Decision Notice - Minor Change - 51988.2740.02

Officer: 	Tara Norley
Direct Telephone: 	07 5329 6414
Our Reference:	51988.2740.02
Your Reference:	2023-34
10 November 2023
Mr WRL Jackson & Mrs AM Jackson
C/- Danya Cook Town Planning
PO Box 9410
PACIFIC PARADISE  QLD  4564
[email protected]
Dear SIr/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 9 June 2023, 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:	51988.2740.02
Street address:	Parkwood 2/21 Parkedge Road, Sunshine Beach
Real property description:	BUP 10798, Lot 2 BUP 10798  BUP 10798
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 10 November 1988.
Town Planning Consent Permit – TPC 2129 – Multiple Dwelling (2 Units)
In relation to the request to make a minor change to the existing approval, Council on 10 November 2023, decided to approve the requested changes. The changes are detailed below.
Approve the change; and
Include additional conditions 21, 22 and 23.
currency period of approval
The currency period for this development approval is four years starting the day that the original development approval 51988.2740 took effect.
assessment manager conditions
Submission to and approval by Council of building plans in accordance with the Building Act, Council’s By-Laws and Policies, and generally in accordance with the plan approved in this Consent and the Shire of Noosa Town Planning Scheme apart from where amendments are required or dispensation have been granted in conjunction with this Consent.
The plans submitted for Building Approval following requirements are to comply with the
Amendment to car parking layout to accord with Council policies and to allow satisfactory manoeuvring, to the satisfaction of the Shire Engineer.
Deleted
Provisions of at least three (3) off-street car parking spaces, comprising 2 covered spaces and 1 uncovered spaces, and access thereto, which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Town 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.
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 the Noosa Design Manual and properly prepared landscaping 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 approval landscaping plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
Existing trees are to be retained, except where required to be removed due to building operations or the conduct of the approved use. In this regard exiting trees proposed to be retained at the rear of the site are to be noted on the landscaping plans submitted wit the building application.
Construction work is permitting only during the hours of 7.00a.m. to 6.00p.m. Monday to Saturday and no construction work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.
Payment of contributions in accordance with Council’s Policy on Water Supply and Sewerage Headworks, current at the time of Building Approval. Calculations bases upon the current Policy including Price Index variation as at November, 1988 are estimated as follows:-
Water Supply - $1220
Sewerage 	    - $  630
TOTAL: 	      $1850
If Payment is not proposed to be made prior to the issue of Building Approval, a cash bond or trading bank guarantee for the required amount is to be lodged prior to the release of that Approval. The contribution is then required to be made with in fourteen (14) days of the issue of Building Approval.
The footpath across the frontage of the site shall be generally upgraded involving reshaping, grassing and topsoiling to the satisfaction of the Shire Engineer.
The developer shall bear the cost of alteration of any public utility or facilities necessitated by the development of the land or associated construction works external to the site.
Connection to Council’s existing water supply reticulation systems at the developer’s expense to the standards and requirements of Council’s Shire Engineer.
Disposal of septic and sullage wastes on site to the satisfaction of the Shire Engineer. Plans prepared by a Registered Hydraulics Consultant are to be submitted and to be approved by Council’s Building Surveyor, prior to the issue of a Building Approval.
Roof and surface water is to be collected on site and to be discharged through a single underground drain line into existing drainage in Parkedge Road to the satisfaction of the Shire Engineer.
Provision of approved refuse containers in accordance with the requirements of the Refuse Management Regulations of 1983 for the storage and collection of refuse to the satisfaction of Council’s Health Surveyor.
Provision of an imperviously paved, drained and enclosed area to accommodate all refuse containers to the reasonable satisfaction of Council’s Health Surveyor. This area is to be aesthetically screened from any road frontage or adjoining property boundary and is to be set back a distance of two (2) metre from any road frontage. A suitable hosecock and hoses to be located in the vicinity of the refuse container area.
Any flat or unit intended to be let out for fee or reward is to be licenced annually with Council’s Health Department in accordance with the provisions of Chapter 43 of Council’s By-Laws prior to such letting.
Submission of a cash bond or trading bank guarantee to the sum of $2,000, to secure performance of conditions, prior to the issue of Building Approval.
The cash bond or trading bank guarantee may be returned to the applicant upon payment of the required sums and performance of the conditions of approval.
The provisions of this Town Planning Consent are to be affected, prior to the commencement of the specific use granted under this Consent Council reserves the right to call upon the bond or guaranteed sum referred to in the approval for the purposes of litigation should the use not be conducted in accordance with this Approval.
This Consent may be revoked pursuant to Section 33 (16D0 of the Local Government Act if substantial progress has not been made in the erection of ant building or other structure in accordance with this Consent or the right conferred by this Consent are not exercised in accordance with this Consent within two (2) years of the date thereof.
Additional Conditions – 10 May 2023 – Unit 1 Only
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
22-095	B	Upper Floor Plan, prepared by Kieron James Design As annotated by Council	09/12/2022
Additional Conditions – 16 November 2023 – Unit 2 Only
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
23-009 Sheet 5	D	Proposed Site Plan prepared by Kieron James Design	07/08/2023
23-009 Sheet 7	D	Proposed Lower Plan prepared by Kieron James Design	07/082023
23-009 Sheet 8	D	Proposed Upper Floor Plan prepared by Kieron James Design	07/08/2023
23-009 Sheet 9	D	Proposed Elevations 1 prepared by Kieron James Design	07/08/2023
S23071217 LD2	A	Specification Notes, prepared by anembo consultants	21/07/2023
S23071217 LD3	A	Material Schedule, Typical Details & Plant Schedule, prepared by anembo consultants As annotated by Council	21/07/2023
S23071217 LD1	A	Landscape Plan, prepared by anembo consultants	21/07/2023
Landscaping Works
The development site must be landscaped.  The works must be undertaken generally in accordance with the approved Landscape Plan and must include in particular:
planting of shrubs and trees to the site’s frontage that will visually frame and soften the presentation of the built form to the street.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
referral agencies
Not applicable.
advisory notes
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. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
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.
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
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice – 10 November 1988.
Decision Notice - Minor 51988.2740.01 – 10 May 2023, with an amendment to condition 2 and additional condition 20.
Decision Notice - Minor 51988.2740.02 – 10 November 2023, add additional conditions 21, 22 & 23.

	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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