SUPESEDED - Decision Notice Minor Change 51987.2898.03

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	51987.2898.03  : JELDER
Your Reference:	2388
12 April 2019
CSS1 P/L TTE
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

[email protected]
Dear Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 28 March 2019, 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:	51987.2898.03
Street address:	21 Webb Rd Sunshine Beach Qld 4567
Real property description:	Lot 2 RP 234161
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 17 December 1987.
Town Planning Consent for a Dwelling in a Sand Dune Problem Area
In relation to the request to make a minor change to the existing approval, Council on 12 April 2019, decided to approve the requested changes. The changes are detailed below.
A.	Agree to change Condition 1.
B.	Include additional Condition 5.
currency period of approval
The relevant period for this development approval is in accordance with that stated in the Decision Notice/Negotiated Decision dated 17 December 1987, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.
assessment manager conditions
To be read in conjunction with previous approvals for TPC1971, copies attached.
Additional Conditions - 11 September 2014
Approved Plans
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 unless otherwise amended by these conditions.
Approved Plans were amended on 30 August 2016 (refer to current Approved Plans below).
Landscaping
2.	The existing garden area to the east of the new pool must be retained. The garden must extend from the eastern side of the new pool and must be enhanced with plantings in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines and consist of native and endemic species.
Performance Bond
3.	Security in the form of a cash bond or trading bank guarantee to the sum of $2,000 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.
Condition 1 & Additional Condition 4 - 30 August 2016
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, prepared by – 30 August 2016	Date
TP1 0.02	2	Proposed Site/Roof Plan, BBP Architects	04.07.2016
TP2 G.03	3	Proposed Floor Plans, BBP Architects	04.07.2016
TP4 0.01	2	Existing, Demolition & Proposed North Elevations, BBP Architects	04.07.2016
TP4 0.03	2	Existing, Demolition & Proposed East 1 Elevations, BBP Architects	04.07.2016
TP4 0.05	1	Existing, Demolition & Proposed West 1 Elevations, BBP Architects	26.08.2014
4.	The pool must be setback a minimum of 6.4m from the seaward boundary.
Condition 1 & Additional Condition 5- 12 April 2019
Approved Plans
Plan No.	Rev.	Plan, prepared by – 12 April 2019	Date
010.02	A	Site – town planning, drawn by SLA Pty Ltd	26/03/2019
010.03	A	Basement – town planning, drawn by SLA Pty Ltd	26/03/2019
010.04	A	Ground – town planning, drawn by SLA Pty Ltd	26/03/2019
010.05	A	Level 1 – town planning, drawn by SLA Pty Ltd	26/03/2019
100.01	F	Site Plan, drawn by SLA Pty Ltd	26/03/2019
180.00	G	Existing basement floor,  drawn by SLA Pty Ltd	26/03/2019
180.01	G	Existing plan ground floor, drawn by SLA Pty Ltd	26/03/2019
180.02	C	Existing plans first floor, drawn by SLA Pty Ltd	26/03/2019
200.00	H	Floor plans basement floor, drawn by SLA Pty Ltd	26/03/2019
200.01	H	Floor Plan ground floor, drawn by SLA Pty Ltd	26/03/2019
200.02	C	Floor plans first floor, drawn by SLA Pty Ltd	26/03/2019
300.02	F	Elevations, drawn by SLA Pty Ltd	26/03/2019
5.	The pandanus tree/s impacted by the proposed basketball court are to be relocated within the site in a location that softens the development from adjoining property.
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 (Private certification)
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
TPC 1971
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice - 17 December 1987
Changes to an Existing Approval –25 August 1988 agreed to modify TPC 1971 subject to conditions.
Changes to an Existing Approval – 19 October 1989 agreed to modify TPC 1971 subject to conditions.
Changes to an Existing Approval – 11 September 2014, including additional conditions 1, 2 & 3.
Changes to an Existing Approval – 30 August 2016 with an amendment to condition 1 and additional condition 4.
Decision Notice - Minor 51987.2898.03 – 12 April 2019, with an amendment to condition 1, include additional condition 5.

Attachment 1 – Original Town Planning Consent  - TPC 1971

Attachment 2 – Changes 25 August 1988

Attachment 3 – Changes 19 October 1989

	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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R. Ryter
ere

TPC 1971 (159)

17th December, 1987

 

Lawrence and Partners
P.0. Box 53,
NOOSA HEADS. 9. 4567

Dear Sirs,

Re: Application for Town Planning Consent TPC 1971, Lawrence and Partners,
for extensions to an existing dwelling at 19 Webb Road, Sunshine
Beach, described 8s Tot 2 on RP. 135079, Parish of Weyba, County of
March

 

I xefer to the above application and advise that Council at its meeting
held on the 15th December, 1987 resolved that the application be approved,
subject to the following condition:

 

1, Submission to and approvel by Council of building plens in accordance
with the Building Act, Council's By-laws and Policies, and generally
in accordance with the plan approved in this Consent and the shire of
Noosa Town Planning Scheme apart from where amendments are required by
Gispensations or have been granted in conjunction with this Consent.

2. Disposal of septic and sullage wastes on site to the satisfaction of
the Shire Engineer. Plens prepared by @ Registered Hydraulics
Consultant ere to be submitted and to be approved by Council's
Building Surveyor, prior to the issue of a Building Approval.

3. Stormwater to be disposed of on site so as to cause no scour or damage
to adjoining properties to the stendards and requirements of Council's
shire Engineer.

4. Prior to the submission of a Building Application end at the
applicant's expense, a geotechnical report is to be submitted for
appraisal by Council's nominated geotechnical consultant and for
approval by the Building surveyor.

5. A certificate shall be submitted by the applicant's structural
engineer, with 2a check certificate from an independent firm of
structural engineers, confirming the adequacy of the structure to
perform to conditions on the site to the satisfaction of the Building
Surveyor.


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Lawrence and Partners - TPC 1971 ~ 17th December, 1987 - Page 2

 

6. This Consent may be revoked pursuant to Section 33 (16D) of the Local
Government Act if substantial progress has not been made in the
erection of any building or other structures in accordance with this
Consent or the rights conferred by this Consent are not exercised in
accordance with this Consent within two (2) years of the date thereof.

7. Approval is to be obtained from the Beach Protection Authority for
buildings or other structures proposed to be located within the
Coastal Management Control District.

No objections to the proposal were lodged with Council as a result of the
advertising of the application. Please find attached copies of parts of
the local Government Act which outline appeal rights in relation to
Council's decision.

Yours faithfully,

\a Buster.

D.J. Philpot,
saree currx. A~

ed.


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Raul Weycharat

TPC 1971 .
RW: 86

26th August, 1988

Hurst & Nerris Pty. Ltd.,
Architects,

The Sound Shopping Centre,
Noosa Parade,

NOOSA HEADS. 9. 4567

Dear Sir,

Ret Application for modification to approved plans for TPC 1971 (Lawrence
& _Pertners) for 9 welling house on Lot 2 on RP 135079 at 19 Webb

Road, Sunshine Beach
With reference to the above proposal, I wish to advise that Council at its

meeting held on the 25th August, 1988 resolved to agree to modify TPC 1971
subject to the following conditions:~

1, Approved plans ere now drawing nos. 8732-D2, D3, D7, D@ and WD 4
prepared by Hurst & Harris dated July end August, 1988.

The existing residence shell be demolished prior to occupation of the
new residence.

 

3. Lots 1 and 2 on RP 135079 shall be smelgemated prior to the occupation
of the new residence.

Yours feithfully

Vt,

D.d. Philpot
SHIRE CLERK

 

 


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Raul Weychardt -
Tel. O71 495-266 rerena

(mec ig7illana tre 2251

25th October, 1989

MR BRIAN WOOD
PO BOX 881
NOOSA HEADS QLD 4567

Dear Sir,

Re: ‘PC 1971 and TPC 2251 (B. Wood) for a dwelling and tennis court
respectively on Lots 1 and 2 on RP 135079, Parish of Weyba situated
in Webb Road, Sunshine Beach

With reference to the above matter I wish to advise that Council at its

meeting held on the 19th October, 1989 resolved to modify the above

applications as follows:-

1. TRC 1971
Condition 3 be amended to read:~

Lots 1 and 2 on RP 135079 shall be resubdivided to ensure that all
access and building works associated with the dwelling are
contained on one single allotment within 3 months of the occupation
Of the new residence.

2. TPC 2251
Condition 2 (b) to read:—
The tennis court is to comply with Council's Policy on Tennis
Courts, provided the minimim setback to the northern and southem
boundaries, is permitted to be 1 metre.
Condition 6 to read:~

Compliance with all the conditions of TPC 1971 prior to the use of
the tennis court.

Please find attached copies of parts of the Local Government Act which
outline appeal rights in relation to Council's decision.

Yours faiphfully,

“B. DAVIDSON
SHIRE CLERK

b/c Hurst & Harris, Sound Shopping Place, Noosa Parade, Noosa Heads 4567


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ee) NOOSA COUNCIL