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Minor Change Existing Approval - DBW19 0003.02 (As Published)

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                                                                                      Officer:            Matthew Pinese
                                                                                      Direct Telephone:   07 5329 6245
                                                                                      Our Reference:      DBW19/0003.02
                                                                                      Your Reference:     0704

               23 May 2025


               CP Clout & D Clout
               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 22 October 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:              DBW19/0003.02

                   Street address:              11 Crusoe Ct, Castaways Beach Qld 4567

                   Real property description:   Lot 98 MCH 807481

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 25 October 2019
               •       Development Permit for Building Work - Additions to Detached House (Coastal Protection)
               In relation to the request to make a minor change to the existing approval, Council on 19 May 2025,
               decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change.
               B.      Amend condition 5.
               C.      Include the following additional conditions: 25 & 26.
               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
                                                                                                          Page 1 of 7
Document Set ID: 23752696
Version: 4, Version Date: 23/05/2025
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               4.     ASSESSMENT MANAGER CONDITIONS

                      When Conditions must be Complied With
               1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                      the use commencing, and then compliance maintained at all times while the use continues.
                      Approved Plans
               2.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                        Plan No.         Rev.      Plan/Document Name                               Date

                        C0.0             -         Services, drawn by Chris Clout Design            11.10.19

                        C1.0             -         Lower Floor Plan, drawn by Chris Clout 11.10.19
                                                   Design

                        C2.0             -         Ground Floor Plan, drawn by Chris Clout 11.10.19
                                                   Design

                        C3.0             -         Upper Floor Plan, drawn by Chris Clout 11.10.19
                                                   Design

                        C4.0             -         Roof Plan, drawn by Chris Clout Design           11.10.19

                        C5.0             -         Elevations, drawn by Chris Clout Design          11.10.19

                        C6.0             -         Elevations, drawn by Chris Clout Design          11.10.19

                        C7.0             -         Section, drawn by Chris Clout Design             11.10.19

                      Building Height
               3.     The maximum height of the development must not exceed 8 metres above the finished
                      ground level and the natural ground surface.
               4.     Certification must be submitted to Council from a Licensed Surveyor which certifies that the
                      building does not exceed the maximum height requirement of this Decision Notice.
                      Currency Period
               5.     The Currency Period for this development approval lapses if all conditions have not been
                      complied with by 1 November 2026, unless an application to extend the currency period is
                      approved by Council.
                      Performance Bond
               6.     Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 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.




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                      Pavilion structure
               7.     The Pavilion structure located with a zero setback to the northern boundary must be setback
                      a minimum of 1.5 metres from the northern side boundary and 6 metres from the front
                      boundary.
                      External Earthworks
               8.     Earthworks external of the building at the location of the bathroom and bedrooms on the
                      south elevation must be backfilled and reinstated to natural ground level, so as the building
                      does not appear as three storeys.
                      Privacy - Roof Top Terraces
               9.     Roof top terraces must not overlook the private open space areas of neighbouring properties.
                      Landscaping
               10.    A minimum of 20% of the site must be retained as soft landscaping.
               11.    Existing trees on the site must be retained, except where required to be removed to
                      accommodate the approved dwelling. In this regard, the removal of vegetation must not
                      extend beyond 3 metres of the building footprint.
               12.    Existing vegetation in the road reserve must be retained, unless written authorisation from
                      Council is granted for the clearing.
               13.    Trees to be retained must be protected from clearing or construction activities by:
                      a.      clearly marking vegetation to be retained with flagging tape
                      b.      installing protective fencing around the drip line of the vegetation
                      c.      restricting stockpiling, storage and vehicle parking to those areas which are already
                              cleared
                      d.      using low impact construction techniques around vegetation.
               14.    Screening vegetation must be planted along the northern boundary between the pavilion
                      structure and the property boundary in accordance with Council’s Planning Scheme Policy
                      PSP3 Landscaping Plants and Guidelines. The planted vegetation must have a minimum pot
                      size of 45 litres and consist of native, endemic species with a mature height of not less than
                      4 metres and maximum spacing of 1.5 metre centres.
                      Coastal Protection
               15.    External colours and finishes of the building must comprise of muted/environmental tones
                      that blend with the natural environment, as detailed in the approved plans.
               16.    A mix of native landscaping, such as ground covers, shrubs and trees, must be
                      provided/retained for a width of 5m from the rear boundary of the site. Plantings must be in
                      accordance with Councils Planning Scheme Policy PSP03 Landscaping plants and
                      guidelines.
                      Site Access and Driveways
               17.    A sealed access driveway must be provided from Crusoe Court to all parking and
                      manoeuvring areas of the development. The works must be undertaken in accordance with
                      Council’s standard drawings and a Council standard vehicle crossover approval.
                      Stormwater Drainage
               18.    Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property. The works must be constructed
                      generally in accordance with the drawing titled Stormwater Management Plan, CC03.002
                      prepared by Construction Hydraulic dated 8 March 2019.




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                      Earthworks and Retaining Walls
               19.    Earthworks carried out on site must not affect the structural integrity of any of the existing
                      fences and/or structures and/or lands that border the development site.
               20.    All earthworks and associated retaining structures/batters must be contained entirely within
                      the subject site unless written permission from the respective landowner(s) is provided to
                      Council. All earthworks must be undertaken in accordance with the provisions of Australian
                      Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
               21.    All retaining walls must be designed and constructed in accordance with the planning scheme
                      and must be certified by an RPEQ where exceeding 1.0m in height.
                      Geotechnical Stability
               22.    All works must be carried out in accordance with the recommendations contained in:
                      a.      The Slope Stability Assessment, report number 28158(SL) prepared by SCG
                              Consulting Engineers dated 1 March 2019, and
                      b.      The Soil Test and Footing Report, report number 28158(S). RevA prepared by SCG
                              Consulting Engineers dated 7 March 2019.
               23.    At the completion of the works certification must be submitted to Council from a qualified
                      person* which certifies that the development has been constructed in accordance with the
                      recommendations contained in The Slope Stability Assessment, report number 28158(SL)
                      prepared by SCG Consulting Engineers dated 1 March 2019 and The Soil Test and Footing
                      Report, report number 28158(S).RevA prepared by SCG Consulting Engineers dated 7
                      March 2019 and that the development has a minimum factor of safety against landslip of 1.5
                      in the long term.
                      *(Refer to advisory Note)
                      Damage to Services and Assets
               24.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.
               25.    All lighting must be positioned and managed to reduce sky glow and light spill onto the beach
                      to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings. The following
                      must be undertaken:
                      a.      All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
                              must have 15% visible light transmittance tinting.
                      b.      All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE)
                              must be fitted with opaque blinds, to be drawn from 8pm during turtle nesting and
                              hatching season (October – May).
                      c.      All outdoor lights must have a maximum of 2700 K correlated colour temperature
                              (CCT). All indoor lights must have a maximum of 3000 K CCT. All lighting (interior and
                              exterior) must avoid the use of halogen, metal halide, or fluorescent lights.
                      d.      Amber LED (590-610 nm) or low pressure sodium lighting must be used as a standard.
                              Warm white is to be used only where colour rendition is required. LED lights must not
                              contain short wavelength blue light and supplier should be asked to provide spectral
                              power curve of requested LEDs to prove the absence of short wavelengths.
                      e.      The number and wattage of lights must be minimised.



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                      f.      All lights must be recessed into structures and roof, and directed away from the turtle
                              nesting habitat.
                      g.      No lighting is permitted on the roof of the building.
                      h.      All outdoor lights, including balcony lights, must be turned off between 8:00pm and
                              sunrise during turtle nesting and hatching season (October – May).
                      i.      External feature lighting to the building must be positioned below 8 metres in height
                              and turned off between 8:00 pm and sunrise during turtle nesting and hatching season
                              (October – May).
                      j.      No upward lights or vertical illumination of the building, vegetation or other structures
                              using lighting that shines into the sky to be used.
                      k.      Where lighting is required for safety purposes (including all corridors above ground
                              level, stairwells, entry points etc.), the lighting of these areas must be activated by
                              proximity sensors or motion detectors with an associated deactivation of the lighting
                              after no more than 10 minutes during turtle nesting and hatching season (October –
                              May). For lighting in other areas, timers, proximity or motion activated light sensors
                              must be used wherever possible.
                      l.      No decorative outdoor lighting is to be fitted to the buildings, open space or recreation
                              areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October –
                              May).
                      m.      Pool lighting must be switched off after 8:00pm during nesting and hatching season
                              (October – May).
                      n.      All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
               26.    Certification must be submitted to Council which certifies that the lighting requirements of
                      this Decision Notice have been met.
               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:
                      Qualified Person
               1.     For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
                      for the development, a qualified person is considered to be a person who:
                      a.      is a Registered Professional Engineer of Queensland (RPEQ); and
                      b.      has a degree in civil engineering or engineering geology; and
                      c.      has a minimum of 5 years experience in the field of geotechnical engineering or
                              engineering geology.
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.




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               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,



               Matt Pinese
               Development Planner



               Enc:
                        Appeal Rights
                        Approved Plans/Documents


               DECISION NOTICE HISTORY
               •     Original Decision Notice – 25 October 2019.
               •     Decision Notice – Extension to Currency Period – DBW19/0003.01
                     – 8 January 2024, with an amendment to condition 5

               •     Decision Notice – Extension to Currency Period – DBW19/0003.02
                     – 19 May 2025, with an amendment to condition 5 and additional
                     conditions 25 & 26.




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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: 23/05/2025

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