Change to an Existing Approval MCU13/0247.02

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	MCU13/0247.02
Your Reference:	N/A
17 February 2017

Bell-Allen Holdings Pty Ltd
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558

[email protected]

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 14 February 2017, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	MCU13/0247.02
Street Address:	56 Seaview Tce SUNSHINE BEACH  QLD  4567
Real Property Description:	Lot 64 RP 81810
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
Council on 20 January 2014 decided to issue the following type of approval:
Development Permit for a Material Change of Use (Detached House)

In relation to the request to make a change to the existing approval, Council on 1 June 2015 decided to:
Approve a change to Condition 2
Include additional Conditions 16, 17, 18, 19 & 20
Delete Item 6 (Approved Plans) and renumber Items accordingly

In relation to the request to make a change to the existing approval, Council on 14 February 2017 decided to:
A.	Agree to extend the relevant period to 20 January 2020.
B.	Agree to change Conditions 2, 16 and 17
C. 	Agree to delete Conditions 18 and 19.
D.	Include additional Conditions 21, 22 and 23.
E.	Include additional Advisory Note.
relevant period of approval
The development approval lapses if the use has not commenced by 20 January 2020, unless an application to extend the period is approved by Council under s383 of the Sustainable Planning Act 2009.
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
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.

Plan No.	Rev.	Plan Name	Date
A-01	30	Proposed Ground Floor, prepared by Harry Poulos Architects	21.9.16
A-02	29	Proposed 1st Floor Street Entry Level, prepared by Harry Poulos Architects	26.9.16
A-03	22	Proposed 1st Floor Plan, prepared by Harry Poulos Architects	26.9.16
A-04	12	Proposed Roof & Site Plan, prepared by Harry Poulos Architects	29.9.16
A-05	14	Proposed Front Elevation, prepared by Harry Poulos Architects	8.9.16
A-06	16	Proposed RHS (South) Elevation, prepared by Harry Poulos Architects	23.9.16
A-07	16	Proposed Rear (East) Elevation, prepared by Harry Poulos Architects	23.9.16
A-08	17	Proposed LHS (North) Elevation, prepared by Harry Poulos Architects	22.11.16
A-10	25	Section A-A, prepared by Harry Poulos Architects	23.9.16
A-11	28	Section B-B, prepared by Harry Poulos Architects	23.9.16
A-13	12	Proposed Section D, prepared by Harry Poulos Architects	12.9.16
A – 30	04	Proposed Site Plan, prepared by Harry Poulos Architects	21.11.16

Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.

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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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.

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.

Trees to be retained must be protected from clearing or construction activities by:

(a)	clearly marking vegetation to be retained with flagging tape
(b)	installing protective fencing around the drip line of the vegetation
(c)	restricting  stockpiling,  storage  and  vehicle  parking to those areas high are already cleared
(d)	using low impact construction techniques around vegetation
Drainage and Earthworks
Fill material placed over services must not impose any additional surcharge loading on the service.

Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides and base of services).  A retaining wall must be provided to support the soil surrounding utility infrastructure where proximate to excavation activities.

Compaction with a vibrating roller must not be carried out within 600mm of any utility infrastructure.

Geotechnical Stability
All works must be carried out in accordance with the Geotechnical Investigation prepared by Golder Associates listed within this Decision Notice.

Coastal Protection
Gates must not be installed along the rear property boundary to gain direct access to the beachfront.

Landscaping consisting of native ground covers, shrubs and trees must be planted for a width of 2m from the rear seaward boundary in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.

External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.

ADDITIONAL CONDITIONS 1 JUNE 2015

Roof line
The roof must not extend seaward of a line drawn between the closest roof corner of the adjoining properties to the north and south as indicated on the approved plan A-02 revision 29.

Privacy Screens
The privacy screens located on the 1 first floor seaward deck must be provided in accordance with approved plan A-01 revision 29.
Deleted.

Deleted.

Undercroft
The undercroft area must not consist of hard pavement or the like and remain at natural ground level.

ADDITIONAL CONDITIONS 14 FEBRUARY 2017

Roof Terrace

21.	The roof terrace must be unroofed and must not be enclosed.

22.	The roof terrace must not create overlooking opportunities of the neighbouring properties open space areas or direct view into habitable windows/doors. In this regard, to ensure privacy is protected, if required, fixed screening devices must be positioned (to the north and/or south sides of the roof terrace) and/or the roof terrace reduced in size to obscure direct views into the habitable room windows/doors or to the private open space areas of the adjoining properties. Any screening devices must comply with the building height requirement of this Decision Notice.

Road Reserve Vegetation

23.	The existing vegetation in the road reserve may be removed. Removed vegetation must be replaced with 2 x 45 litre street trees (species must be either Banksia integrifolia or Acronychia imperforata) with a maximum 1m² mulched garden around the base of the trees. The street trees must be evenly spaced and setback a minimum of 2.5m from the edge of the road formation. The balance of the road verge must be turf which joins smoothly to existing ground levels.

referral agency conditions
Not Applicable
referenced document
Document No.	Rev.	Document Name	Date
137632184-001-R-	0	Geotechnical Investigation, prepared by Golder Associates	January 2013

advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
Anti-Discrimination Act 1991 (Queensland)
Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia
Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
ADDITIONAL ADVISORY NOTE – 14 February 2017
Property Driveway and Vehicle Crossover

The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for operational works is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
property notes
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for Building Work (All Building Works)
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Detached House Driveways Code
submissions
Not Applicable
reasons / grounds for appoval
Not Applicable
rights of appeal
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
other details
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice (20 January 2014) Changes to an Existing Approval (1 June 2015), Changes to an Existing Approval (14 February 2017)

Yours faithfully

Glen Conforti
Development Planner

Encl. 	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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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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