SUPERSEDED - Minor Change Existing Approval MCU18 0048.02 · MCU18/0048.02

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU18/0048.02  : JELDER
Your Reference:	SBA18-0387
5 July 2019
GJ Menzie
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 13 June 2019, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0048.02
Street address:	7 Arakoon Cres Sunshine Beach Qld 4567
Real property description:	Lot 780 RP 48111
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 11 June 2018.
Development Permit for Material Change of Use - Detached House.
In relation to the request to make a minor change to the existing approval, Council on 5 July 2019, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend condition 2.
currency period of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
When Conditions must be Complied With
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
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.201	3	Garage Level Plan, drawn by Aboda	26.04.18
WD.202	3	Main Level Plan, drawn by Aboda	26.04.18
WD.203	3	Upper Level Plan, drawn by Aboda	26.04.18
WD.204	3	Roof Plan, drawn by Aboda	26.04.18
WD.501	3	East Elevation, drawn by Aboda	26.04.18
WD.502	3	North Elevation, drawn by Aboda	26.04.18
WD.503	3	South Elevation, drawn by Aboda	26.04.18
WD.504	3	West Elevation, drawn by Aboda	26.04.18
WD.601	3	Section A, drawn by Aboda	26.04.18
WD.602	3	Section B, drawn by Aboda	26.04.18
WD.603	3	Section C, drawn by Aboda	26.04.18
WD.604	3	Section D, drawn by Aboda	26.04.18
WD.605	3	Section E (Driveway) , drawn by Aboda	26.04.18
5 July 2019
RFI#32		Balcony Balustrade GIA	15.04.19
RFI#28		Fence Heights	08.04.19
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Built form
External colours and finishes of the building must comprise of muted/environmental tones 0523 that blend with the natural environment.
The eastern balcony must have transparent balustrading.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Landscaping is to be provided between the side boundary and the length of the garage wall, so as to minimise the bulk of the wall.
The basement must comply with the ‘Basement’ definition in the Noosa Plan.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 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.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Trees in the road reserve must be protected from construction activities by:
clearly marking vegetation with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Site Access and Driveways
A sealed access driveway must be provided from Arakoon Crescent to all parking areas of the development. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 28045-DR1 prepared by SCG Consulting Engineers dated April 2018 and Council’s standard drawing RS-049 and RS-050.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken generally in accordance with drawing number 28045-SW1 prepared by SCG Consulting Engineers dated April 2018.
Geotechnical Stability
All works must be carried out in generally in accordance with the recommendations contained in the following:
The Soil Test and Footing Report, report number 28045(S) prepared by SCG Consulting Engineers dated 19 March 2018, and
The Slope Stability Assessment, report number 28045(SL) prepared by SCG Consulting Engineers dated 19 March 2018.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in The Soil Test and Footing Report, report number 28045(S) prepared by SCG Consulting Engineers dated 19 March 2018, and The Slope Stability Assessment, report number 28045(SL) prepared by SCG Consulting Engineers dated 19 March 2018 and that the development has a minimum factor of safety against landslip of 1.5 in the long term. *(Refer to advisory Note)
Earthworks and Retaining Walls
All fill, batters, retaining walls and associated foundations 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.
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.
Erosion and Sediment Control
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
referral agencies
Not applicable.
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Qualified Person
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:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access Driveway
Development Permit for Building Works	Private Certification
submissions
Not applicable.
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.
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice - MCU18/0048 – 11 June 2018
Generally in Accordance - MCU18/0048.01 – 27 August 2018
Decision Notice – Minor Change  – MCU18/0048.02 – 5 July 2019, with an amendment to conditions 2

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL