Minor Change Existing Approval 51989.1635.02

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	51989.1635.01 : JELDER
Your Reference:	n/a
2 July 2020
CP Caple
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566

[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 28 May 2020, 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:	51989.1635.02
Street address:	Mykonos Noosa 1/37 Duke St Sunshine Beach Qld 4567
Real property description:	Lot 1 BUP 10951
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 23 February 1989.
Town Planning Consent for Multiple dwelling (3 units)
In relation to the request to make a minor change to the existing approval, Council on 29 June 2020, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend conditions 2, 27 (and heading above Condition 27), and 32.
C.	Delete conditions 30 and 31.
D.	Amend advisory note.
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Submission to and approval by Council of building plans in accordance with the Building Act, Council's By-laws and Policies, the conditions of this approval and substantially in accordance with plans 9436-01 and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.
The plans submitted for Building Approval are to comply with the following requirements:
(a)	Front and rear setbacks to be a minimum six (6.0) metres.
(b)	The setback to the second storey of Unit 2 to the south eastern side boundary is to be a minimum 3.5 metres.
Provision of at least four (4) off-street car parking spaces, comprising 3 covered spaces and 1 uncovered space, 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.
In this regard an uncovered visitor car parking space is to be provided in a prominent and accessible location near the Duke Street road frontage.
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 premises being occupied and maintained at all times thereafter 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.  Existing trees in all setback areas (exclusive of driveways) are to be retained.  In this regard the landscaping plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
Construction work is permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday and no construction work is permitted on public holidays, 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.  Infrastructure contributions will be applied at a total demand of 9EP for Water Supply Headworks and 9.9EP for Sewerage Headworks.
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 footpath across the frontage of the site is to be upgraded by the provision of a 1.2 metre wide concrete footpath, which is to be generally located 0.9 metres from the property alignment in conjunction with general upgrading involving the forming, grassing and topsoiling to the satisfaction of the Shire Engineer.
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 and sewerage reticulation systems at the developer's expense to the standards and requirements of Council's Shire Engineer.
Roof and surface water is to be collected on site and to be discharged through a single underground drain line into existing drainage in Duke Street 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.
Provision of an imperviously paved, drained and enclosed area to accommodate all refuse containers to the reasonable satisfaction of council's Health Surveyor.  This area is to be aesthetically screened from any road frontage or adjoining property boundary and is to be setback a distance of two (2) metres from any road frontage.  A suitable hosecock and hoses to be located in the vicinity of the refuse container area.
Any flat or unit intended to be let out for fee or reward is to 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.
The outdoor spa 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 $5000 to secure performance of conditions, prior to the issue of Building Approval.  The cash bond or trading bank guarantee may be returned to the developer upon performance of the conditions of approval.
The provisions of this Town Planning Consent are to be effected, prior to the commencement of the specific use granted under this Consent Council reserves the right to call upon the bond or guaranteed sum referred to in this approval for the purposes of litigation should the use not be conducted in accordance with this Approval.
Additional Condition
This approval lapses where:-
20.1	the use or erection of a building or other structure associated with the use, has not been commenced within two (2) years of the date of issue of the approval, unless application is made and approved by Council for an extension; or
20.2	the use of any premises pursuant to the approval ceases for a period of twelve (12) months.
Additional Conditions
A minimum 3.5m wide access from the Duke St frontage of the site to Unit 1 is to be constructed to Council’s Design Standards in accordance with plan 20546 dated November 2000 prepared by Rienmac Pty Ltd. A Development permit for Operational Works shall be obtained prior to the commencement of works.
The existing driveway area on Lot 389 adjacent to the northern boundary shall be amended as follows:
The vehicular access from Duke St to Unit 1 shall be removed and replaced by kerb and channel and footpath paving in accordance with Council’s standards.  The remaining footpath area shall be topsoiled and established with couch or buffalo turf, free of weeds.
The driveway area connecting the existing driveway to the proposed driveway on Lot 390 shall be reshaped to provide a smooth transition between the two driveways. In this regard the existing garden bed adjacent to the side boundary may need to be adjusted to provide adequate turning area.
A block wall or similar is to be constructed at the top of the new retaining wall to guide vehicles away from the proposed stairs.
The existing driveway servicing Unit 1 from Duke Street is to be replaced by a stair with 1 metre wide gardens on either side.  These gardens shall extend for the length of the driveway to the proposed new retaining wall.
Full details of the above are to be submitted in conjunction with an application for a Development Permit for Operational Works.
Any alteration to the existing stormwater system on site is to be detailed on plans submitted in conjunction with an application for a Development Permit for Operational Works.
Prior to undertaking any excavation, the person acting on this permit shall contact public utility service providers to ascertain the location of their underground services.
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work.  The application may combine any or all of these classes of work: -
Access and/or carparking
Stormwater Drainage
Landscaping
An easement for access benefiting Lot 389 on RP 225299 is to be created over the proposed driveway area on Lot 390 RP 48112. A Development Permit for Lot Reconfiguration for the access easement is required prior to registration of the easement. Evidence that this access easement has been created is to be submitted in conjunction with the application for a Development Permit for Operational Works relating to removal of the existing driveway.
Additional Conditions – Unit 1
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans for extensions to Unit 1 are listed in the following table below and may be amended by these conditions and annotations on the plans.
Plan No.	Rev.	Plan Name – Prepared by	Date
D01	D	Proposed Ground Floor, prepared by Anchor & Belle	24.06.2020
D02	D	Proposed First Floor Floor, (as annotated by Council), prepared by Anchor & Belle	24.06.2020
D01	-	Engr Pool First Floor, prepared by Anchor & Belle	28 May 2020
D03	D	Proposed Second Floor Plan, prepared by Anchor & Belle	24.06.2020
D04	-	Proposed North West Elevation, (as annotated by Council), prepared by Anchor & Belle	18 May 2020
D05	-	Proposed SW Elevation, prepared by Anchor & Belle	5 March 2020
D06	-	Proposed SE Elevation, prepared by Anchor & Belle	5 March 2020
D07	-	Proposed NE Elevation, prepared by Anchor & Belle	18 May 2020
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1500 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.
Building Appearance
All deck and balcony areas must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Deleted.
Deleted.
Screening vegetation must be planted along the length of the wall, (between the wall and the southern boundary) adjacent to the pool and deck area in accordance with The Noosa Plan’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 45L and consist of native, endemic species with a mature height of not less than 5 metres and a minimum spacing of 1.5 metre centres.
referral agencies
Not applicable.
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
An advice notice outlining the estimated infrastructure contributions payable and the basis for their calculation under the current Planning Scheme Policies and Council Policies is attached with this Development Permit.  For properties located in the catchment area for the Coastal Major Road Network Infrastructure Charges Plan, this development permit may trigger an Infrastructure Charge to be issued in accordance with the Infrastructure Charges Plan and Chapter 8 of the “Sustainable Planning Act 2009”.
Please contact Council's Infrastructure Charges Officer (email: [email protected]) a minimum of 5 business days prior to payment of the infrastructure contributions and/or charge notice so a payment advice detailing the amounts applicable at the time of payment may be issued to accompany the payment.
Payment of infrastructure contributions and/or infrastructure charge notices will not be accepted by credit card transaction.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
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.
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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
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
Building Works	Multiple Dwelling (3 Units)
Operational Works	Carparking, Access, Frontage Works, Stormwater Disposal.
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
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – TPC 2178 – 23 February 1989.
Change to an Existing Approval – TPC 2178 - 26 October 1995.
Change to an Existing Approval – TPC 2178 - 6 August 2001.
Change to an Existing Approval – 51989.1635.01  - 26 October 1995.
Decision Notice - Minor - 51989.1635.02 – 29 June 2020 - with an amendment to conditions 2, 27 & 32 and delete conditions 30 and 31.

	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

[word/footer1.xml]
Page 5 of 8

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 8

[word/footer3.xml]
Page 2 of 2

[word/header2.xml]
3

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL