SUPERSEDED Minor Change Existing Approval MCU16 0155.03 · MCU16/0155.03

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296540
Our Reference:	MCU16/0155.03
Your Reference:	2020 8808
23 September 2021
Pure Building Approvals
PO Box 1632
BUDERIM  QLD  4556
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 8 September 2021, 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:	MCU16/0155.03
Street address:	8 Sandybanks Trk Noosa North Shore Qld 4565
Real property description:	Lot 17 SP 133159
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 6 January 2017
Development Permit for Material Change of Use of Premises – Dwelling House in Riparian Buffer Area
In relation to the request to make a minor change to the existing approval, Council on 17 September 2021, 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 4 years starting the day that the original development approval MCU16/0155 took effect.
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
Approved Plans – 19 May 2020
TP301	TP1	Site Plan, prepared by Teeland Architects As annotated by Council	05.03.2020
TP302	TP1	House Site Plan, prepared by Teeland Architects	05.03.2020
TP303	TP1	Ground Floor Plan, prepared by Teeland Architects	05.03.2020
TP304	TP1	Ground Floor House Plan, prepared by Teeland Architects	05.03.2020
TP305	TP1	Ground Floor Pool & Guest Plan, prepared by Teeland Architects	05.03.2020
TP400	TP1	Main House North & East Elevations, prepared by Teeland Architects	05.03.2020
TP401	TP1	Main House South & West Elevations, prepared by Teeland Architects	05.03.2020
TP402	TP1	Guest Suite Elevations, prepared by Teeland Architects	05.03.2020
TP403	TP1	Pavilion Elevations, prepared by Teeland Architects	05.03.2020
TP504	TP1	Section E, prepared by Teeland Architects	05.03.2020
Approved Plans – 17 September 2021
298_101.4	-	Ground Floor Studio, prepared by Maddock	09/03/21
298_101.1	-	Ground Floor, prepared by Maddock	09/03/21
298_102.1	-	Roof Plan, prepared by Maddock	09/03/21
298_102.2	-	Ground Floor Studio, prepared by Maddock	09/03/21
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground surface.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $3,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
Existing trees on the site and within road reserves must be retained, except where required to be removed to accommodate the approved dwelling.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Flood Immunity, Drainage and Earthworks
The minimum floor levels of all habitable rooms must be must be the greater of the following:
the minimum specified floor level if in an area where minimum floor levels are available
300mm above the modelled flood level if in an area where flood modelling is available
300mm above the highest known flood level if in an area where flood modelling is not available.
Bush Fire & Vegetation
The development must be carried out in accordance with a bushfire management plan, generally in accordance with the recommendations outlined in the Bushfire Attack Level (BAL) Assessment prepared by The Consultancy Bureau Pty Ltd dated November 2019.
No vegetation clearing is approved for bushfire management purposes as part of this approval for the detached house and associated outbuildings and structures.
One Household Only
The premises must be used in accordance with The Noosa Plan definitions for a Detached House and must be for the exclusive use of one household only.
The premises must not be used as Multiple Housing and/or Visitor Accommodation or any other residential use as defined by The Noosa Plan.
The existing studio must be reclassified as a class 10a structure.
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:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
3	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
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
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,

Wilhelm Koschade
Development Planner

Enc:	Appeal Rights
DECISION NOTICE HISTORY
Original Decision Notice -6 January 2017.
Decision Notice - Minor MCU16/0155.01 – 19 May 2020, with an amendment to conditions 2 and additional conditions 8-12
Decision Notice – GIA – MCU16/0155.02 -  28 August 2020
Decision Notice – Minor – MCU16/0155 – 17 September 2021, with 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