/2024 Page 8 of 9
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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.
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