Minor Change Existing Approval 51988.2840.01

Officer: 	Nadine Gorton
Direct Telephone: 	07 53296215
Our Reference:	51988.2840.01
Your Reference:	n/a
15 June 2022
Body Corporate - Parkside Villas CTS 5777
C/- N Liesch
Parkside Villas
7/9 Parkedge Rd
SUNSHINE BEACH QLD 4567

[email protected]
Dear Sir,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 19 April 2022, 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:	51988.2840.01
Street address:	Parkside Villas 9 Parkedge Rd Sunshine Beach Qld 4567
Real property description:	BUP 9548
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 14 July 1988.
Town Planning Consent for multiple dwelling (9 units)
In relation to the request to make a minor change to the existing approval, Council on 15 June 2022, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend condition 1.
C. 	Include additional conditions 18 and 19.
currency period of approval
Not applicable.
assessment manager conditions
Submission to and approval by Council of building plans in accordance with the Building Act, Councils Bylaws and Policies and generally in accordance with the plan approved in this Consent and Proposed Site Plan Dwg No 1A (June 2022) and the Shire of Noosa Town Planning Scheme apart from where amendments are required or dispensations have been granted in accordance with this Consent
Provision of at least twelve (12) off-street car parking spaces, comprising 9 covered spaces and 3 uncovered spaces, and access thereto which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Town Planning Scheme, Council's Policies and to the reasonable satisfaction of the Shire Engineer.  Plans and specifications for these works are to be submitted to the Shire Engineer for approval in conjunction with the Building Application.
There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with the Noosa Design Manual and a properly prepared landscaping plan to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping is to be completed in accordance with the approved landscaping plan, prior to the reasonable satisfaction of the Shire Planner.
Existing trees are to be retained, except where required to be removed due to building operations or the conduct of the approved use.
Construction work is permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday, except where extended hours are approved by the Building Surveyor.
All lots that form part of this application are to be amalgamated in Title, prior to the issue of a Building Approval.
Payment of contributions in accordance with Council's Policy on Water Supply and Sewerage Headworks, current at the time of Building Approval. Calculations for Water Supply, based upon the current Policy including Price Index variation as at June, 1988, is estimated at $9771.
If payment is not proposed to be made prior to the issue of Building Approval, a cash bond or trading bank guarantee for the required amount is to be lodged prior to the release of that Approval. The contribution is then required to be made within fourteen (14) days of the issue of Building Approval.
The developer shall bear the cost of alteration of any public utility or facilities necessitated by the development of the land or associated construction works external to the site.
Connection to Council’s existing water supply reticulation system at the developer’s expenses to the standards and requirements of Council’s Shire Engineer.
Disposal of septic and sullage wastes on site to the satisfaction of the Shire Engineer. Plans prepared by a Registered Hydraulics Consultant are to be submitted and to be approved by Council's Building Surveyor, prior to the issue of a Building Approval.
The effluent disposal design is to be supported by a suitably qualified geotechnical engineer, which addresses the suitability of the site for on-site disposal of effluent. The applicant is to note that Council is currently designing a sewerage reticulation system for the area and it is required that the developer connect to this system at his expense.
Roof and surface water is to be collected on site and to be discharged through a single underground drain line into existing drainage in Parkedge Road to the satisfaction of the Shire Engineer.
Provision of approved refuse containers in accordance with the requirements of the Refuse Management Regulations of 1983 for the storage and collection of refuse to the satisfaction of Council's Health Surveyor
Any flat or unit intended to be let out for fee or reward is to be licenced annually with Council's Health Department in accordance with the provisions of Chapter 43 of Council's By-Laws prior to such letting.
The swimming pool shall be licensed annually with the Council's Health Department in accordance with the provisions of Chapter 42 of Council's By-Laws.
Submission of a cash bond or trading bank guarantee to the sum of $15,000, prior to the issue of Building Approval:
$10,000 against payment of water supply and sewerage headworks charges;
$5,000 to secure performance of conditions
The cash bond or trading bank guarantee may be returned to the applicant upon payment of conditions of approval.
This Consent may be revoked pursuant to Section 33 (16D) of the Local Government Act if substantial progress has not been made in the erection of any building or other structures in accordance with this Consent or the rights conferred by this Consent are not exercised in accordance with this Consent within two (2) years of the date thereof.
Additional conditions - 15 June 2022
Directional signage must be provided to direct visitors to the car parking spaces provided on site.
Visitor parking spaces are to be clearing marked for that purpose and accessible at all times for visitor use.
reasons for approval
Not applicable.
referral agencies
Not applicable.
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.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Not applicable.
submissions
No objections to the proposal were lodged with Council as a   result of the advertising of the application. Please find attached copies of parts of the Local Government Act which outline appeal rights in relation to Council's decision
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,

Nadine Gorton
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice –  TPC 2030 - 14 July 1988
Decision Notice – Minor - 51988.2840.01 – 15 June 2022, with an amendment to condition 1 and 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