Minor Change Existing Approval DBW20 0041.01

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	DBW20/0041.01
Your Reference:	n.a
9 June 2022
Mr RS Davern, KA Davern
31 Tablelands Rd
COORAN  QLD  4569
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 10 May 2022, requesting a minor change to an existing development approval. Council on 1 June 2022 decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	DBW20/0041.01
Street address:	31 Tablelands Rd Cooran Qld 4569
Real property description:	Lot 322 MCH 4379
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 14 December 2020
Development Permit for Building Works - Additions to Dwelling House (Biodiversity)
In relation to the request to make a minor change to the existing approval, Council on 1 June 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 2
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
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
Job no. 51835 Sheet 3 of 18	B	Site Plan, prepared by Phill McGowan Drafting	03/05/2022
Job no. 51835 Sheet 5 of 18	B	Existing Floor Plan, prepared by Phill McGowan Drafting	03/05/2022
Job no. 51835 Sheet 6 of 18	B	Floor Plan, prepared by Phill McGowan Drafting	03/05/2022
Job no. 51835 Sheet 7 of 18	B	Elevation 1 & 2, prepared by Phill McGowan Drafting as amended in red by Council	03/05/2022
Job no. 51835 Sheet 8 of 18	B	Elevation 3 & 4, prepared by Phill McGowan Drafting as amended in red by Council	03/05/2022
Currency Period
The Currency Period for this development approval lapses if the use has not happened by the expiry of 4 years from the date of commencement of this approval unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Prior to issue of a Final Building Ceritifcate, Certification must be submitted to Council from a Licensed Surveyor which certifies that the height of the building extension does not exceed 8 metres above the finished ground level and the natural ground level.
Flooding and Minimum Floor Level
The finish floor level for the proposed new extension must not be lower than 77.65m AHD (the certified surveyed finish level for the existing house).
Prior to issue of a Final Building Ceritifcate, Certification must be submitted to Council from a Licensed Surveyor which certifies that the minimum floor height of the building extension is not less than 77.65m AHD.
The proposed works must be designed and constructed to allow unobstructed flood flows passage under the house, and taking into consideration minimising the potential of debris collection and impediment of flood flows.
Any use of the area beneath the proposed extension and the existing house must be flood compatible.
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:
Flooding Immunity and Compatibility
Where feasible, it is recommended that the existing house and/or new house extension be raised to achieve the current applicable Minimum Floor Level.
It is recommended that choice of building materials, including flooring, for the proposed house extension take into consideration minimising the potential of damage by flood water of inundation.
Any use of the area beneath the proposed extension and the existing house should be flood compatible.
Infrastructure Charges
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
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 Building Works	All building work (building 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

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 14 December 2020.
Decision Notice - Minor DBW20/0041.01; 1 June 2022; with an amendment to condition 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