Changed Approval 131998.982104.1

Officer:	Wilhelm Koschade
Direct Telephone:	07 53296241
Our Reference:	131998.982104.1 (15246 DA)
Your Reference:	N/A
6 January 2017

Residential Villages (VIC) P/L, Fourteenth Dector Pty Ltd
C/- Suncoast Building Approvals
PO Box1054
MAROOCHYDORE  QLD  4558

Dear Sir

Change to an Existing Approval
Sustainable Planning Act 2009
I refer to your request to make a permissible change to an existing approval. On 6 January 2017, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	131998.982104.1 (15246 DA)
Street Address:	52 Seaview Tce SUNSHINE BEACH  QLD  4567
Real Property Description:	None available
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
Council on 14 December 1998 decided to issue the following type of approval:
Development Permit for Material Change of Use – Extension to a Dwelling House in a Sand Dune Problem Area.
In relation to the request to make a change to the existing approval, Council decided to:
A.	Approve a change to condition 7.
B.	Include an additional condition.
relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Decision Notice dated 14 December 1998, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Building
The plans submitted for a Development Permit for building works are to comply with the approved plans and the following requirements:-
The building application is to be accompanied by an additional copy of plans and geo-technical report together with a fee of $1000 for review of the report and design by Council’s Geo-Technical Consultants.
A boudnary relaxation application is requried for the proposed garage with in the 6 metre road froantge setback.  No further structures such as the proposed store or loggia would be approved to encroach within this setback.  A boundary relaxation would be required for any retaining walls to be constructd within the road or side boudnary setback.
Direct access from the dwelling into the pool enclosure will not be permitted.
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.
Engineering
The applicant shall obtain advice from Council’s Sewerage Engineer prior to the design of the effluent disposal system.  Following on from such advice, an effluent disposal system shall be designed by a suitably qualified consultant incorporating requirements of Council’s Sewerage Engineer and also the requirements of the geotechnical report  (ie, no waste water to be introduced to the top of the dunes)  to the requirements of the Shire Engineer prior to issue of a Development Permit for building works.
Stormwater is to be disposed via an absorption pit on site and so as to cause no scour or damage to adjoining properties to the reasonable satisfaction of the Shire Engineer.  Overflow shall be collected and carried down the frontal dune in a drainage pipe and dissipated at the toe of the dune.  No machinery is to be employed in construction of the pipe.  A design prepared by a suitably qualified consultant shall be approved by the Shire Engineer prior to issue of a Development Permit for building works.
The developer shall bear the cost of alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site.
The developer shall be responsible for the control of 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.  The developer shall be required to submit an erosion and sediment control plan.  This plan is to be approved by the Development Engineer, prior to the issue of a Development Permit for building works.
A $2,000.00 site bond is required to ensure compliance with this condition
Town Planning
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/Document Name	Date
September, 1998
9844 SK01	O4	Architectural Plan, prepared by Greg Gibbs Architects	September, 1998
January, 2017
SD.101	C	Site Plan, drawn by Kidd + Co	29/12/2016
SD.102	C	Lower Level Plan, drawn by Kidd + Co	29/12/2016
SD.103	C	Ground Plan, drawn by Kidd + Co	29/12/2016
SD.104	C	Roof Floor, drawn by Kidd + Co	29/12/2016
SD.105	C	Deck & Handrail Plan, drawn by Kidd + Co	29/12/2016
There is to be 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 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
the use of any premises pursuant to the Development Permit ceases.
The development approved under this permit, may not start until the developer has obtained the following associated Development Permits:-
Development Permit for building works.
Development Permit for plumbing and drainage works.
Development Permit for operational works for stormwater drainage.
Additional Condition 6/1/2017
The eastern and northern elevation of the first floor deck must not be enclosed and must remain an open structure.
referral agency conditions
Not Applicable.
property notes

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for Building Works
self assessable codes
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 – 14 December1998 Changes to an Existing Approval – 6 January 2017 with an amendment to condition 7 and an additional condition 12

Yours faithfully

Wilhelm Koschade
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]	
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