Council archive · source document
Minor Change Existing Approval 132003.220660.5 (As Published)
Officer: Tiani Bird
Direct Telephone: 07 5329 6245
Our Reference: 132003.220660.5
Your Reference: 0691
9 June 2025
Wemear Madoc P/L
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 14 November 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: 132003.220660.5
Street address: Bayview Woods 1/1-7 Bayview Rd, Noosa Heads Qld 4567
Real property description: Lot 1 SP 116707 SP 116707
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 2 May 2003.
• Development Permit for Material Change of Use of Premises (Dwelling in Special
Residential Zone)
In relation to the request to make a minor change to the existing approval, Council on 5 June 2025,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 1.
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
Land Use
Approved Plans
1. 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
A104 17 Proposed Site Plan – Survey Overlay, prepared by 30/04/2025
Collins Building Design
A204 17 Proposed Lower Level Floor Plan, prepared by 30/04/2025
Collins Building Design
A205 17 Proposed Main Level Plan, prepared by Collins 30/04/2025
Building Design
A206 17 Proposed Master Level, prepared by Collins 30/04/2025
Building Design
A207 17 Survey overlay Lower Level, prepared by Collins 30/04/2025
Building Design
A301 17 North & East Elevations, prepared by Collins 30/04/2025
Building Design
A302 17 South & West Elevations, prepared by Collins 30/04/2025
Building Design
A401 17 Propose Cross Section S1& S2, prepared by Collins 30/04/2025
Building Design
A402 17 Proposed Cross Section S3, prepared by Collins 30/04/2025
Building Design
2. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
3. 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.
4. Security in the form of a cash bond or trading bank guarantee to the sum of $10000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for operational 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.
5. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
6. The Development Permit for a Material Change of Use of Premises lapses if the use has not
happened by 31 December 2012, unless an application to extend the relevant period is
approved by Council.
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7. The developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for building works.
Land Development
Vehicle Access
8. The location of the existing 6.5 metre common vehicular access driveway connected to
Bayview Road and shared with Lot 2 SP 116707 and the existing 3.5 metre vehicle access
driveway to serve Lot 1 SP 116707 as detailed on Drawing Number 02037-Site Revision A
are suitable for the proposed development.
The Applicant shall confirm that the driveway grades comply with Council’s design standards
and to grades that prevent vehicles from scraping and/or bottoming. Should any driveways
be constructed to grades that do not comply with AS2890.1-1993 and AS2890.2-1989,
Council will require that the driveway be removed and reconstructed to levels that do comply.
The Applicant shall demonstrate that the existing driveway complies by submitting a
longitudinal section of the existing driveway and proposed garage floor level at a scale of
1:20 or 1:50 in conjunction with the Operation Works Permit (Access).
9. All vehicles shall enter and leave the site in a forward direction.
Construction Vehicle Access
10. Park Road has to be used to enter this area, and it is subject to a 9 tonne load limit. The
Shire Engineer has approved the use of Upper Bayview road for the delivery of specialised
items of equipment that are essential to the work to proceed and which exceed 9 tonnes load
limit. This envisages an excavator and concrete pump truck but does not include the routine
delivery of construction materials including concrete, nor does it include spoil removal. The
Applicant will need to apply for approval for each specialised item.
Carparking
11. A minimum of three (3) covered carpark spaces shall be provided on site.
12. The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for
user class 1 with a minimum head clearance (headroom) at any point of 2.2m.
13. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Roadworks Contributions
14. A roadworks contribution of $2,672 towards the Coastal Major Road Network shall be paid
to the Council prior to obtaining a Development Permit for Operational Works. This amount
will be subject to variations in the Price Index, All Groups Brisbane from March 2003 until the
date of payment.
Stormwater Drainage
15. Roof and surface water is to be collected on site and is to be discharged into the existing
inter allotment discharge pipe located adjacent to southern property boundary.
16. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
17. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
18. The site shall be connected to Council’s existing town water supply and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
Service Easements
19. A minimum setback of 2.1 metres shall be maintained from the private sewer in accordance
with the requirements of the Building Units and Group Titles Act, 1980.
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Earthworks
20. A Registered Professional Engineer Queensland shall certify all retaining wall and deep
footing designs and certify that he or she has supervised all engineering works an that all
works have been completed in accordance with the relevant Australian Standards and the
Morrison Geotechnic report dated 7th April 2003 and best engineering practice.
21. The site will require the design of a soil retaining system by a Structural Engineer. Clearance
shall be obtained from Council’s Manager of Building as part of the process of obtaining a
Development Permit for Building works.
22. A Geotechnical engineer must be on site to supervise and direct all excavations works and
foundation constructions (i.e. Level 1 supervision in accordance with AS 3798-1996). Such
work shall only be carried out during dry weather conditions. Should any risk of sand
movement occur - all work shall be suspended until steps (approved by the Geotechnical
Engineer in conjunction with Council’s Manager Building Services) have been taken to
ensure that no further slippage will result.
23. Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s
Engineering Design Standards Manual and so as not to cause the ponding of water on any
adjoining lands or the blockage of, or interference with, any natural watercourses.
This will require the design and construction of drainage pipes within the development site
that cater for drainage within the adjoining sites and in this regard a Development Permit for
Operational Works shall be obtained.
Erosion and Sediment Control
24. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required
to be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
Please note that prior to the commencement of any work on site all site control measures
shall be installed and the approved plan adhered to.
General
25. Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
26. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
27. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to
or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
5. REFERRAL AGENCIES
Not applicable.
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6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
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 ACH 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.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – 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 Building Code of Australia – Part D3 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) Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to
address equitable access and facilities in the building:
(a) The building and environs should be designed to meet the requirements of the Human
Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises”
and AS 1428.2
(b) Applicants should be aware that a “Disability Standard on Access to premises” is
currently being developed and most likely will impose changes on the Building Code of
Australia
(c) Any services and facilities in the building complex should allow independent, dignified
and equitable use of the services and facilities for all people.
Infrastructure Charges
3. 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.
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Building Dwelling
Operational Works Car Parking & Access, Stormwater Drainage,
Earthworks, Sediment & Erosion Control
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.
Yours faithfully,
Tiani Bird
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 2 May 2003.
• Decision Notice - Minor – 132003.220660.02 – 27 February 2007,
with an amendment to condition 6.
• Decision Notice - Minor – 132002.220660.03 – 16 June 2009, with
an amendment to condition 6.
• Decision Notice - Minor – 132003.220660.04 – 14 February 2011,
with an amendment to condition 6.
• Decision Notice - Minor - 132003.220660.05 – 5 June 2025, with
an amendment to condition 1.
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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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