Minor Change Existing Approval 51988.2815.02

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	51988.2815.02
Your Reference:	20180090
22 March 2018
Mr RD Fasciani & J Fasciani
C/- Pacific BCQ
PO Box 1901
NOOSAVILLE BC  QLD  4566
[email protected]
Dear Sir,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 6 March 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:	51988.2815.02
Street address:	The Cove Noosa 18/24 Little Cove Rd Noosa Heads Qld 4567
Real property description:	BUP 10491
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council on 27 October 1988 decided to issue the following type of approval:
Application No.	Type of Development
51988.2815	Town Planning Consent (TPC 2055) for Multiple Dwelling Units (28)
In relation to a request to modify the plans, Council on 13 April 1989 decided to amend the type of approval issued to read as follows:
Town Planning Consent (TPC 2055) for Multiple Dwelling Units (23)
In relation to the request to make a change to the existing approval, Council on 4 September 2013 decided to:
A.	Approve the following plans for constructing a reception office
Plan No.	Rev.	Plan Name	Date
WD.203	P2	Ground Floor Plan Proposed, prepared by Ian Gorton Design	June 2013
WD.601	P2	Cross Sections, prepared by Ian Gorton Design	June 2013
WD	P2	Cover Sheet, prepared by Ian Gorton Design	June 2013
In relation to the request to make a minor change to the existing approval, Council on 19 March 2018, decided to approve the requested changes. The changes are detailed below.
Approve the change to Lot 12.
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval (TPC 2055) took effect.
assessment manager conditions
Refer original TPC 2055.
Approved March 2018 - Lot 12
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 Name	Date
A.01	D	Site Plan, prepared by Zest Building Design	19/01/2018
A.02	D	Proposed Floor Plan, prepared by Zest Building Design as annotated by Council	19/01/2018
A.03	D	Elevations, prepared by Zest Building Design	19/01/2018
A.04	D	Elevations, prepared by Zest Building Design	19/01/2018
A.05	D	Roof Drainage & Framing Plan, prepared by Zest Building Design	19/01/2018
The covered roof terrace structure:
must not exceed a roof area of 8 metres x 4 metres;
must be setback a minimum of 1 metre from the north east side of the building measured from inside of the parapet wall;
must be setback a minimum of 1.3 metres from the south west side of the building measured from the inside of the parapet wall; and
may be located so as to cover the slip hazard area shown hatched on Plan A.02, titles Proposed Floor Plan, prepared by Zest Building Design and dated 19/01/2018 and as annotated by Council.
referral agencies
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.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Development Permit for Building Works
submissions
No Applicable
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 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,

Glen Conforti
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitwater
	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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ee) NOOSA COUNCIL