SUPERSEDED Minor Change Existing Approval 51901.3604.02

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	51901.3604.02
Your Reference:	n/a
25 March 2020
JDBA Certifiers
PO Box 1365
MOOLOOLABA QLD  4557
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 15 November 2019, 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:	51901.3604.02
Street address:	Culgoa Point 5 Quamby Pl Noosa Heads Qld 4567
Real property description:	Lot 0 BUP 4076
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 23 & 24 January 1980
Development Permit for Material Change of Use of Premises – Multiple Dwelling (65 Units)
In relation to the request to make a minor change to the existing approval, Council on 20 March 2020, decided to approve the requested changes. The changes are detailed below.
Approve the change
Delete Condition 2
Include additional conditions 14-32
CURRENCY PERIOD OF APPROVAL
Deleted
assessment manager conditions
Compliance with the conditions of TPC 1057. – (Attached)
Deleted.

Provision of 7 carparking spaces and altered access thereto which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Planning Scheme, Council's Policies and to the reasonable satisfaction of the Shire Engineer. Plans and specifications for these works are to be submitted to the Shire Engineer for approval in conjunction with the Building Application. A Building Approval shall not be granted until the Shire Engineer has approved of the carparking and access scheme.
There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with Council's Policy on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping is to be completed in accordance with the approved landscape plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
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.
Construction work and other associated activities are permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.
Roof and surface water is to be collected on site and is to be discharged through a single underground drain line into existing drainage to the satisfaction of the Shire Engineer. A Building Approval shall not be granted until the Shire Engineer has approved of the drainage scheme.
Submission of a cash bond or trading bank guarantee to the sum of $2000 to secure performance of conditions, prior to the issue of Building Approval. The cash bond or trading bank guarantee will be returned upon performance of the conditions of approval.
The provisions of this approval are to be effected, prior to the commencement of the approved use. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval for the purposes of litigation should the use not be conducted in accordance with this approval.
Additional conditions – 2 May 2019
When Conditions must be Complied With
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
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
WD 1.4	A	Ground Floor Plan drawn by Sparks Architects	17/07/2018
WD1.5	A	First floor and Roof Plan	17/07/2018
WD 4.1	A	Construction Details	17/07/18
WD 4.2	A	Construction Details	17/07/18
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Additional Conditions 24 March 2020
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
WD 1.1	A	Title Sheet, prepared by Sparks Architects	28.10.19
WD 1.5	B-WIP	Site Plan, prepared by Sparks Architects as annotated by Council	29.01.2020
WD 1.7	A	Ground Floor Plan, prepared by Sparks Architects as annotated by Council	28.10.19
WD 1.8	A	First and Second Floor Plan, prepared by Sparks Architects as annotated by Council	28.10.19
WD 1.9	A	Roof Plan, prepared by Sparks Architects as annotated by Council	28.10.19
WD 2.1	A	Elevations Sheet 1, prepared by Sparks Architects as annotated by Council	28.10.19
WD 2.2	A	Elevations Sheet 2, prepared by Sparks Architects as annotated by Council	28.10.19
WD 3.1	A	Sections, prepared by Sparks Architects as annotated by Council	28.10.19
WD 9.1	A	3D Perspective, prepared by Sparks Architects as annotated by Council	28.10.19
LP000	D	Cover Sheet, prepared by Conlon Group	09.03.20
LP001	D	Schedule of Finishes, prepared by Conlon Group	09.03.20
LP002	D	Planting Schedule and General Notes, prepared by Conlon Group	09.03.20
LP201	D	Set out & Surfaces Plan Ground Floor Plan, prepared by Conlon Group	09.03.20
LP202	D	Set out & Surfaces Plan Ground Floor Plan, prepared by Conlon Group	09.03.20
LP203	D	Set out & Surfaces Plan First Floor Roof Plan, prepared by Conlon Group	09.03.20
LP301	D	Planting Plan – trees, climbers & large shrubs Ground Floor Plan, prepared by Conlon Group	09.03.20
LP302	D	Planting Plan – trees, climbers & large shrubs Ground Floor Plan, prepared by Conlon Group	09.03.20
LP303	D	Planting Plan –shrubs & ferns Ground Floor Plan, prepared by Conlon Group	09.03.20
LP304	D	Planting Plan – shrubs & ferns Ground Floor Plan, prepared by Conlon Group	09.03.20
LP305	D	Planting Plan – Ground Covers & Orchids – Ground Floor Plan, prepared by Conlon Group	09.03.20
LP306	D	Planting Plan – Ground Covers & Orchids – Ground Floor Plan, prepared by Conlon Group	09.03.20
LP307	D	Planting Plan Level 1 Roof Plan, prepared by Conlon Group	09.03.20
LP401	D	Landscape details, prepared by Conlon Group	09.03.20
LP402	D	Landscape details, prepared by Conlon Group	09.03.20
Page 25	A	Landscape Perspective, prepared by Conlon Group	-
The roof of the reception/office building must be landscaped or alternatively include a 5-degree roof pitch and eaves to 75% of the perimeter of the building.
The pergola covering the walkway must be setback a minimum of 6m from the rear boundary (River boundary).
A sealed access driveway and pedestrian access must be provided from Quamby Place to all parking and manoeuvring areas of the development generally in accordance with the approved plans. The works must be undertaken in accordance with an operational works approval and must include in particular:
a.	external works - crossover, footpath, on street car parking and line marking.
Landscaping must be generally in accordance with the approved landscaping plans and Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines. The following plants are not approved to be used:
magnolia grandiflora must be replaced with native species such as Elaeocarpus Eumundi; and
spathiphyllum floribundum (Peace lily) must be replaced with native species.
The area in the road reserve between the vehicle crossover and the adjacent footpath (directly in front of the planter and outside the property boundary) must be turf and not hard stand.
Demolition Conditions 24 March 2020
Approved Plans
Development undertaken in accordance with this approval must comply with the approved plan of development. The approved plan is listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
WD 1.6	A	Demolition Plan 1:200, prepared by Sparks Architects	28.10.19
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy 11 - Waste Management Plan and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot must be turfed or landscaped in accordance with Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work
referral agencies
Not Applicable
advisory notes
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 (ACH Act).
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 ACH 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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges – 24 March 2020
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.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Development Permit for Building Works (All Building Works)	
submissions
Not 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
Infrastructure Charge Notice
Approved Plans/Documents
TPC 1057

DECISION NOTICE HISTORY
Original Decision Notice – 23rd & 24 January 1980
Negotiated Decision Notice – 22 July 1993 – modification to approved plans
Decision Notice - Minor 51901.3604.01 – 2 May 2019 – Additional conditions
Decision Notice – Minor – 51901.3604.02 – 24 March 2020 – Include additional conditions 14-32

	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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