Council archive · source document
Decision Notice - Minor Change - 51901.3589.05 [As Published]
Officer: Tara Norley
Direct Telephone: 07 5329 6414
Our Reference: 51901.3589.05
Your Reference: n/a
26 February 2024
JCF Dunlop
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 12 December 2023, 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: 51901.3589.05
Street address: River Gums
1 & 4/1-3 Russell St, Noosaville
Real property description: Lot 1 BUP 4699 & Lot 4 BUP 4699
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 23 April 1980.
• TPC 1114 – Multiple Dwelling of 5 Units.
In relation to the request to make a minor change to the existing approval, Council on 22 February
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change from a Multiple Dwelling for 5 Units to a Multiple Dwelling of 4 Units;
B. Amend condition 15; and
C. Include additional condition 17.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
1. Compliance with all relevant by-laws and policies.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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2. Minimum disturbance to natural flora. No vegetation to be removed other than that which
would impede building operations. Where practicable, re-vegetation to be carried out
following cessation of building activity.
3. Permanent covered car parking to be provided on site for five vehicles, together with space
sufficient for two visitors’ vehicles. Areas on which vehicles will be driven and/or parked to
be provided with a flexible or other pavement surfaced with bitumen seal coat, asphaltic or
other concrete properly constructed and maintained to good engineering standards to the
satisfaction of the Council’s Engineer. Plans and specifications for such areas including
footpath crossings to be submitted prior to the issue of a building permit. Vehicular access
to and from the site to be designed so as to ensure that sufficient area is available for
manoeuvring and turning to permit forward movement to and from the road.
4. A concrete invert and paved access to connect to the existing bitumen road pavement to be
constructed to the satisfaction of the Council’s Engineer.
5. Connection to Council’s Sewerage system.
6. Connection to Council’s water supply facility at the applicant’s expense.
7. Stormwater, including that from roofed and paved areas to be disposed of by underground
means to an existing catchment.
8. Filling is to be carried out to the levels required for the Noosaville Master Drainage Plan. The
Council’s Engineers’ requirements in this respect are to be obtained prior to the issue of a
building permit. The minimum floor level will be R.L 1.5 metres.
9. Comply with the reasonable requirements for the Regional Fire Safety Officer.
10. The approval given herein is for Town Planning Consent only and does not imply either the
issue of a building permit or Council consent to and application under the Group Titles Act or
Building Unit Titles Act.
11. This approval will laps if not availed of within two (2) years in accordance with clause 3 (2)
of Part II of Council’s By-laws Chapter XLIV – Town Planning.
12. A certificate of alignment to be submitted with the application for a building permit and/or an
identification survey to be carried out by an authorised surveyor at the time of the foundation
inspection.
13. To ensure compliance with any and all conditions of this approval, Council will require the
you enter into a Bank Bond to guarantee performance. The value of such bond would be
determined and would need to be lodged prior to issue if a building permit and any costs
incidental thereto will be the applicant’s responsibility.
14. The conditions of this consent are to be complied prior to occupancy of the building and if
this is not done, Council reserves the right to call on bond moneys lodged to carry out the
works involved.
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Changes to Conditions - 22 November 2009
15. 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 and may
be amended by these conditions.
Plan No, Rev. Plan / Document Name Date
Sheet 2 of 8 F Site Works – Key Plan prepared by 20/08/2009
IntExt Design
Sheet 3 of 8 F Level 1 – Floor Plan & Fit-out prepared 20/08/2009
by IntExt Design
Sheet 4 of 8 F Level 2 – Floor Plan & Fit-out prepared 20/08/2009
by IntExt Design
Sheet 5 of 8 F Level 3 – Floor Plan & Fit-out prepared 20/08/2009
by IntExt Design
Sheet 7 of 8 F Level 2 – Floor Plan & Fit-out prepared 20/08/2009
by IntExt Design
Sheet 7 of 8 F Elevations prepared by IntExt Design 20/08/2009
Sheet 8 of 8 F Sections prepared by IntExt Design 20/08/2009
Changes to Conditions – 1 December 2017
A103 Proposed Works to Unit 4, prepared by 26/9/17
Lisang Design
Changes to Conditions – 23 October 2018
A103 Unit 5 D.A 27/7/18
Western Elev (Unit 5)
Changes Conditions – 22 February 2024
A105 1 Level 1 prepared by Lisang Design 08/04/2018
A106 1 Level 2 prepared by Lisang Design 08/04/2018
A103 - Unit 4 DA prepared by Lisang Design 08/04/2018
16. The existing trees between the building and the site’s river frontage are to be retained.
Measures are to be undertaken to ensure that the root zones and predominant part of the
tree canopies are not adversely affected by the construction.
Additional Condition – 22 February 2024 (51901.3589.05)
17. Units 1 and 4 must be amalgamated into a single dwelling and occupied by a single
household as defined by the Noosa Plan 2020. The units must not be separately let at any
time.
5. REFERRAL AGENCIES
Not applicable.
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6. 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
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 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
Tara Norley
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
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DECISION NOTICE HISTORY
• Original Decision Notice – 23 April 1980.
• Decision Notice - Minor – 51901.3589.02 – 22 November 2009, with an amendment to conditions 1 & 2.
• Decision Notice - Minor – 51901.3589.03 – 1 December 2017, with an amendment to condition 1.
• Decision Notice - Minor – 51901.3589.04 – 23 October 2018, with an amendment to condition 1.
• Decision Notice - Minor – 51901.3589.05 – 22 February 2024, with an amendment to the approved Development Description and
condition 15, additional condition 17 and administrative amendment to previous condition numbering.
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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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Document Set ID: 22827192
Version: 3, Version Date: 26/02/2024
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