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Existing Approval

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                                                               Officer:            Glen Conforti
                                                               Direct Telephone:   07 53296241
                                                               Our Reference:      51986.3023.02
                                                               Your Reference:     n/a

               19 November 2020


               Body Corp - La Mer Noosa Cts7193
               C/- Pivotal Perspective Pty Ltd
               4/59 Mary St
               NOOSAVILLE QLD 4566
               [email protected]



               Dear Sir
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 1 October 2020, requesting a minor change to an existing
               development approval. Council on 17 November, 2020, decided your requested changes.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              51986.3023.02

                   Street address:              37 Hastings St Noosa Heads Qld 4567

                   Real property description:   BUP 8083

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 20 January 1987
                      Town Planning Consent for Multiple Dwelling of 9 Units and 4 Shops
               In relation to the request to make a minor change to the existing approval, Council on 17 November
               2020, decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change
               B.      Amend condition 21
               C.      Include additional conditions 37 – 43




                                                PO Box 141                  P. (07) 5329 6500      [email protected]
                                                TEWANTIN QLD 4565           F. (07) 5329 6501      www.noosa.qld.gov.au
                                                                                                                 Page 1 of 6
Document Set ID: 21299686
Version: 4, Version Date: 19/11/2020
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               3.     ASSESSMENT MANAGER CONDITIONS

               To be read in conjunction with previous approvals for TPC 1845
               Amended conditions April 2015
                      Approved Plans
               35.    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
                           WD.202      P4     Roof Terrace Plans, prepared by Carol Tretheway        February 2015
                                              Design
                           WD.203      P4     Roof Plans, prepared by Carol Tretheway Design         February 2015
                           WD.601      P4     Sections, prepared by Carol Tretheway Design           February 2015

                      Building Height
               36.    The maximum height of the vergola must not exceed the height of the existing structure or
                      that indicated on the approved plans whichever is the lessor.
               The alfresco dining and BBQ area on the north and western sides must not be enclosed by
               permanent fixtures such as shutters, louvres, glass paneling or the like
               Amended conditions 17 November 2020
               21.    (Amended 17 November 2020) Landscaping shall be established and maintained in
                      accordance with Project Plan No. 2022009 Rev (B), titled Landscape Plan, Plant Schedule
                      Specifications, prepared by John Hope Design and PSP 2 Landscaping. To minimise the
                      extent of hard pavement, the approved landscape plan must include the following
                      amendments:
                      a.      The garden adjacent to the western entry stairs ( high side) must be a minimum of
                              0.75m wide for its full length proposed, including the portion along the northern
                              boundary; and
                      b.      The eastern garden starting from the pool extending to the stairs near the new shower
                              must be a minimum of 0.75m wide and must include 1 feature tree that grows to a
                              minimum height of 3m.
                      c.      Vegetation in the garden outside the northern property boundary must be retained;
                      d.      The amended plan must be submitted to Council prior to the issue of a building permit
                              for the works.
                      17 November 2020 - Approved Plans
               37.    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
                           202009      (B)    Landscape Plan, Plant Schedule, Specifications,        N/D
                                              prepared by John Hope Design and as annotated by
                                              Council
                           WD 1.3      A      Ground Floor Plan – proposed, prepared by Sparks       07.10.20
                                              Architects
                           WD 1.4      A      Pool Floor Plan – existing + demolition, prepared by   07.10.20
                                              Sparks Architects




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                           WD 1.5        A      Pool Floor Plan – proposed, prepared by Sparks           07.10.20
                                                Architects and as annotated by Council
                           WD 2.1        B      North Elevation, prepared by Sparks Architects           28.10.20
                           WD 2.2        A      East Elevation, prepared by Sparks Architects            07.10.20
                           WD 2.3        A      West Elevation, prepared by Sparks Architects            07.10.20
                           WD 3.3        A      Section C, prepared by Sparks Architects                 07.10.20
                           WD 3.5        A      Section E, prepared by Sparks Architects                 07.10.20
                           WD 3.6        A      Section F, prepared by Sparks Architects                 07.10.20
                           WD 3.7        A      Section G, prepared by Sparks Architects                 07.10.20
                           WD 8.4        A      Pool internal Elevation, prepared by Sparks Architects   07.10.20

                      Performance Bond
               38.    Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
                      be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
                      start meeting. 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.
                      Works
               39.    All works must be undertaken outside of all school holidays.
               40.    The 2 pathways connections extending from the site at the eastern and western beach
                      access points to the Council boardwalk must:
                      a.      be constructed in accordance with the approved plan;
                      b.      be constructed with a suitable slip resistant surface;
                      c.      be constructed at the same level as the adjacent boardwalk and match smoothly with
                              the boardwalk; and
                      d.      the adjacent landscaped areas must be filled to the level of the pathway to eliminate
                              any trip/fall hazard.
               41.    A Construction Management Plan must be submitted to and approved by Council prior to the
                      issue of a Building Permit. The Construction Management Plan must address the following:
                      a.      site access points for workers, deliveries and heavy machinery;
                      b.      traffic management during all aspects of the construction phase including:
                              i.       a Traffic Management Control Plan in accordance with the Manual of Uniform
                                       Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
                                       control measures prior to construction;
                              ii.      maintenance of safe pedestrian access for the areas affected by the works during
                                       and after daily construction has ceased;
                              iii.     proposed fencing to the site during the construction phase of the development;
                                       and
                              iv.      provision for worker car parking and delivery/waste areas.
                      c.      maintenance and protection of water quality and existing drainage lines through the
                              construction site, through the implementation of appropriate erosion and sediment
                              control measures;
                      d.      works programme identifying key components of the works and their respective
                              durations


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                      e.      establishment of a communication protocol with the general public, adjoining owners,
                              emergency services and local businesses to advise of agreed construction times,
                              impacts on traffic, services and other relevant issues
                      f.      identification of complaint management procedures including:
                              i.       contact details for the on-site manager;
                              ii.      dispute resolution procedures; and
                              iii.     signage locations displaying the abovementioned details
                      g.      details on the location of external fill/dump sites/sources, the haulage route, type of
                              vehicle to be utilised during operations and frequency of usage. NB any damage to the
                              existing road system as a result of haulage operations must be fully repaired at the
                              applicant’s expense.
               42.    Prior to any works (including demolition works) commencing a pre-start meeting is required.
               43.    Council must be contacted at least 5 working days prior to any works commencing to
                      organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
                      pre-start meeting must include the relevant parties for the following aspects of the works:
                      a.      Demolition and building;
                      b.      Civil engineering works;
                      c.      Landscape works;
                      d.      Erosion and sediment control works;
                      e.      Other relevant parties.
               4.     REFERRAL AGENCIES

               Not Applicable
               5.     ADVISORY NOTES

               The following Advisory Notes are for information purposes only and do not form conditions of
               approval:
                      Equitable Access and Facilities
               1.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia – (Volume One)
                      Part D3 as they relate to people with disabilities. Your attention is also directed to the fact
                      that in addition to the requirements of the National Construction Code as they relate to people
                      with disabilities, one or both of the following may impact on the proposed building work:
                      (a)          The Disability Discrimination Act 1992 (Commonwealth)
                      (b)          The Anti-Discrimination Act 1991 (Queensland)
                      (c)          The Disability (Access to Premises – Buildings) Standards
                      Aboriginal Cultural Heritage Act 2003
               2.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
                      approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
                      The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
                      carries out an activity must take all reasonable and practicable measures to ensure the
                      activity does not harm Aboriginal cultural heritage.” It is an offence to fail to comply with the
                      duty of care. Substantial monetary penalties may apply to individuals or corporations
                      breaching this duty of care. Injunctions may also be issued by the Land and Resources
                      Tribunal, and the Minister administering the Act can also issue stop orders for an activity that
                      is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of
                      Aboriginal cultural heritage.



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                        You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any
                        obligations under the ACH Act.
                        New Advisory Note – 17 November 2020
               3.       A separate council permit is required for any works in the public space.
                        Infrastructure Charges
               4.       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.
               6.       PROPERTY NOTES

               Not Applicable
               7.       VARIATION APPROVAL DETAILS

               Not Applicable
               8.       FURTHER DEVELOPMENT PERMITS REQUIRED

               Not Applicable
               9.       SUBMISSIONS

               There were 10 properly made submissions about the original application
               10.      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.
               11.      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,



               Glen Conforti
               Development Planner
               Enc:     Referral Agency Response
                        Appeal Rights
                        Approved Plans/Documents

               DECISION NOTICE HISTORY
                    Original Decision Notice - 20 January 1987

                    Decision Notice - Minor 17 February 1987

                    Decision Notice Minor – 17 November 2020 – Amend condition 21;
                     include additional conditions; include additional Advisory Note




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Page 6

                                                                              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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Version: 4, Version Date: 19/11/2020

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