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SUPERSEDED - Decision Notice - DBW23 0056 & RAP23 0010 [As Published]
Officer: Samuel Osakwe
Direct Telephone: 07 5329 6316
Our Reference: DBW23/0056
RAP23/0010
Your Reference: 0447
23 October 2023
Hale Nai'a P/L TTE
C/- Pivotal Perspective Pty Ltd
4/59 Mary Street
NOOSAVILLE QLD 4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 18 October 2023, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW23/0056 & RAP23/0010
Street address: 14 Dolphin Cresent, Noosaville
Real property description: Lot 103 N 10573
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Building Work Assessable Against the Planning Scheme - Dwelling
House - Setbacks
• Referral Agency Response
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
DEVELOPMENT PERMIT FOR BUILDING WORKS – DBW23/0056
PLANNING
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.
Currency Period
2. This development approval lapses if the works have not substantially started by 18 October
2025, unless an application to extend the currency period is approved by Council.
Approved Plans
3. 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 Operational Works*
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
CC101 C Lower Level Plan prepared by Bennett 22 Sept 2023
Architects & Associates Pty Ltd
Amendments The hardstand area for the driveway and entry area must be minimised
and a landscaped garden bed included generally as shown below:
CC102 D Upper Level plan prepared by Bennett 27 Sept 2023
Architects & Associates Pty Ltd
Amendments • The setback to the western boundary for the living kitchen,
pantry and laundry area must be increased to a minimum of 2m
for that section of building 4.5m high and above. Alternatively,
the building lowered to less than 4.5m for this area.
• The service access deck on the western side of the upper level
is not approved and must be removed from the plans.
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CC103 D Roof Deck Plan prepared by Bennett 25 Sept 2023
Architects & Associates Pty Ltd
CC104 E Sections & Elevations prepared by Bennett 25 Sept 2023
Architects & Associates Pty Ltd
CC105 D Elevations prepared by Bennett Architects 27 Sept 2023
& Associates Pty Ltd
Amendments • The rooftop terrace is not approved and must be removed from
the plans.
• The balcony to the service access area is not approved and
must be removed from the plans
• The setback to the western boundary for the living kitchen,
pantry and laundry area must be increased to a minimum of 2m
for that section of building 4.5m high and above. Alternatively,
the building lowered to less than 4.5m for this area.
*(Refer to Advisory Note)
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground level.
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Boundary Wall
6. The garage wall within the boundary clearance must not exceed 9 metres in length and have
a mean height* of not more than 3.5m
*(Refer to Advisory Note)
Performance Bond
7. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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.
Streetscape
8. Any shipping containers, railway carriages or similar must be placed behind the dwelling
house and not visible from the street.
Lighting Amenity
9. No flood lighting must be used on site. Any vertical illumination resulting from direct, reflected
or other incidental external lighting emanating from the site must not exceed 8 lux when
measured at any point 1.5 metres outside the boundary and at any level from ground level
upward.
Environment
10. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, stormwater drain or adjacent properties.
Landscaping Works
11. A minimum of 20% of the site must be retained as soft landscaping.
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12. Existing trees on the site must be retained, except where required to be removed to
accommodate the approved dwelling.
13. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
Site Access and Driveways
14. A sealed access driveway must be provided from Dolphin Crescent to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must:
a. be generally in accordance with Bennett Architect’s Lower Level Plan (CC101, Rev. C)
and Council’s standard drawings RS-049 & RS-050;
b. identify the required street trees on the proposal plans;
c. include the removal of the existing vehicle crossover; and
d. include the reinstatement of the verge and kerb and channel.
Landscaping
15. The development must provide two street trees along the frontage of the subject site and
comply with Council’s relevant standards prior to the use commencing. The street tree(s)
must:
a. Be a minimum 45 litre pot size;
b. Be located as to not adversely affect the sight distances of vehicles or any existing
infrastructure;
c. Be one of the following species:
i. Acronychia imperforate;
ii. Alectryon coriaceous;
iii. Backhousia myrtifolia;
iv. Callistemon viminalis; or
v. Banksia intergrifolia; and
d. Meet the requirements outlined in AS2303 – Tree Stock for landscape use.
Easements
16. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
17. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
18. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
19. All fill and associated 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.
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Damage to Services and Assets
20. 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.
REFERRAL AGENCY RESPONSE – RAP23/0010
The proposed development requires referral to Council for building work under Table 3 for the
variation to the building setbacks and proposed rooftop terrace.
You are advised that:
1. Council requires that any development approval for building work is subject to the conditions
stated in the development approval for DBW23/0056
Currency Period for Referral Agency Response
2. This Concurrence Agency response is no longer valid if the use has not commenced within
4 years of the date of this notice, unless otherwise extended in writing by Council.
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:
Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
2. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
3. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during construction;
b. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
c. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
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Resubmission of Amended Plans Required
4. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. DBW23/0056 & RAP23/0010, separate to any Operational
Works application. To avoid delays and assessment issues with the Operational Works
application, it is recommended the plan/s be resubmitted prior to lodgement of any
Operational Works application. However, should the plans not be submitted, the applicant is
advised that a Preliminary Approval may be issued in lieu of a Development Permit.
Sustainability
5. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
Mean Height
6. Mean height means the vertical height as defined by the Queensland Development Code.
Fires in Urban Areas
7. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Infrastructure Charges
8. 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
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Driveway
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.
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
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Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
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,
Samuel Osakwe
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
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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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