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Decision Notice - Minor Change - 132003 220763 1 [As Published] · 132003.220763.1
Officer: Samuel Osakwe
Direct Telephone: 07 5329 6316
Our Reference: 132003.220763.1
Your Reference: 3081
12 March 2024
KM McCartney
C/- Martoo Consulting Pty Ltd
15 Lake View Dr
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 27 November 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132003.220763.1
Street address: Noosa Dunes 2/512 David Low Way, Castaways Beach
Real property description: Lot 2 SP 111721
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 20 May 2003.
• Material Change of Use – Dwelling
• Operational Works – Landscaping
In relation to the request to make a minor change to the existing approval, Council on 12 March
2024, decided to approve the requested changes. The changes are detailed below.
A. Approved the change;
B. Amend condition 1; and
C. Include additional condition 25.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below, unless otherwise amended by these conditions.
Plan Rev. Plan/Document Name Date
No.
01 C Site plan – Proposed, prepared by plans2go 27/11/2023
02 C Garage & Beds 2/3 Floor – Proposed, prepared by plans2go 27/11/2023
03 C Living Floor & Bed 1 – Proposed, prepared by plans2go 27/11/2023
04 C Roof plan – Proposed, prepared by plans2go 27/11/2023
05 C North East & North West Elevation – Proposed, prepared 27/11/2023
by plans2go
06 C South West & South East Elevation – Proposed, prepared 27/11/2023
by plans2go
07 C Section Rear & Front, prepared by plans2go 27/11/2023
08 C Section 2, prepared by plans2go 27/11/2023
09 C Section 3, prepared by plans2go 27/11/2023
10 C Section 4, prepared by plans2go 27/11/2023
2. The proposed dwelling must not exceed two (2) storeys and eight (8) metres in height,
measured from the natural and finished ground level to the level of the highest point of the
structure.
3. All building works must be wholly contained within the building envelope applying to the site.
4. The developer is to undertake construction practices that prevent damage and destruction
of vegetation outside the building envelope. To this end, the building envelope is to be
delineated by tape or other means to limit encroachment by builders into the protected area.
5. Planting undertaken is to consist of species endemic to the Marcus Dunes area. It is intended
that all landscaping resemble the existing vegetation in the locality, being densely planted
and completely covering the ground.
6. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
7. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to
be completed prior to the premises being occupied and maintained at all times thereafter.
8. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use.
9. Security in the form of a cash bond or trading bank guarantee to the sum of $5000 must be
submitted, 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.
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10. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
11. This Development Permit for a material change of use of premises lapses if:-
11.1. the use or erection of a building or other structure associated with the use, has not
been commenced by 20 May 2007, unless application is made and approved by
Council for an extension; or
11.2. the use of any premises pursuant to the Development Permit ceases.
12. The developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for building works.
Land Development
Car Parking
13. Prior to occupation of the proposed dwelling, 2 off street car parking spaces (proposed within
a double garage) with a sealed access complying with AS2890.1 - 1993 shall be provided.
Stormwater Drainage
14. All on site stormwater including roof water is to be disposed of on site via an infiltration pit
and in a manner that does not compromise the stability of the site.
Earthworks
15. If any excavation work is required at or near any of the boundaries for the purpose of footing
and foundation construction, care must be taken to ensure no earthworks/batters extend over
the property boundary.
16. The site is located in a Sand Dune Problem Area and will require appropriate soil testing by
a Geotechnical Engineer and design of a soil retaining system by a Structural Engineer.
Clearance shall be obtained from Council’s Manager of Building as part of the process of
obtaining a Development Permit for Building works.
Erosion & Sediment Control
17. To protect the environment against siltation/sediment export or soil erosion as a result of this
development, an erosion and sediment control plan shall be submitted in conjunction with
any Development Permit for Building Works. Site control measures such as silt fencing,
controlled gravel access to the site and controlled disposal of waste, may be necessary. Prior
to commencement of building works, all physical site control measures shall be installed, and
the plan adhered to.
General
18. The alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
Building
19. A verification survey of the building is to be carried out 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 Planning
Scheme.
20. The Geotechnical report submitted as part of your application has been appraised and
approved subject to the following conditions:-
20.1. There is to be no uncontrolled discharge of water onto the slope;
20.2. Stripping of vegetation for construction purposes should be minimised. If vegetation is
destroyed it should be reinstated immediately after construction is completed;
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20.3. The use of vibratory equipment of any kind is not permitted to be used, including
vibrating rollers, the use of vibrating installation techniques for sheet piling and other
construction vibrations caused by excavating, earthmoving or demolition machinery or
other similar construction techniques.
Landscaping
21. The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines
and the approved Plan of Development. The approved plans are numbered tp-10 prepared
by Vast Environments dated march 03 and titled Planting Schedule and dated 20/5/03 and
may be amended by these conditions.
22. Landscaping is to be completed prior to the premises being occupied and maintained at all
times thereafter.
23. All vegetation beyond the building envelope is to be retained in accordance with the Plan of
Development and is to be clearly delineated during the construction phase.
24. All manholes, inspection pits and grates are to be raised to finished surface levels and kept
free of cover and be visible at all times to ensure prompt access in case of emergency.
Coastal protection/Building appearance
25. External colours and finishes of the dwelling must be of muted/environmental tones that
blend with the natural environment and have low-reflective roofing and cladding materials.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Advice
1. Lot 2 on SP111721 was known to be in an area contaminated by unexploded ordnance. Any
person acting on this permit shall exercise care when excavating. Should an object be found
the developer is to contact the local police immediately. The developer is responsible to
ensure all persons acting on this permit are aware of this advice condition.
2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
2.1. On a Sunday or public holiday, at any time; or
2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
3. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builder’s waste or rubbish shall not be permitted to enter or be
placed where it could reasonably be expected to move into a roadside gutter, stormwater
drain or a watercourse. On the spot fines apply for such offences.
Infrastructure Charges
4. 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. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
7. PROPERTY NOTES
Not applicable.
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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 Works
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.
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,
Samuel Osakwe
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 20 May 2003.
• Decision Notice - Minor – 132003.220763.1 – 12 March 2024, with an amendment to condition 1 and additional condition 25.
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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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Version: 4, Version Date: 12/03/2024
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