Minor Change Existing Approval 132001.210102.1

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	132001.210102.1 : JELDER
Your Reference:	02288
12 June 2018
Mr CR Burton
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

[email protected] Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 14 March 2018, 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:	132001.210102.1
Street address:	Noosa Dunes 3/512 David Low Way Castaways Beach Qld 4567
Real property description:	Lot 3 SP 111721
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
The following type of approval was issued on 4 June 2001.
Development Permit for Material Change - Dwelling in a Sand Dune Problem Area.
Development Permit for Operational Works – Landscape.
In relation to the request to make a minor change to the existing approval, Council on 7 June 2018, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change
B.	Include the following additional Conditions 18 and 19.
currency period of approval
The currency period for this development approval is stated in Condition 16.1 of the Assessment Manager Conditions.
assessment manager conditions

Material Change of Use Conditions
Building
The Geotechnical report submitted as part of your application has been appraised and approved subject to the following conditions:-
There is to be no uncontrolled discharge of water onto the slope;
Stripping of vegetation for construction purposes should be minimised. If vegetation is destroyed it should be reinstated immediately after construction is completed;
Additional load due to fill, construction equipment or stockpiled materials should not be located on the dune slope;
The use of vibratory equipment of any kind is not permitted to be used, including vibrating rollers, the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques.
Land Development
Prior to occupation of the proposed dwelling, 2 off street car parking spaces with a sealed access complying with AS2890.1 - 1993 shall be provided.
The driveway shall be a maximum of 3.5 metres wide where it crosses the property boundary and the balance of the driveway within the lot shall be the minimum area required to provide access to the proposed garage.  The remainder of the driveway within the footpath shall also have a maximum width of 3.5 metres.
Lot 3 on SP 111721 was known to be in an area contaminated by unexploded ordnance, and as such,  any person acting on this permit shall exercise care when excavating.
The site is located in a Sand Dune Problem Area and will require appropriate soil testing by a Geotechnical Engineer and 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.
The proposed dwelling, building work, or any construction shall not encroach into any areas depicted on the Plan of Development for this estate as ‘Natural Vegetation in lots to Remain Untouched’.  Care shall be taken when excavating that earthworks batters do not extend into these areas nor extend over the boundary alignment at any other location.
Drainage of the roof and paved areas shall be by gravity in accordance with Councils Schedule to the Planning Scheme section 3.4.4.12.
All stormwater from roofs and impervious surfaces is to be collected and disposed of on site via an infiltration pit.  The pit shall be designed by a qualified Hydraulic Engineer to cater for a Q100 storm.  Design details shall be submitted in conjunction with an application for a Development Permit for Operational Works (Drainage).
The 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.
Any person acting on this permit shall be responsible for the prevention of erosion and sediment export from the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary.
A Development Permit for Operational Works for drainage and access shall be obtained prior to commencement of construction.  Plans shall also indicate any proposed retaining structures associated with access.
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered SK 01 to SK 07 prepared by Young Architects and dated April 2001 and as may be amended by these conditions.
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.
The court that exists on the northern elevation of the building must be wholly contained within the building envelope of the site.
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.
This Development Permit for a material change of use of premises lapses if:-
16.1	the use or erection of a building or other structure associated with the use, has not been commenced within four (4) years of the date of issue of the Development Permit, unless application is made and approved by Council for an extension; or
16.2	the use of any premises pursuant to the Development Permit ceases.
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.
Development undertaken in accordance with approval dated 7 June 2018 must generally comply with the approved plans of development. The approved plans for extensions to the dwelling are listed in the following table unless otherwise amended by these conditions.
Plan No.	Plan/Document Name	Date
A103	Area of residence, drawn by Canty Construction	28/11/2017
Additions to the dwelling must be in accordance with the setbacks required under the Plan of Development.
Landscaping Conditions
The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and the approved Plan of Development. The approved plans are numbered LA 01, prepared by Land Graphics dated 11-04-01 and may be amended by these conditions.
All vegetation at the rear of the site beyond the building envelope is to be retained in accordance with the Plan of Development.
Landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
All manholes, inspection pits and grates are to be raised to finished surface levels and kept free of cover and be visible at all times to ensure prompt access in case of emergency.
referral agencies
Not applicable
advisory notes
Not applicable.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit required	Subject of the required Development Permit
Building Works	Dwelling
Operational Works	Drainage and Access
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 – 132001.210102 (18221 DA) 4 June 2001
Decision Notice - Minor 132001.210102.1 - 7 June 2018 include additional Conditions 18 and 19.

	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