SUPERSEDED Minor Change Existing Approval 51986.3023.03

Officer: 	Maxwell Potter
Direct Telephone: 	53296245
Our Reference:	51986.3023.03
Your Reference:	12679 & 11981
20 August 2021
Natani Design Pty Ltd
C/- Suncoast Building Approvals
PO Box1054
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 19 July 2021, requesting a minor change to an existing development approval. Council on 19 August 20121, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51986.3023.03
Street address:	8 & 11/37 Hastings St Noosa Heads QLD  4567
Real property description:	Lot 11 BUP 8083 &  BUP 8083
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 20 January 1987
•	Town Planning Consent for Multiple Dwelling of 9 Units and 4 Shops
In relation to the request to make a minor change to the existing approval, Council on 19 August 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 37
Include additional condition 44

assessment manager conditions
To be read in conjunction with previous approvals for TPC 1845
Amended conditions April 2015
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.202	P4	Roof Terrace Plans, prepared by Carol Tretheway Design	February 2015
WD.203	P4	Roof Plans, prepared by Carol Tretheway Design	February 2015
WD.601	P4	Sections, prepared by Carol Tretheway Design	February 2015
Building Height
The maximum height of the vergola must not exceed the height of the existing structure or that indicated on the approved plans whichever is the lessor.
The alfresco dining and BBQ area on the north and western sides must not be enclosed by permanent fixtures such as shutters, louvers, glass panelling or the like. An exception is made to the southern facing wall of Unit 11 which is permitted to be partially enclosed by an Accoya timber screen as per the approved plans.
Amended conditions 17 November 2020
(Amended 17 November 2020) Landscaping shall be established and maintained in accordance with Project Plan No. 2022009 Rev (B), titled Landscape Plan, Plant Schedule Specifications, prepared by John Hope Design and PSP 2 Landscaping. To minimise the extent of hard pavement, the approved landscape plan must include the following amendments:
The garden adjacent to the western entry stairs (high side) must be a minimum of 0.75m wide for its full length proposed, including the portion along the northern boundary; and
The eastern garden starting from the pool extending to the stairs near the new shower must be a minimum of 0.75m wide and must include 1 feature tree that grows to a minimum height of 3m.
Vegetation in the garden outside the northern property boundary must be retained;
The amended plan must be submitted to Council prior to the issue of a building permit for the works.
17 November 2020 - 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
202009	(B)	Landscape Plan, Plant Schedule, Specifications, prepared by John Hope Design and as annotated by Council	N/D
WD 1.3	A	Ground Floor Plan – proposed, prepared by Sparks Architects	07.10.20
WD 1.4	A	Pool Floor Plan – existing + demolition, prepared by Sparks Architects	07.10.20
WD 1.5	A	Pool Floor Plan – proposed, prepared by Sparks Architects and as annotated by Council	07.10.20
WD 2.1	B	North Elevation, prepared by Sparks Architects	28.10.20
WD 2.2	A	East Elevation, prepared by Sparks Architects	07.10.20
WD 2.3	A	West Elevation, prepared by Sparks Architects	07.10.20
WD 3.3	A	Section C, prepared by Sparks Architects	07.10.20
WD 3.5	A	Section E, prepared by Sparks Architects	07.10.20
WD 3.6	A	Section F, prepared by Sparks Architects	07.10.20
WD 3.7	A	Section G, prepared by Sparks Architects	07.10.20
WD 8.4	A	Pool internal Elevation, prepared by Sparks Architects	07.10.20
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to pre-start meeting. 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.
Works
All works must be undertaken outside of all school holidays.
The 2 pathways connections extending from the site at the eastern and western beach access points to the Council boardwalk must:
be constructed in accordance with the approved plan;
be constructed with a suitable slip resistant surface;
be constructed at the same level as the adjacent boardwalk and match smoothly with the boardwalk; and
the adjacent landscaped areas must be filled to the level of the pathway to eliminate any trip/fall hazard.
A Construction Management Plan must be submitted to and approved by Council prior to the issue of a Building Permit. The Construction Management Plan must address the following:
site access points for workers, deliveries and heavy machinery;
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction;
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased;
proposed fencing to the site during the construction phase of the development; and
provision for worker car parking and delivery/waste areas.
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures;
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager;
dispute resolution procedures; and
signage locations displaying the abovementioned details
details on the location of external fill/dump sites/sources, the haulage route, type of vehicle to be utilised during operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations must be fully repaired at the applicant’s expense.
Prior to any works (including demolition works) commencing a pre-start meeting is required.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Demolition and building;
Civil engineering works;
Landscape works;
Erosion and sediment control works;
Other relevant parties.
Approved Plans – 19 August 2021
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
A111	L	Proposed Apartment Floor Plan, (Unit 8) prepared by Natani Design	
A112	L	Proposed Roof Top Terrace, (Unit 11) prepared by Natani Design	16.07.2021
A202	L	East Elevation, (Unit 11) prepared by Natani Design	16.07.2021
A203	L	North Elevation, (Unit 11) prepared by Natani Design	16.07.2021
A211	L	3D East View – Proposed, (Unit 11) prepared by Natani Design	16.07.2021
A212	L	3D North Views, (Unit 11) prepared by Natani Design	16.07.2021
referral agencies
Not Applicable

advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
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 One) Part D3 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 both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
The Anti-Discrimination Act 1991 (Queensland)
The Disability (Access to Premises – Buildings) Standards
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.
New Advisory Note – 17 November 2020
A separate council permit is required for any works in the public space.
Infrastructure Charges
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
Not Applicable
submissions
There were 10 properly made submissions about the original application
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,

Maxwell Potter
Assistant Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
DECISION NOTICE HISTORY
Original Decision Notice - 20 January 1987
Decision Notice - Minor change - 17 February 1987
Decision Notice Minor change– 17 November 2020 – Amend condition 21; include additional conditions; include additional Advisory Note
Decision Notice – Minor change – 19 August 2021 – Amend condition 37, include additional condition 44

	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