Minor Change Existing Approval 132000.200186.1

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	132000.200186.1
Your Reference:	TP22/0170
11 July 2022
Sparks Architects
C/- Bartley Burns Building Certifiers &
Town Planners
Unit 1, 1027 Manly Rd
TINGALPA  QLD  4173
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 23 May 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:	132000.200186.1
Street address:	Noosa Dunes 21/512 David Low Way Castaways Beach Qld 4567
Real property description:	Lot 21 SP 111721
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 21 June 2000
Development Permit for Material Change of Use of Premises – Dwelling House in a Sand Dune Problem Area
Operational Works - Landscaping
In relation to the request to make a minor change to the existing approval, Council on 8 July 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend conditions 4 & 11
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Building
A verification survey is to be undertaken on the building by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the maximum building height above natural surface, required by the provisions of the Town Planning Scheme.
The developer shall prepare at his expense, a geotechnical report and is to submit the report for appraisal by Council’s nominated geotechnical consultant and for approval by the Manager of Building.  The report is to be accompanied by a fee of $1200 to cover the reasonable assessment costs of the consultant and the Manager of Building.  A Development Permit for building works must not issue until the report is approved and any relevant findings incorporated into the design of the building works to the satisfaction of the relevant assessment manager.
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 width of the driveway must be in accordance with the approved site plan WD1.2, prepared by Sparks Architects and dated 6 July 2022
Drainage of the garage and vehicle manoeuvring area shall be by gravity in accordance with Councils Schedule to the Planning Scheme section 3.4.4.12.
Lot 21 on SP111721 was known to be in an area contaminated by unexploded ordinance. Any person acting on this permit shall exercise care when excavating.
The proposed dwelling, building work or any construction shall not encroach into any areas depicted as ‘Natural vegetation in lots’ in the Plan of Development for this estate.  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.
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 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.
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are as per the following, and as may be amended by these conditions:
Plan No.	Rev.	Plan/Document Name	Date
WD.01	B	Title Sheet, prepared by Sparks Architects	06.07.2022
WD 1.2	B	Site Plan, prepared by Sparks Architects	06.07.2022
WD 1.3	B	Lower Floor Existing, prepared by Sparks Architects	06.07.2022
		Proposed residence 25.401.1, prepared by Andrew McKellar	April 2000
		Proposed residence 25.401.2, prepared by Andrew McKellar	April 2000
		Proposed Residence 25.401.3, prepared by Andrew McKellar	April 2000
WD 1.4	B	Lower Ground Floor - Demolition, prepared by Sparks Architects	06.07.2022
WD 1.5	B	Lower Ground Floor – Proposal, prepared by Sparks Architects	06.07.2022
WD 1.6	B	Lower Ground Floor – Set out plan, prepared by Sparks Architects	06.07.2022
WD 2.1	B	South Elevation, prepared by Sparks Architects	06.07.2022
WD 2.2	B	East Elevation, prepared by Sparks Architects	06.07.2022
		Landscaping Plan, prepared by Andrew McKellar	June 2000
This Development Permit for a material change of use of premises lapses if:-
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
the use of any premises pursuant to the Development Permit ceases.
Conditions for Operational Works - Landscaping
The site is to be landscaped in accordance with the approved plan of development. The approved plans are prepared by Andrew McKellar Designs and dated June 2000 and labelled Landscaping Plan and as 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 manhole covers and grates must not be buried and must be visible at all times to ensure prompt access in case of emergency.
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
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
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
DECISION NOTICE HISTORY
Original Decision Notice – 21 June 2000.
Decision Notice - Minor 132000.200186.1 – 8 July 2022 - Amend conditions 4 & 11

	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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