Council archive · source document
Decision Notice - Minor Change - 51994 1391 01 [As Published] · 51994.1391.01
Officer: Georgina Schramm
Direct Telephone: 07 53296569
Our Reference: 51994.1391.01
Your Reference: n/a
27 April 2023
Ms JC Mason & Z Kivior
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 6 March 2023, 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: 51994.1391.01
Street address: Belle De Jour 2/24 Edgar Bennett Ave Noosa Heads Qld 4567
Real property description: BUP 105473, Lot 2 BUP 105473
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 15 September 1994.
• Town Planning Consent TPC 2742 multiple dwelling (5 units)
In relation to the request to make a minor change to the existing approval, Council on 26 April
2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include the following additional condition 23.
3. CURRENCY PERIOD OF APPROVAL
Not applicable.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 7
Document Set ID: 22384973
Version: 4, Version Date: 27/04/2023
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 6 pages
Page 2
4. ASSESSMENT MANAGER CONDITIONS
1. Submission to and approval by Council of building plans in accordance with the Building Act,
Council’s By-Laws and Policies, the conditions of this approval and substantially in
accordance with plans 9438.01 to 9438.08 inclusive and the Shire of Noosa Planning
Scheme apart from where amendments are required or dispensations have been granted in
conjunction with this approval.
2. The Plans submitted for Building Approval are to comply with the following requirements:-
a. The roofing material is to be of a non-reflective nature.
b. The gross floor area of the building is not to exceed the maximum floor area as
permitted by the Planning Scheme.
c. Ensure that the underground carparking area is located 1.2 metres below the natural
ground surface and finished level. In this regard the northern side of the building may
require some modification to ensure that appropriate landscaping and mounding is
provided to the driveway area.
d. Provide details of the permanent balcony planters.
e. The rooftop terrace area comprising the storeroom and accessway is not to exceed
9m² in area in accordance with the Planning Scheme and is to be to the satisfaction of
the Shire Planner.
3. Provision of at least 8 off-street car parking spaces, comprising 5 covered spaces and 3
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Planning Scheme,
Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans and
specifications are these works are to be submitted to the Shire Engineer for approval in
conjunction with the Building Application. A Building Approval shall not be granted until the
Shire Engineer has approved of the carparking and access scheme.
Driveway access grades are to conform to Council’s Standards Drawing 9019. Details of
driveway grades are to be submitted to and approved by the Shire Engineer prior to the
release of the Building Approval.
The applicant is to note that modifications to the carpark layout and manoeuvring area is
required to the satisfaction of the Shire Engineer.
4. 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.
5. The open space and setback are to be landscaped in accordance with Council’s Policy on
Landscaping Guidelines and properly prepared landscape plan to be submitted to and
approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping
is to be completed in accordance with approved landscape plan, prior to the premises being
occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire
Planner.
The landscaping plans are to indicate the retention of the existing cypress tree at the front of
the site. It is also noted that there is an existing umbrella tree within the footpath. This
umbrella tree may be removed and replaced with a suitable street tree to the satisfaction of
the Shire Planner and Parks Foreman.
6. Any fencing provided in conjunction with the development is to be setback an average of two
(2) metres to any road frontage pursuant to clause 36 (6) (c) of the Schedule to the Planning
Scheme.
7. 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. The landscape
plans referred to above are to denote area of existing vegetation or existing tress proposed
to be retained.
Page 2 of 7
Document Set ID: 22384973
Version: 4, Version Date: 27/04/2023
Page 3
8. 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 Building Surveyor.
9. Payment of contributions in accordance with Council’s policy on Water Supply and Sewerage
Headworks. An estimate only of the charges as at June 1994, under the current policy is as
follows: -
Water Supply - $10,588
Sewerage $9,252
TOTAL $19,840
Please note that the headworks charges will alter in accordance with Price Index variations
or if any amendments is made to Council’s Policy.
Headworks contributions shall be calculated and paid in accordance with one of the following
alternatives:-
a. Prior to the issue of a Building Approval, in the amount calculated under the Policy at
that date: or
b. Deferred to the soonest of the following dates:-
i. Prior to Council sealing plans of the development for titling purposes;
ii. Prior to the issue of a Certificate of Classification for any building approved under
this application; or
iii. Prior to commencement of the approved use at the relevant premises.
Where the option of a deferred payment is used in accordance with b. above, the following
conditions shall also apply:-
A. Prior to the issue of a Building approval, a trading bank guarantee is to be submitted to
the value of the headworks which are due, plus 20%.
B. The subsequent payment of headworks shall include interest charges at the rate set by
the Queensland Treasury Corporation for Local Government borrowings as the apply to
Noosa Shire and current at the time the trading bank guarantee is submitted.
C. Should the contributions not be paid at the due time, Council shall call upon the sum
secured by the trading bank guarantee.
D. The trading bank guarantee will be returned on payment of the required contributions
plus interest or on expiry of the relevant Building Approval, whichever is sooner.
10. The footpath across the frontage of the site is to be upgraded by the provision of a 1.2 metres
wide concrete footpath and the forming, grassing and topsoiling of the remaining area to the
standards and requirements of the Shire Engineer. The applicant is to contact Council’s
Engineering Department to determine the footpath alignment prior to the commencement of
any works. A meandering footpath is desirable.
11. 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.
12. Connection to Council’s existing water supply and sewerage reticulation systems at the
developer’s expense to the standards and requirements of the Shire Engineer.
13. The developer shall provide metered water connections from the water supply system to the
proposed development, in accordance with Council’s standards and to the satisfaction of the
Shire Engineer.
Page 3 of 7
Document Set ID: 22384973
Version: 4, Version Date: 27/04/2023
Page 4
14. Roof and surface water is to be collected on site and is to be discharged through a single
underground drain line into existed drainage in Edgar Bennett Avenue to the satisfaction of
the Shire Engineer. A Building Approval shall not be granted until the Shire Engineer had
approved of the drainage scheme.
15. Provisions of approved refuse container in accordance with the requirements of the Refuse
Management Regulations of 1983 for the storage and collection of refuse to the satisfaction
of Council’s Environmental Health Officer.
16. Provision of any imperviously paved area to accommodate all refuse containers to the
reasonable satisfaction of Council’s Environmental Health Officer. This are is to be
aesthetically screened from any road frontage or adjoining property boundary and is to be
setback a distance of two (2) metres from any road frontage. A suitable hosecock, hoses and
approved drainage outlet are to be located in the vicinity of the refuse container area for
washing containers.
17. Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council’s
Health Department in accordance with the provisions of Chapter 43 of Councils By-Laws
prior to such letting.
18. The swimming pool shall be licensed annually with Council’s Health Department in
accordance with the provisions of Chapter 42 of Council’s By-Laws.
19. Submission of a cash bond or trading bank guarantee to the sum of $5,000 to secure
performance of conditions, prior to the issue of Building Approval. The cash bond or trading
bank guarantee will be returned upon performance of the conditions of approval.
20. The provisions of this approval are to be effected, prior to the commencement of the
approved use. Council reserves the right to call upon the bond or guaranteed sum referred
to in this approval to effect compliance with conditions.
21. The Town Planning Consent Permit may be revoked pursuant to Section 4014 of the Local
Government (Planning and Environment) Act if commencement of erection or works have
not been made in accordance with that Permit or the right conferred by that Permit are not
exercised within two (2) years of the date of issue of the permit.
22. The Town Planning Consent Permit lapses where:-
a. 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 Town Planning
Consent Permit, Unless application is made and approved by Council for and
Extension: or
b. The use of any premises pursuant to the Town Planning Consent Permit ceases for a
period of twelve (12) months.
Additional Condition – 26 April 2023
23. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below, in conjunction with plans listed in Condition 1,
unless otherwise amended by these conditions.
The approved plans in the below table relate to alterations and additions to Unit 2 only.
Plan No. Rev. Plan/Document Name Date
Edgar Bennet 2022 06 Proposed Floor Plan, prepared by 24 January 2023
JMF Design
Edgar Bennet 2022 07 Proposed Section, prepared by 24 January 2023
JMF Design
Page 4 of 7
Document Set ID: 22384973
Version: 4, Version Date: 27/04/2023
Page 5
Edgar Bennet 2022 08 Engineer's Notes & Specifications, 24 January 2023
prepared by JMF Design
Edgar Bennet 2022 09 Extended Room Cabinetry Details, 24 January 2023
prepared by JMF Design
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
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
7. PROPERTY NOTES
Not applicable.
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 Building Works All Building Works
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.
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
Page 5 of 7
Document Set ID: 22384973
Version: 4, Version Date: 27/04/2023
Page 6
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 15 September 1994.
• Decision Notice - Minor – 51994.1391.01 – 26 April 2023, include additional condition 23.
Page 6 of 7
Document Set ID: 22384973
Version: 4, Version Date: 27/04/2023
Page 7
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.
Page 7 of 7
Document Set ID: 22384973
Version: 4, Version Date: 27/04/2023
Used in these records
Decision Notice - Minor Change - 51994 1391 01 [As Published].pdfRelated documentApplication case desk ↗
About this file
- File size
- 158 KB (small file)
- File type
No other editions are linked here.