Minor Change Existing Approval 51993.587.04

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296215
Our Reference:	51993.587.04 :
Your Reference:	n/a
14 March 2018
Hobart Properties & Securities Pty Ltd
2/2 Sunseeker Cl
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 1 February 2018, 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:	51993.587.04
Street address:	2 Neptune Cct Noosaville Qld 4566
Real property description:	Lot 173 RP 845981
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council on 15 October 1993 decided to issue the following type of approval.
Town Planning Consent - Duplex Dwelling
In relation to a request to make a change to the existing approval to erect a carport within the front boundary setback, Council on 8 December 2004 decided to:
Approve the change, subject to conditions, and issue a Change to a Development Approval (51993.587.02)
In relation to the request to make a change to the existing approval, Council on 13 March 2013 decided to:
Approve a change to Condition 1 of 51993.587.02.
In relation to the request to make a change to the existing approval, Council on 7 March 2018 decided to:
Approve to amend item 5 (Approved Plans)
Approve to include addition condition 19
Approve to include additional Advisory Note
assessment manager conditions
Land Use
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
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.  Specifically landscaping is to include:-
2 x Syzygium oleosum (45 Litre) street trees planted at 3 metre centres are to be established within the road reserve.  These trees are to be located approximately 3 metres east of the driveway and a minimum of 2.5 metres from the back of the kerb.
In order to achieve adequate screening to the road frontage, all Syzygium cascade species nominated on the approved plan are to be replaced with any of the following species:-
Syzygium australe (200mm)
Acemna smithii (200mm)
Elaeocarpus reticulatus
Leptospermum petersonii
These species are to be planted at 2 metre centres.
No interference shall occur to the trees located on the public land adjacent to the subject site.
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted, 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.
Land Development
River Flooding
All buildings proposed on site (and areas utilised for carparking purposes associated with the buildings) shall be constructed to comply with Council’s Minimum Floor Height requirements as defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue of the Building Permit.
In this regard and as an indication only – The Carport should have a Minimum Floor Height of RL 2.3 (AHD).  These levels however are subject to change and verification shall be made to Council’s Land Development Section prior to obtaining a Development Permit for Building Works.
Carparking
Off Street
Carparking shall be provided within the site as shown on the submitted plan prepared by R. Koller dated 5 Oct 2004, except as modified herein.
A minimum of 2 covered spaces contained within the building & 2 covered spaces contained within the carport shall be provided on site.
The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for user class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
The proposed turning areas shall be line-marked with chevrons and have the words “No Parking” painted on the pavement.  A sign shall also be provided to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Building Services
The carport is to remain an open structure and not be enclosed.
Further Permits Required
Prior to the commencement of development, the following Development Permits must be obtained:-
Development Permit for building works
Advice
Payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
A root barrier can be installed along the property boundary in the vicinity of the fig trees located on adjacent parkland for a distance of 3 metres in either direction of the trunk to mitigate any further damage from occurring to the driveway.
The proposed courtyard is not permitted to be enclosed on either the south-eastern or north-eastern elevation.
referral agencies
Not Applicable
APPROVED PLANS
The approved plans and / or documents for this development approval are listed in the following tables:
Plan No.	Rev.	Plan Name	Date
-	-	Proposed Floor Plan, prepared by Accolade Building Designs	29/01/2018
-	-	Proposed Floor Plan, prepared by Accolade Building Designs	29/01/2018
1269SK01		Site Plan, prepared by Greg Gibbs Architects	Feb 2013
1269SK02		Level 1 Plan GFA, prepared by Greg Gibbs Architects	Feb 2013
1269SK03		Level 2 Plan GFA prepared by Greg Gibbs Architects	Feb 2013
1269SK04		Elevations, prepared by Greg Gibbs Architects	Feb 2013
		Proposed Dwelling for Jeff Wild prepared by Robert Koller	5 Oct 2004
REFERENCED DOCUMENTS
Not Applicable
Advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
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.
An amended building format plan and Community Management Statement must be submitted to Council for endorsement.
PROPERTY NOTES
Not Applicable
VARIATION APPROVAL
Not Applicable
FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Building Works
SELF ASSESSABELE CODES
Not Applicable
SUBMISSIONS
Not Applicable
RIGHTS TO 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

Wilhelm Koschade
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

	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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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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