Council archive · source document
Minor Change Existing Approval DBW21/0208.01 {As Published}
Officer: Cameron Smith
Direct Telephone: 07 53296178
Our Reference: DBW21/0208.01
Your Reference: 211101.01
22 October 2024
KA McLennan & SJ Bruce
C/- Adams + Sparkes Town Planning
PO Box 1000
BUDDINA QLD 4575
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 28 August 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW21/0208.01
Street address: 38 Plover St Peregian Beach
Real property description: Lot 12 P 9313
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 2 May 2023
• Development Permit for Building Works Assessable Against Noosa Plan - Additions to
Dwelling House (Coastal Protection)
A. Approve the change.
B. Amend condition 2.
C. Amend the decision details of the existing approval as follows;-
Development Permit for Building Work assessable against the Planning Scheme -
Dwelling House (Coastal Protection)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the building commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
01 B Site Plan, prepared by applicant 23 May 2023
03.0 B Ground Floor – Proposed, prepared by 23 May 2023
applicant
03.1 B Upper Floor – Proposed, prepared by 23 May 2023
applicant
04.0 A Section 1, prepared by applicant 23 May 2023
04.1 A Sections 2, prepared by applicant 20 Feb 2023
04.2 - Sections 3, prepared by applicant 20 Feb 2023
04.3 - Sections 4, prepared by applicant 20 Feb 2023
05.0 B Elevations 2, prepared by applicant 23 May 2023
- - Site (Pool) Plan, prepared by applicant 12 Dec 2023
Annotated by Council
Building Height
3. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground surface.
Currency Period
4. This development approval lapses if the works have not substantially started by 2 May 2025,
unless an application to extend the currency period is approved by Council.
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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.
Built Form
6. The approved southern boundary wall is not to exceed a mean height of 3.5 metres and total
length of 9 metres as detailed on the approved plans.
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Environment
7. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, stormwater drain or adjacent properties.
Landscaping
8. A minimum of 20% of the site must be retained as soft landscaping.
9. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
10. 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 which are already
cleared
d. using low impact construction techniques around vegetation.
Coastal Protection
11. Rear fences adjacent to the beachfront must be designed and sited to be sympathetic to the
visual amenity of the beachfront, with no gate installed to provide direct access to the
beachfront. Any existing gate in the fence line must be removed.
12. External colours and finishes must be of muted/environmental tones that blend with the
natural environment and low-reflective roofing and cladding materials.
13. All lighting associated with all works approved as part of this application must be positioned
and managed to reduce sky glow and light spill onto the beach to minimise disruption to turtle
nesting and sea-finding behaviour of hatchlings. Management measures include reduced
intensity, long wavelength lights; shielded, low to the ground, and directed onto areas of
interest; low reflectance building surfaces and paint; and tinted external glass. The following
are to be incorporated into the works approved as part of this application:
a. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
must have 15% visible light transmittance tinting.
b. The number and wattage of lights must be minimised.
c. All lights must be recessed into structures and roof, and directed away from the turtle
nesting habitat.
d. No lighting is permitted on and/or around the roof of the building.
e. External feature lighting to the building must be positioned below 8 metres in height
f. No upward lights or vertical illumination of the building, vegetation or other structures
using lighting that shines into the sky to be used.
g. Pool lighting must be switched off after 8:00pm during nesting and hatching season
(October – May).
h. All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
14. Certification must be submitted to Council which certifies that the lighting requirements of
this Decision Notice have been met.
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ENGINEERING
Site Access and Driveway
15. A sealed access driveway must be provided from Plover Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval, be generally in accordance with BG & E’s Proposed
Driveway and Carport Layout Plan (SK-C-0001, Rev C) dated 17 February 2023 and must
include in particular:
a. a driveway crossover generally in accordance with RS-049, RS-050 and any
associated addendum;
b. a driveway and driveway crossover design with suitable vertical clearances that will
avoid B99 vehicles scraping or bottoming out when entering and exit the subject site;
and
c. the construction of the driveway crossover must not create any trip hazards in Council’s
road reserve, any reshaping of Council’s road reserve is limited to a maximum 1 in 10
grade and must be done so without the use of privately owned retaining structures.
16. An arborist report supporting the retention and removal of the existing trees must be
submitted and accepted by Council as part of the Operational Works application. The report
must be prepared by a suitably qualified arborist.
17. The construction of the access driveway must be done under the supervision of a suitably
qualified arborist to ensure the remaining vegetation is not adversely affected.
Stormwater Drainage
18. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval, be done so without the use of mechanical pumps or the like and without causing
scour or damage to the subject site or any adjoining properties.
Easements
19. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
20. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
21. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
22. All works must be carried out in accordance with a Geotechnical Report (or part thereof)
prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
Earthworks and Retaining Walls
23. All earthworks and associated batters must be undertaken in accordance with an Operational
Works approval and contained entirely within the subject site unless written permission from
the respective landowner(s) is provided to Council.
24. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
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Damage to Services and Assets
25. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
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:
Infrastructure Charges
1. 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
Building and Construction Industry (Portable Long Service Leave) Levy
2. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
3. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Qualified Person
4. 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:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years’ experience in the field of geotechnical engineering or
engineering geology.
Turtle Habitat Protection
5. To minimise the impact of development on turtle nesting sites and the sea-finding behaviour
of hatchlings, the following actions are recommended to be undertaken during construction of
the development:
a. Construction works are to be restricted to daylight hours during the turtle nesting and
hatching season (October – May).
b. Flood lighting must not be used from October – May (turtle nesting and hatching
season).
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6. All lighting should be positioned and managed to reduce sky glow and light spill onto the
beach to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings.
Management measures include reduced intensity, long wavelength lights; shielded, low to
the ground, and directed onto areas of interest; low reflectance building surfaces and paint;
and tinted external glass. The following should be incorporated into the development:
a. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) to
have 15% visible light transmittance tinting.
b. All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) to
be fitted with opaque blinds, to be drawn from 8:00 pm during turtle nesting and
hatching season (October – May).
c. Indoor and outdoor paint/surfaces/fixtures to be matte and dark in colour and have a
maximum reflectance value of 30%.
d. All outdoor lights to have a maximum of 2700 K correlated colour temperature (CCT).
All indoor lights to have a maximum of 3000 K CCT. All lighting (interior and exterior)
to avoid the use of halogen, metal halide, or fluorescent lights.
e. Amber LED (590-610 nm) or low pressure sodium lighting to be used as a standard.
Warm white is to be used only where colour rendition is required. LED lights should not
contain short wavelength blue light and supplier should be asked to provide spectral
power curve of requested LEDs to prove the absence of short wavelengths.
f. The number and wattage of lights to be minimised.
g. All lights to be recessed into structures and roof, and directed away from the turtle
nesting habitat.
h. No lighting should be located on the roof of the building.
i. All outdoor lights, including balcony lights, to be turned off between 8:00 pm and
sunrise during turtle nesting and hatching season (October – May).
j. External feature lighting to the building to be positioned below 10 metres in height and
turned off between 8.00 pm and sunrise during turtle nesting and hatching season
(October – May).
k. Upward lights or vertical illumination of the building, vegetation or other structures using
lighting that shines into the sky should not be used.
l. Where lighting is required for safety purposes (including all corridors above ground
level, stairwells, entry points etc.), the lighting of these areas should be activated by
proximity sensors or motion detectors with an associated deactivation of the lighting
after no more than 10 minutes during turtle nesting and hatching season (October –
May). For lighting in other areas, timers, proximity or motion activated light sensors
should be used wherever possible.
m. Decorative outdoor lighting should not be fitted to the buildings, open space or
recreation areas (e.g. Fairy/Christmas lights) during nesting and hatching season
(October – May).
n. Pool lighting to be switched off after 8:00 pm during nesting and hatching season
(October – May).
o. All exterior lighting to be shielded by a minimum of 30 cm vertical shielding.
7. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
7. PROPERTY NOTES
Not applicable.
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8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Stormwater, Earthworks, Driveway.
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 on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Cameron Smith
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 2 May 2023.
• Amended Plan Letter - 18 July 2023.
• Decision Notice - Minor DBW21/0208.01 – 18 October 2024;
Amend condition 2, amend description details of approval.
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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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