Minor Change Existing Approval 51995.1701.03

Officer: 	Georgina Schramm
Direct Telephone: 	07 53296569
Our Reference:	51995.1701.03
Your Reference:	n/a
10 August 2022
WB Dunstone & JV Dunstone
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY  QLD  4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 4 March 2022, requesting a minor change to an existing development approval. Council on 8 August 2022, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51995.1701.03
Street address:	Quay West Noosa 5/19 Laburnum Cres Noosaville Qld 4566
Real property description:	Lot 5 GTP 104767
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 19 October 1995 (TPC 2871)
Development Permit for Material Change of Use of Premises – Group Housing Development (4 Units)
In relation to the request to make a minor change to the existing approval, Council on 8 August 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Include additional conditions 24-28
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 T 1A/3 August 1995 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 as part of the Building Application will show a roof pitch of 15° to achieve the proposed relaxation between the buildings to 2 metres.
The common access servicing lots 740, 741 and 742 is to be formalised by lodgement of access easement documentation for the approval on the Shire Solicitor, prior to the issue of the Building Approval.
3.  	Provision of at least 6 off-street car parking spaces, comprising 4 covered spaces and 2 uncovered spaces, and access thereto which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the 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. A Building Approval shall not be granted until the Shire Engineer has approved of the carparking and access scheme.
The carparking layout is satisfactory. The cars will probably have to reverse into the access handle to be able to leave the site in a forward motion, however, as the "road" is a private easement and not a public road.
The access easement is to be constructed to a sealed standard of 5.5 metre width.
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 Council's Policy on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval. The landscaping is to be particularly dense along the southern side boundary between the two proposed buildings and the area between the building facade and the canal. The applicants have removed trees in the access handle when they developed the units on Lot 740. Therefore, mature trees (45 litres) are to be planted along the easement. Such landscaping is to be completed in accordance with the approved landscape plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
No clearing is to take place until the landscaping plans are approved.
Any fencing provided in conjunction with the development is to be setback an average of two (2) metres to any road frontage pursuant to clause 36 (6) (c) of the Schedule to the Planning Scheme.
No fencing is to be built between the unit buildings.
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. The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
Construction work and other associated activities are permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.

Payment of contributions in accordance with Council's Policy on Water Supply and Sewerage Headworks. An estimate only of the charges as at July 1995 under the current policy is as follows:-
Water Supply -	$10,918.00
Sewerage      -	$  9,157.00
TOTAL:	$20,075.00
Please note that the headworks charges will alter in accordance with Price Index variations or if any amendment is made to Council's policy.
Headworks contributions shall be calculated and paid in accordance with either of the following alternatives:-
Payment to be made prior to the issue of a Building Approval in the amount calculated under the Policy at that date; or
Payment may be deferred to a date:-
prior to Council sealing plans of the development for titling purposes;
prior to the issue of a Ce1tificate of Classification for any building approved under this application; or
prior to commencement of the approved use at the relevant premises;
whichever is the sooner. Payment of	deferred	headworks contributions shall also be subject to the following requirements:-
Submission of a trading bank guarantee to the value of headworks assessed at the time prescribed by the Local Government (Planning and Environment) Act 1990, plus 20%, prior to Building Approval;
Headworks shall be calculated as the value of headworks assessed at the time prescribed by the Local Government (Planning and Environment) Act 1990, plus interest charged at the rate set by the Queensland Treasury Corporation for Local Government borrowings as they apply to Noosa Shire. The interest rate used shall be the rate current at the "time prescribed" above;
Should the contributions not be paid at the due time, Council shall call upon the security lodged; and
in the case of a building permit, if a permit expires the securities held will be returned.
The developer shall bear the cost of alteration of any public utility or other 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.
The developer shall provide a metered water connection/metered water connections from the water supply system to the proposed development, in accordance with Council's standards and to the satisfaction of the Shire Engineer.
The site is to be filled to levels nominated by the Shire Engineer to provide adequate site drainage. Floor levels for all buildings and other structures and car park areas are to be in accordance with the requirements of the Shire Engineer. A Building Approval shall not be granted until the Shire Engineer has approved all levels. Fill and floor levels will be provided on application to the Council's Engineering Department. Any filling works undertaken on the site shall be carried out in accordance with Section 3.8 of Council's "Engineering Design Standards" manual so as not to cause the ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses. No earthworks or filling works are to be undertaken until issue of a Building Approval.
Roof and surface water is to be collected on site and is to be discharged through a single underground drain line into existing drainage in Laburnum Crescent to the satisfaction of the Shire Engineer. A Building Approval shall not be granted until the Shire Engineer has approved of the drainage scheme.
Stormwater is to be disposed of onsite so as to cause no scour or damage to adjoining properties to the satisfaction of the Shire Engineer. A Building Approval shall not be granted until the Shire Engineer has approved of the drainage scheme.
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 area upon which to stand all refuse containers together with a suitable enclosure, if required, to enclose the refuse container area to the satisfaction of the Health Surveyor.
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.
Submission of a cash bond or trading bank guarantee to the sum of
$4000.00 to secure performance of conditions, prior to the issue of Building Approval. The cash bond or trading bank guarantee will be returned upon performance of the conditions of approval.
The provisions of this approval are to be effected, prior to the commencement of the approved use. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local Government (Planning and Environment) Act if commencement of erection or works have not been made in accordance with that Permit or the rights conferred by that Permit are not exercised within two (2) years of the date of issue of the Permit.
The Town Planning Consent Permit lapses where:-
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 Town Planning Consent Permit, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Town Planning Consent Permit ceases for a period of twelve (12) months
Include additional conditions 8 August 2022
Approved Plans
Development is to be undertaken in accordance with this change to existing approvals, 51995.1701.03 must generally comply with the approved plans of development. The approved plans relating to the development and Unit 5 are listed in the following table unless otherwise amended by these conditions, where conflict between the approved plans and conditions of approval, the conditions prevail.

Plan No.	Rev.	Plan/Document Name	Date
-	7.1	Site Plan prepared by Dezignteam Project Pty Ltd	16 July 2022
-	7.1	Ground Floor Plan prepared by Dezignteam Project Pty Ltd	16 July 2022
-	7.1	First Floor Plan prepared by Dezignteam Project Pty Ltd	16 July 2022
-	7.1	Elevations Sheet 1 prepared by Dezignteam Projects Pty Ltd	16 July 2022
-	7.1	Section X/Z prepared by Dezignteam Projects Pty Ltd	16 July 2022
-	5	Typical Cross Section House to Revetment Wall prepared by Dezignteam Projects Pty Ltd	18 February 2022
The outermost projection of the shade structure is to be setback a minimum of 1.0 metre to the side boundary where common with Lot 2 GTP 104332.

The roof of the shade structure is to be built in alignment with the deck as per the original approval. In this regard, the new structure is not to further encroach in the rear setback as the originally approved deck.
Landscaping
The northern side boundary, where common with Lot 2 GTP 104332 must include balcony planter boxes, positioned in such a way to obscure direct views of private open space areas and to the soften the shade structure from the adjoining property.
Stormwater
Stormwater runoff from the structures must be directed to the existing onsite stormwater system.
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,

Georgina Schramm
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 19 October 1995.
Decision Notice - Minor - 51995.1701.02 – additional conditions (copy of approval attached)
Decision Notice – Minor – 51995.1701.03 – 8 August 2022; additional conditions 24-28

	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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