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Minor Change Existing Approval 132001 210327 1 · 132001.210327.1
Officer: Cameron Smith
Direct Telephone: 07 53296178
Our Reference: 132001.210327.1
Your Reference: 0657
9 December 2024
PG Flavel
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 12 September 2024, 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: 132001.210327.1
Street address: The Beach Houses 2/27 Ross Cres Sunshine Beach
Real property description: Lot 2 GTP 100987
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 17 December 2001.
• Development Permit for Material Change of Use – Modification to existing Dwelling in Sand
Dune Problem Area.
In relation to the request to make a minor change to the existing approval, Council on 4
December 2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 10.
C. Include additional conditions 13 and 14.
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
Building
1. There is to be no uncontrolled discharge of water onto the slope.
2. Stripping of vegetation for construction purposes should be minimised. If vegetation is
destroyed it should be reinstated immediately after construction is completed.
3. Additional load due to fill, construction equipment or stockpiled materials should not be
located on the dune slope. Filling in the open space area is to be avoided.
4. 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.
Land Development
5. A Registered Professional Engineers Queensland (REPQ) shall design all foundations for
the proposed building extensions taking into account that the site is located in a Sand Dune
Problem Area and that special foundations may be necessary.
6. Existing vegetation on site shall be retained except where removal is required to enable
construction of the proposed extensions. In this regard care shall be taken to minimise any
disturbance to the vegetation.
7. To minimise the risk of dunal instability during construction, no heavy machinery or
equipment is to be used to construct the proposed building extensions.
8. On completion of construction, dense deep-rooted vegetation cover, using approved species,
shall be established on any exposed soil in order to minimise the risk of any soil movement
or erosion.
9. At the completion of construction, a RPEQ shall certify that all works have been carried out
in accordance with good engineering practices and that both the extensions and the site are
stable and safe against failure.
Land Use
10. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Building Works*
Plan No. Rev. Plan/Document Name Date
2003 DD6 Guest Floor Plan -Prepared by Sealand Architects 29.10.24
2004 DD6 Garage Floor Plan - Prepared by Sealand Architects 29.10.24
2005 DD6 Office Floor Plan - Prepared by Sealand Architects 29.10.24
Annotated by Council
3000 DD6 East Elevation - Prepared by Sealand Architects 29.10.24
3001 DD6 West Elevation - Prepared by Sealand Architects 29.10.24
3002 DD6 North Elevation - Prepared by Sealand Architects 29.10.24
3003 DD6 South Elevation - Prepared by Sealand Architects 29.10.24
4000 DD6 Section A - Prepared by Sealand Architects 29.10.24
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4001 DD6 Section B - Prepared by Sealand Architects 29.10.24
4002 DD6 Section C - Prepared by Sealand Architects 29.10.24
4003 DD6 Section C - Prepared by Sealand Architects 29.10.24
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
2001 DD6 Site Plan - Prepared by Sealand Architects 29.10.24
Amendments Amend the site plan to provide a minimum 1.5m setback from the pool
deck extension to the rear boundary. This setback is required to remain
in character with surrounding (approved) development and create a
minimum buffer for ‘New Native Landscaping’ referenced on Section A
Dwg. 4000 Rev. DD6.
Plan No. Rev. Plan/Document Name Date
2002 DD6 Ground Floor Plan - Prepared by Sealand 29.10.24
Architects
Amendments Amend the site plan to provide a minimum 1.5m setback from the pool
deck extension to the rear boundary. This setback is required to remain
in character with surrounding (approved) development and create a
minimum buffer for ‘New Native Landscaping’ referenced on Section A
Dwg. 4000 Rev. DD6.
11. 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.
12. This Development Permit for a material change of use of premises lapses if:-
a. 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
b. the use of any premises pursuant to the Development Permit ceases.
Additional Conditions – 4 December 2024
Nature and Extent of Approved Use
13. The home office must not be used for or made available to any Short-Stay Letting or Visitor
Accommodation uses (short-term accommodation) and must only be used as ancillary to the
Dwelling House use as defined in the Noosa Plan 2020.
Protection of Privacy
14. To ensure privacy is protected between adjoining properties, the window located on the
upper-level (northern) building face identified as ‘Family Room’ adjoining the garage of the
dwelling must either:
a. have a minimum window sill height or 1.75 metres above floor level; or
b. be fitted with translucent glazing; or
c. be fitted with a fixed external screen.
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5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
240572 A Report on Geotechnical Investigation - Prepared by 29 August 2024
Arcos Group
240572 0 Stormwater Management Plan - Prepared by Arcos 28 August 2024
Group
2000 DD6 Site Demolition Plan - Prepared by Sealand 29.10.24
Architects
2000-1 DD6 Ground Floor Demolition Plan - Prepared by 29.10.24
Sealand Architects
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. 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
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works Building Certification
11. SUBMISSIONS
Not applicable.
12. 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.
13. 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.
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Yours faithfully,
Cameron Smith
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 17 December 2001.
• Decision Notice - Minor – 132001.210327.1 – 4 December 2024 - with an amendment to condition 10 and additional conditions
13 and 14.
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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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