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Minor Change Existing Approval 132001 210327 1 · 132001.210327.1

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                                                                                 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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Document Set ID: 23391709
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Full text of the other 5 pages

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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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Page 4

               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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Page 5

               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.




                                                                                                                             Page 5 of 6
Document Set ID: 23391709
Version: 3, Version Date: 09/12/2024

Page 6

                                                                              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: 3, Version Date: 09/12/2024

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