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Minor Change Existing Approval 51986 3024 02 [As Published]

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                                                                 Officer:            Maxwell Potter
                                                                 Direct Telephone:   53296245
                                                                 Our Reference:      51986.3024.02
                                                                 Your Reference:     210093

               9 September 2021


               JL Bates
               C/- Viva Property Group Pty Ltd
               PO Box 419
               INDROOROOPILLY QLD 4068
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 9 June 2021, requesting a minor change to an existing
               development approval. Council on 6 September 2021, decided your requested changes.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              51986.3024.02

                   Street address:              Noosa Pacific 18/24 Munna Cres Noosaville Qld 4566

                   Real property description:   Lot 18 BUP 8454

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 3 February 1987
                      Development Permit for Material Change of Use of Premises - Multiple Dwellings 38 Units
               In relation to the request to make a minor change to the existing approval, Council on 6
               September 2021, decided to approve the requested changes. The changes are detailed below.
               A.        Approve the change
               B.        Include additional conditions 31 - 33
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.




                                                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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Document Set ID: 21608824
Version: 4, Version Date: 09/09/2021
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               4.     ASSESSMENT MANAGER CONDITIONS

               1.        Compliance with all relevant provisions of the Town Planning Scheme, Chapter XLIV (Town
                         Planning) and other Council Policies,
               2.        The site shall be developed substantially in accordance with the plans forming part of and
                         approved with this application.
               3.        In accordance with Section 33 (16D) of the Local Government Act 1936, Council's approval
                         is valid for a period of two (2) years at the expiration of which period the Council may take
                         action to revoke its approval, if in the opinion of the Council substantial progress has not
                         been made in erecting the building or other structure the subject of the Consent Permit; or
                         the land, subject to the Consent Permit, is not being used substantially in accordance with
                         the purposes for which consent was granted,
               4.        To ensure compliance with any and all conditions of this approval Council will require that
                         you enter into a Bank Guarantee of $5000 to secure performance. The guarantee shall be
                         lodged with Council prior to the issue of a Building Permit. any costs incidental thereto will
                         be borne by the Developer
               5.        The conditions of this approval are to be completed prior to the occupancy of the building
                         and if this is not done, Council reserves the right to call on the bank guarantee lodged to
                         carry out the works involved,
               6.        Contributions shall be paid in accordance with Council's Policy on Water Supply and
                         Sewerage Headworks, such contributions shall be paid within fourteen (14) days of building
                         approval, Contributions shall be payable at the rate current determined in the rezoning
                         agreement,
               7.        Payment of any outstanding rates owing on the property.
               8.        This consent approval does not imply Building Approval, working drawings shall be
                         submitted in compliance with the Building Act 1975 as amended and shall be substantially
                         in accordance with the plans the subject of this consent. (Substantial variations will require
                         separate Council approval),
               9.        The approval herein is for Town Planning Consent only and does not imply that Council
                         approval will be granted to an application under the Building Units and Group Titles Act
               10.       Permanent covered car parking is to be provided on site for 38 vehicles together with space
                         for 10 visitor vehicles (uncovered)
               11.       All internal roadworks (including parking areas) and access from the existing frontage road
                         to connect to the internal roadworks shall be provided with a sealed pavement, which shall
                         be designed, drained, constructed and maintained in accordance with the standard and
                         requirements of the Shire Engineer.
                         Plans and specifications for the above works shall be submitted to the Shire Engineer for
                         approval prior to the issue of a Building Permit,
               12.       The Developer shall bear the cost of alteration of any public utility or facilities necessitated
                         by the development of the land or associated development external to the site.
               13.       Connection to Council's existing water supply reticulation at the Developer's expense to the
                         standards and requirements of Council's Building Surveyor.
               14.       Connection to Council's existing sewerage reticulation system at the Developer's expense
                         to the standards and requirements of Council's Building Surveyor,
               15.       Filling levels and floor levels of all buildings, other structures and car park area levels shall
                         be established to the requirements of the Shire Engineer. Such levels shall be provided
                         upon application to the Engineering Department


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Document Set ID: 21608824
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               16.       Filling, other development works or the erection of any buildings or other structures shall
                         be carried out so as not to cause any ponding of water on adjoining land or any blockage
                         or interference with natural watercourse or in any other way unduly affect adjoining
                         property.
               17.       No earthworks or filling shall be carried out on site until the issue of a Building Permit
               18.       Stormwater, including that from the roof, paved areas and lift well to be piped to Council’s
                         existing drainage system at the developers expense to the standards and requirements of
                         Council’s Building Surveyor.
               19.       An identification survey of the subject site is to be carried out by a Licensed Surveyor and
                         is to be submitted to Council at the time of foundation inspection by Council's Building
                         Surveyor or immediately thereafter. Such survey shall set out the boundaries of the site
                         and the position of the buildings on the site.
               20.       Landscaping shall be established and maintained in accordance with a landscaping plan
                         approved by Council. Such plan shall be prepared in accordance with the provisions of the
                         Noosa Design Manual. The applicant shall also landscape the park as Lot 16 Munna
                         Crescent as offered.
               21.       No signage is approved as part of this consent. Further application to Council is required
                         for signage prior to erection and regard shall be given to the Noosa Design Manual in
                         preparing such an application.
               22.       The subject site shall be cleared of noxious weeds prior to the issue of a Building Permit
                         by Council.
               23.       All lots that form part of this application shall be amalgamated in title prior to the issue of a
                         Building Permit.
               24.       Location points for mail delivery shall be to the requirements of Australia Post.
               25.       Any flat, unit, intended to be let out for fee or reward shall be licensed annually with
                         Council's Health Department in accordance with the provisions of Chapter 43 of Council's
                         By-Laws prior to such letting.
               26.       The premises shall be provided with refuse shutes and installed in accordance with
                         Council's Policy and provisions shall be made for the storage of refuse in bulk containers
                         with adequate access, off-street parking and access to the container by refuge collection
                         vehicles to the requirements of the Health Department.
               27.       Adequate facilities shall be provided in accordance with the provisions of the Refuse
                         Management Regulations 1983 for the storage and collection of refuge to the satisfaction
                         of Council's Health Surveyor.
               28.       The development shall be completed in accordance with the requirements of the rezoning
                         agreement between Council and the developer. Further application shall be necessary for
                         any jetty or marina to be attached to this site.
               29.       Further application shall be necessary for any jetty or marina to be attached to this site
               30.       Prior to the construction of the tennis court the developer shall submit an indemnity to the
                         effect that the Body Corporate will be responsible for removal and reinstatement of the
                         tennis court to such an extent as is necessary to allow Council practical access to the
                         existing sewer main for any necessary future maintenance works.
                         The Applicant's Solicitors shall be required to give an undertaking to give effect to this
                         requirement in establishing the Body Corporate and bonds held by Council will be retained
                         until these requirements are satisfactorily met.




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               New Condition 6 September 2021
               Approved Plans
               31.       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

                                Plan No.   Rev.   Plan/Document Name                                   Date

                                1          A      Existing and Proposed Roof Plan, prepared by Peter   -
                                                  Bates

                                1          -      Plan View, prepared by Peter Bates                   08/03/21

                                2          -      External Elevation, prepared by Peter Bates          08/03/21

               Building Height
               32.    The building must not exceed a maximum of 8 storeys.
               Rooftop Pergola
               33.    The approved pergola must not be enclosed and must remain of open and light weight design
                      and construction.
               5.     REFERRAL AGENCIES

               Not Applicable
               6.     ADVISORY NOTES

               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.
               7.     PROPERTY NOTES

               Not Applicable
               8.     VARIATION APPROVAL DETAILS

               Not Applicable
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required                 Subject of the required Development Permit

                Development Permit for Building Works               All building work.

               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.
               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


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Document Set ID: 21608824
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               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               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,




               Maxwell Potter
               Assistant Development Planner
               Enc:     Appeal Rights
                        Approved Plans/Documents



               DECISION NOTICE HISTORY
                    Original Decision Notice – 3 February 1987.

                    Decision Notice - Minor Change – 51986.3024.01 - Generally in
                     Accordance 18 May 2020

                    Decision Notice - Minor Change 51986.3024.02 – 6 September
                     2021; Additional conditions 31 - 33




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Document Set ID: 21608824
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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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Document Set ID: 21608824
Version: 4, Version Date: 09/09/2021

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