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Decision Notice - MCU21 0181 [As Published]

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                                                                               Officer:            Georgina Schramm
                                                                               Direct Telephone:   07 5329 6569
                                                                               Our Reference:      MCU21/0181
                                                                               Your Reference:     21.1883

               30 January 2024


               C Sun & CY Sun
               C/- Gaskell Planning Consultants
               PO Box 8103
               WOOLLOONGABBA QLD 4102
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 22 January 2024, Council decided to approve the
               application and issued a preliminary approval only, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              MCU21/0181

                   Street address:              13 Eumundi Noosa Road, Noosaville

                   Real property description:   Lot 1 RP 79817

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Preliminary Approval for Material Change of Use – Dual Occupancy
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

                       When Conditions must be Complied With
               1.      Amended plans and associated reports must be submitted to Council prior to any further
                       development applications being made and must include the following to the reasonable
                       satisfaction of the Manager, Development Assessment:
                       1.1. The development’s site coverage is not to exceed 40% of Lot 1 RP79817. Calculations
                            are to be undertaken in accordance with the administrative term of site cover as
                            contained in the Noosa Plan 2020.



               ABN 97.969.214.121                                                             PO Box 141
               noosa.qld.gov.au                                                        Tewantin QLD 4565
               [email protected]                                                        07 5329 6500
                                                                                                         Page 1 of 4
Document Set ID: 22780910
Version: 3, Version Date: 30/01/2024
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                      1.2. The development’s total landscaped area is to achieve a minimum of 40% of Lot 1
                           RP79817. Calculations are to be undertaken in accordance with the administrative term
                           of landscaped area as contained in the Noosa Plan 2020.
                      1.3. The development’s building height is not to exceed 8 metres from natural ground level,
                           except where the building’s central roof form and does not exceed 8.5 metres.
                      1.4. The western boundary setback of Unit 2 is to be increased to achieve a minimum
                           setback of 1.5 metres for the lower level, 2 metres (where greater than 4.5 metres),
                           and 2.5 metres (where greater than 7.5 metres). This is noting the building setback is
                           measured from the building’s outermost protection in accordance with the
                           administrative term of the Noosa Plan 2020.
                      1.5. The development roof form is to be consistent with the established Noosaville
                           character, including a minimum roof pitch of 5 degrees, with a minimum building eave
                           of 600mm along 75% of the perimeter of roof to provide a presentation consistent with
                           the Noosaville character.
                      1.6. Details of the proposed extent of fill and fencing heights are to be provided, and shown
                           on the architectural plans. The fencing heights are to be minimised as far as
                           practicable.
                      1.7. Provided plans clearing details the natural ground level, and the extent of fill and
                           fencing heights, with fencing height to be minimised as far as practicable.
                      Currency Period
               2.     This development approval lapses apses if the requirements of the conditions have not been
                      completed and lodged with Council by 22 January 2030, unless an application to extend the
                      currency period is approved by Council.
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Submission of Amended Plans Required
               1.     The conditions of this Decision Notice require resubmission of plan/s to Council with
                      amendments. Please address the amended plan/s to Council’s Development Assessment
                      Branch with the Reference No. MCU21/0181.
                      Infrastructure Charges
               2.     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.




                                                                                                      Page 2 of 4
Document Set ID: 22780910
Version: 3, Version Date: 30/01/2024

Page 3

               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required             Subject of the required Development Permit

                Development Permit for Material Change of Dual Occupancy
                Use

                Development Permit for Operational Works        Road work, Stormwater, Drainage work,
                                                                Earthworks, Landscaping, Vegetation Removal.

                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.
               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.
               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
               cc.    Unitywater




                                                                                                      Page 3 of 4
Document Set ID: 22780910
Version: 3, Version Date: 30/01/2024

Page 4

                                                                              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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Document Set ID: 22780910
Version: 3, Version Date: 30/01/2024

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