Minor Change Existing Approval 132002.220527.2

Officer: 	Georgina Schramm
Direct Telephone: 	07 53296569
Our Reference:	132002.220527.2
Your Reference:	6119
9 May 2022
Artbeech Pty Ltd
C/- Gassman Development Perspectives
PO Box 392
BEENLEIGH  QLD  4207
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 23 March 2022, requesting a minor change to an existing development approval. Council on 9 May 2022, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132002.220527.2
Street address:	17 Webb Rd Sunshine Beach Qld 4567
Real property description:	Lot 1 RP 151243
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 3 February 2003
Development Permit for Material Change of Use - Extend Dwelling in Sand Dune Problem Area
In relation to the request to make a minor change to the existing approval, Council on 9 May 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Include additional Conditions 17, 18, 19 & 20
Amend Condition 15
Include Advisory Notes 2 & 3
currency period of approval
Not Applicable

assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered A-WD-1-03 Rev A, A-WD-1-02 Rev A, A-WD-1-01 Rev B and A-WD-1-04 Rev B prepared by Casa Concepts and dated 01 Sept 01 and as may be amended by these conditions.
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.
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.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not been commenced by 3 February 2007, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
Land Development
All stormwater drainage shall be collected on site and discharged to the existing drainage structures leading to the absorption pit in the north east corner of the lot.
All site stormwater drainage shall be by means of a gravity system.
The recommendations of the report prepared by Golder & Associates dated May 2002 as submitted by Bark Design shall be complied with in full.
If any excavation work are require at or near any of the boundaries for the purpose of footing and foundation construction, care must be taken to ensure no earthworks/batters extend over the property boundary.
To protect the environment against siltation/sediment export or soil erosion as a result of this development, an erosion and sediment control plan shall be submitted in conjunction with any Development Permit for Building Works.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. Prior to commencement of building works, all physical site control measures shall be installed, and the plan adhered to.
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and 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 transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
To protect the environment against siltation/sediment export or soil erosion as a result of this development, site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary.  Prior to commencement of building works, all physical site control measures should be installed.
Building
The geotechnical report submitted as part of your application has been appraised and approved subject to the following conditions:
There is to be no uncontrolled discharge of water onto the slope.
Stripping of vegetation for construction purposes should be minimised. If vegetation is destroyed it should be reinstated immediately after construction is completed.
Additional load due to fill, construction equipment or stockpiled materials should not be located on the dune slope.
The use of vibratory equipment of any kind is not permitted to be used, including vibrating rollers, the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques.
Copies of all inspection reports by engineers are to be submitted to Council within 5 business days of the inspection taking place.
The applicant shall pay Council’s reasonable costs in relation to any geotechnical advice sought by it in relation to this development provided that a quotation of the likely costs to be incurred be obtained from the Council’s consultants Messrs Coffey Geosciences Pty Ltd and that the amount of such costs be agreed to by the applicant before the advice is obtained.
The client is to re-engage the services of a suitably qualified engineer to oversee the piling works and copies of all inspection reports are to be submitted to Council within 5 business days of the inspection taking place.
Additional Conditions 26 May 2015
Amended 9 May 2022
Approved Plans
15.	Development undertaken in accordance with this change to existing approval 132002.220527.1 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/Document Name	Date
		Proposed Site Plan, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed Ground Floor Plan, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed First Floor Plan, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed East Elevation, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed North Elevation, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed West Elevation, prepared by PCA Architects as annotated by Council	26 May 2015
		Proposed South Elevation, prepared by PCA Architects as annotated by Council	26 May 2015
2184-TP-101	C	Site Plan prepared by Monumentous	21 January 2022
2184-TP-201	C	Pool Plan prepared by Monumentous	21 January 2022
2184-TP-202	C	Piano Room Plan prepared by Monumentous	21 January 2022
21884-TP-203	C	Outdoor Area prepared by Monumentous, as amended by Council	21 January 2022
2184-TP-401	C	Pool Sections prepared by Monumentous	21 January 2022
The caretakers flat must comply with the Self-Assessable provisions of the Detached House Code for Multiple Housing Type 1 – Relative or employee.
Additional Conditions 9 May 2022
17.	The ‘retractable pergola’ as identified on Plan No. 2184-TP-203-C, dated 21 January 2022, is not to be an enclosed space.
18. 	Excavation on the site is not to exceed 99 cubic metres of material.
19. 	The proposed works will include:
the replacement and relocation of a new swimming pool;
extension to the outdoor area into the landscaped area;
inclusion of a retractable pergola; and
part enclosure of a terrace for the purpose of an additional room.
20.	All works must be carried out in accordance with a Geotechnical Report for the site prepared by a qualified person*. Certification must be submitted to as part of the application for building works from a qualified person* which certifies that the site is not at risk from landslide emanating from the site or from other land.
*(Refer to Advisory Note)
referral agencies
Not Applicable
advisory notes
26 May 2015
No landscaping has been approved as part of this application. Should landscaping works be proposed seaward of the swimming pool, an Operational Works for landscaping application is required.
9 May 2022
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Infrastructure Charges
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.
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,

Georgina Schramm
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice -3 February 2003.
Decision Notice - Minor 132002.220527.1; 26 May 2015; include additional conditions 15 & 16; include Advisory Note
Decision Notice – Minor – 132002.220527.2; 9 May 2022; amend condition 15; include additional conditions 17-20; include Advisory Note

	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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