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Minor Change Existing Approval DBW21 0175 01 · DBW21/0175.01
Officer: Georgina Schramm
Direct Telephone: 07 53296569
Our Reference: DBW21/0175.01
Your Reference: 19166
2 January 2024
Ausmar Homes
C/- Suncoast Building Approvals
PO Box1054
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 18 October 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: DBW21/0175.01
Street address: 70 Lorikeet Dr Peregian Beach Qld 4573
Real property description: Lot 910 P 93121
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 19 April 2022.
• Development Permit for Building Works - Dwelling House
In relation to the request to make a minor change to the existing approval, Council on
20 December 2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 2.
C. Delete condition 5.
D. Include additional condition 27 and 28.
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 commencing, and then compliance maintained at all times while the use continues.
Approved Plans
2. 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
Sheet 01 of 22 F Render - Facade – prepared by Ausmar 09/11/2023
Sheet 02 of 22 F Site Plan – prepared by Ausmar 09/11/2023
Sheet 03 of 22 F Ground Floor Plan – prepared by Ausmar 09/11/2023
Sheet 04 of 22 F Upper Floor Plan – prepared by Ausmar 09/11/2023
Sheet 05 of 22 F Elevations Front and Left, prepared by 09/11/2023
Ausmar
Sheet 06 of 22 F Elevations Right and Rear, prepared by 09/11/2023
Ausmar
Sheet 07 of 22 F Elevations (renders), prepared by Ausmar 09/11/2023
Sheet 08 of 22 F Elevations (renders), prepared by Ausmar 09/11/2023
Sheet 14 of 22 F Roof Plan, prepared by Ausmar 09/11/2023
Sheet 15 of 22 F Sections, prepared by Ausmar 09/11/2023
Sheet 16 of 22 F Sections, prepared by Ausmar 09/11/2023
Currency Period
3. This development approval lapses if the use has not happened by 19 April 2024, unless an
application to extend the currency period is approved by Council.
Performance Bond
4. 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.
5. Deleted
Amenity
6. A privacy screen with a minimum height of 1.8 metres is to be placed along the length of the
pool and pool deck on the northern boundary to ensure no overlooking is permitted to the
adjoining property to the north.
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Landscaping
7. A minimum of 20% of the site must be retained as soft landscaping.
8. At least one screening tree must be planted on both sides of the driveway in accordance with
Council’s Planning Scheme Policy PSP2 - Landscaping. The planted vegetation must have
a minimum pot size of 45 litres and consist of native, endemic species.
Coastal Protection
9. Gates must not be installed along the eastern property boundary to gain direct access to the
beachfront.
10. External colours and finishes of the building must comprise of muted/environmental tones
that blend with the natural environment.
ENGINEERING
Site Access and Driveways
11. A sealed access driveway must be provided from Lorikeet Dr to all parking and manoeuvring
areas of the development. These proposed works must be undertaken with written approval
in accordance with Noosa Council driveway crossover approval conditions and adopted
standard drawings for the crossover type as required by the planning scheme.
Stormwater Drainage
12. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge without causing scour or damage to the subject site or any adjoining property. The
works must be undertaken in accordance with a site-specific Stormwater Management Plan
(SWMP), prepared by a suitably qualified person. The SWMP must include an onsite
infiltration system without the need for pumps.
13. The site specific SWMP must be approved as part of the subsequent Building Permit.
14. The site specific SWMP must be consistent with the site-specific geotechnical report’s
recommendations.
15. Private drainage structures must be wholly contained within the subject site.
16. The stormwater drainage discharge from the development must be carried out in accordance
with a professionally prepared engineering plan in compliance with the applicable standards
and best engineering practices.
17. The development works must not cause additional ponding of water on any adjoining
property (including the road reserve) or concentrate or direct overland flow to any adjoining
property.
Easements
18. 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.
19. 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.
20. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
21. Earthworks carried out on site must not affect the structural integrity of any of the adjoining
lands and/or buildings and/or structures and/or services.
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22. All works must be carried out in accordance with a Geotechnical Report (or part thereof)
prepared by a qualified person* and endorsed through the Building Permit. The geotechnical
report must identify the building foundation requirements and stability considerations
necessary for the stability of the subject site (and associated ancillary structures) and the
adjoining properties for the longer term.
*(Refer to Advisory Notes)
23. The site-specific geotechnical report must be consistent with the site specific SWMP’s
recommendations.
24. All retaining walls and associated foundations/footings must be wholly contained within the
lot they support.
25. All earthworks and associated retaining structures/batters, both above and below ground
level and both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
26. 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.
Additional conditions – 20 December 2023
Car parking
27. The manoeuvring and storage of vehicles are to be in accordance with the approved plans,
Australian Standards and Noosa Plan 2020.
Landscaping
28. Prior to the commencement of the use, a mix of native landscaping, such as ground covers,
shrubs and trees, is provided for a width of 5 metres from the rear boundary, to provide
adequate buffering to protect the coastal dune system. Landscaping species to are to be in
accordance with Table 3.1 & 3.2 of Planning Scheme Policy PSP2 of the Noosa Plan 2020.
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
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Resubmission of Amended Plans Required
2. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. DBW21/0175.
Qualified Person
3. 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.
Property Driveway and Vehicle Crossover
4. The planning scheme declares the construction of a driveway and vehicle crossover to the
property to be accepted development against the Low Density Housing Code where
complying with the relevant Acceptable Outcomes. In addition to the benchmarks
for accepted development subject to requirements for driveway and crossovers, approval is
required from Council to construct or modify all crossovers (refer to Council’s website).
Where the proposed driveway and vehicle crossover does not comply with each Acceptable
Solution contained in the Code, a Development Permit for Operational Works is required to
be obtained from Council.
5. The storeroom is only suitable for housing a motorbike, scooter and the like. It is not suitable
for storing other motor vehicles, due to the configuration and size. Noting, the space is not
able to be used as an additional car space for the purpose of a Home based business or
alike.
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 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.
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.
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Yours faithfully
Georgina Schramm
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 19 April 2022
• Decision Notice - Minor DBW21/0175.01 – 20 December 2023, with an amendment to condition 2 and additional conditions 27
and 28 and deletion of condition 5
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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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