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Minor Change Existing Approval 51986 3024 02 [As Published]
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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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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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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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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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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